When consumers buy products, they rightfully expect the products to work safely and properly. Unfortunately, this isn’t always the case. Sometimes, consumers may end up purchasing a defective or poorly manufactured product that can result in unforeseen injuries.
Manufacturers of defective products are protected in Louisiana by the Louisiana Product Liability Act (LPLA), Louisiana Revised Statutes, 9:2800.51, et seq., which provides the exclusive theories of liability for defective or unsatisfactory products causing injury in Louisiana. Under the LPLA, a product manufacturer can be held liable only if the product that causes the injury is unreasonably dangerous in construction or composition, unreasonably dangerous in design, unreasonably dangerous because of inadequate warning, or unreasonably dangerous because of nonconformity to express warranty.
Product liability claims can include the manufacturer of a defective product, the wholesaler or distributor of the product, and can also include the retailer of the product. Product liabilities can arise if a product is unreasonably dangerous in four ways: construction or composition, design, inadequate warning, and express warranty.
A manufacturing defect results if the design of the product was satisfactory, but that particular product was not made correctly. A design defect occurs when a said product was manufactured as intended, but it was inherently unsafe. The failure to warn or instruct occurs when the instructions and warnings of a product do not list or adequately describe how to use a product. This also includes not including any warnings about potential dangers or hazards that exist from using a product. A product is unreasonably dangerous for not conforming to an express warranty if the express warranty induced a person to use the product, that person suffered a personal injury through the use of the product, and that injury occurred because the express warranty was untrue.
Some of the most common cases of product liability include but are not limited to:
- Medical devices
- Prescription Drugs
- Machinery and tools
- Cars and passenger vehicles
- Automobile accessories
- Household appliances
- Toys, chairs, and other recreational equipment
When designing a product, manufacturers have a duty to ensure that they factor in all the dangers that are likely to arise from using a specified product. Should the manufacturer fail to address or note any dangers, they could face legal damage charges by the courts. Though most of our cases get settled outside of the courtroom, we always prepare to go to trial at the Tomeny Law Firm. If you feel that you or someone you know has been injured due to a manufacturer, retailer, or wholesaler's negligence, you may be entitled to receive compensation for a product liability claim. Call us today for a FREE consultation at (888)-483-8842!