Assumption Parish Product Liability Lawyer
Under the Louisiana Products Liability Act (LPLA), a manufacturer of a product has a duty of care to the product user that their product is not unreasonably dangerous when the consumer uses the product in a way that was reasonably anticipated. A product can be considered unreasonably dangerous because of a poor design, faulty construction, a failure to post a warning about a product hazard, or the product’s failure to conform to the manufacturer’s express warranty.
When a product malfunctions and causes you harm even when used correctly, you may have a right to recover monetary damages for your injuries. If you have been hurt by a product, call an Assumption Parish products liability lawyer as soon as possible. An experienced personal injury attorney could review your potential claim and help you file one.
How is Product Liability Proven in Assumption Parish?
To succeed in a products liability lawsuit, plaintiffs must demonstrate that an unreasonably dangerous condition of the manufacturer’s product directly caused their injuries and that the dangerous condition existed when the product left the manufacturer’s control.
Determining what constitutes unreasonable danger is often critical to a successful products liability case. A skilled Assumption Parish products liability attorney could work to prove that a factor of unreasonable danger existed and led to a plaintiff’s injuries in accordance with the LPLA. There is often considerable evidence to obtain and review, therefore, having experienced legal help to help sort through it may significantly increase a plaintiff’s chances of recovery.
What is the Impact of the Manufacturer’s Test Under the LPLA?
The LPLA includes a manufacturer’s test enumerated in Louisiana Revised Statutes §9-2800.53(1). Under the law, a manufacturer is someone who produces a product, as well as someone who exercises control over some characteristic of the product. Someone who incorporates into the product apart made by another manufacturer can also be considered a manufacturer of the product.
The products liability statute renders product sellers liable for injuries in a products liability claim when they label a product as their own or in some other way hold themselves publicly as the manufacturer, even if the seller has not altered the product in any way. This is because the statute was written to protect consumers who are induced to buy a certain manufacturer’s label.
A seller can also be deemed a manufacturer who is in the business of importing or distributing products made abroad by a non-U.S. entity. A seasoned Assumption Parish product liability lawyer could perform the due diligence needed to make these determinations in support of a claim.
Get Assistance from an Assumption Parish Product Liability Attorney
You have one year from the date of your injuries to file a personal injury lawsuit for products liability in this state. A year can go by quickly while the clock ticks on your rights to receive compensation for your injuries, so time may be of the essence in your claim.
No one should have to suffer injury from properly using an unreasonably dangerous product. Call an Assumption Parish products liability lawyer today to discuss your case and see what options may be available in your case.