Hammond Defective Products Lawyer
Every day millions of individuals purchase products to use throughout their daily lives. Unfortunately, individuals could sustain significant injuries and harm due to a defective product.
If you or a loved one suffered serious injuries due to a hazardous product, you should consider taking legal action. A Hammond defective products lawyer could help you seek compensation for your damages and injuries from the negligent party. A knowledgeable personal injury can advocate on your behalf if you have been injured due to faulty merchandise.
Types of Products Liability Suits
When an injury occurs due to a defective product, the manufacturer, as well as the retailer, could be liable for damages. Some of the causes of action that are relative to a defective product claim include the following:
- Failure to warn
- Breach of express warranty
- Breach of implied warranty of fitness for a purpose
- Material misrepresentation
- Strict products liability
A diligent Hammond faulty products attorney could review the claim to determine if it has merit and then prove how the at-fault party was negligent. In failure to warn and breach of express warranty claims involving generic drugs, Louisiana law has been limited by Federal legislation which is preemptive.
Hammond Defective Products Lawsuits
The laws regarding defective products in Hammond are governed by the Louisiana Products Liability Act. The Act codifies remedial measures for defectively manufactured products. Growers, farmers, and professional service providers are not considered manufacturers.
Manufacturers are more than the producers of a product. Parties that could be considered as a manufacturer include:
- Labeler of the product
- Retailer
- Wholesaler
- Distributor
- Parts manufacturers
Again in claims as against manufacturers and retailers of generic drugs, the available causes of action are limited by Federal law which is preemptive.
It is best to seek help from a knowledgeable Hammond faulty goods attorney who has experience handling cases involving the Louisiana Products Liability Act.
What is an Unreasonably Dangerous Product?
If a court deems a product to present an extreme danger, and that item is the legal cause of an injury, any of its manufacturers may become liable. As a Hammond defective drugs attorney could further explain, Under RS 9:2800.54, a product may be considered unreasonably dangerous in its construction, design, warning label, or lack of a warning message.
In a lawsuit for inadequate warning, defendant manufacturers may defend themselves by stating that, at the time of labeling, there was no generally accepted scientific or technological data that would warrant such a warning.
Exceptions to the Unreasonably Dangerous Category
The Louisiana legislature has declared that firearms are not inherently, excessively hazardous products. Per RS 9:2800:60, a victim of a shooting may not sue the maker of the gun, merely because it was a brand of firearm that shot them.
Nonetheless a firearm manufacturer or seller may be held liable for any injury, damage, or death resulting from any shooting injury by any other person when the claimant proves and shows that such injury, damage, or death was proximately caused by the unreasonably dangerous construction or composition of the firearm as provided in R.S. 9:2800.55.
What is the Reasonably Anticipated Use of a Defective Product?
A seller or maker often offers an implied warranty of fitness for a particular purpose. In fact, sometimes a consumer may tell a salesperson outright that they anticipate using the item in a certain manner. When a product is released to the market, the manufacturer expects that the product will be used in its expected manner.
The injured Hammond claimant’s defective products attorney might be able to prove that they were using the item in a normal way, but they were nonetheless harmed.
Seek Help From a Defective Products Attorney Today
If you have been injured due to a hazardous product, you may be eligible to recover compensation for your damages. A Hammond defective products lawyer at Kopfler & Hermann could assess your case and help you pursue the payments that you need to make things right. Call today to get started on your claim.