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Tangipahoa Parish Defective Products Lawyer

When you purchase products in the United States, it is reasonable to anticipate that the manufacturer has tested them to be safe for use. The last thing you expect is to be injured by such a product. However, thousands of consumers are injured each day from supposedly safe consumer goods.

If you were injured or harmed due to unsafe merchandise, a Tangipahoa Parish defective products lawyer may be able to help you learn all your legal options. A skilled personal injury attorney can work with you to file suit and seek compensation for your injuries.

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 a part made by another manufacturer can also be considered a manufacturer of the product.

Louisiana’s 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. An experienced products liability lawyer in Tangipahoa Parish could perform the due diligence needed to make these determinations in support of a claim.

Defective Products Liability in Louisiana

When a consumer uses a product that is unreasonably dangerous, a manufacturer can be held liable for the damages to the consumer. The product can be considered unreasonably dangerous in the following ways:

  • Design – even if the manufacturer releases a product that was used as it was intended, the chosen design can be inherently dangerous which outweighs its benefits
  • Construction or composition – the manufacturing and the construction process can make the product unsafe
  • Failure to warn the consumer of defects – the manufacturer of a product has a legal duty to warn consumers of any inherent dangers of using the product, and failing to do so may be considered evidence of negligence
  • Non-conformity to an express manufacturer warranty – a product may also be considered unreasonably dangerous if it does not adhere to the express warranty made at any time by the manufacturer, and the damages that occur are directly related to the falsity of the 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 a hair treatment burned you, a power tool injured you, or you ate packaged food that made you sick, call a Tangipahoa Parish products liability lawyer as soon as possible to review your potential claim.

Plaintiff Liability in Defective Product Cases

According to Louisiana Civil Code Article 2323, plaintiffs can also be held liable for their role in the accident. If a plaintiff failed to follow the instructions of the manufacturer or otherwise contributed to their damages, they can be found partially liable.

In some states, a plaintiff can be completely barred from recovering damages if they are found even partially at fault for the accident that caused those damages. In Louisiana, plaintiffs can still recover damages under such circumstances, but their percentage of liability would reduce their total compensatory award. Injured individuals should speak to a seasoned Tangipahoa Parish defective products attorney to determine if they can be held liable for some of their damages and how it might affect their claim.

The Statute of Limitations for a Faulty Product

According to Louisiana Civil Code Article 3492, a potential plaintiff—or their Tangipahoa Parish defective products lawyer working on their behalf—has one year from the date of the injury to file a civil lawsuit. If the lawsuit is not filed within this time frame, the plaintiff would no longer have a valid claim and may not be able to seek compensation for their damages.

Speak to a Tangipahoa Parish Defective Products Attorney

Injuries that occur from defective products can be expensive and painful to recover from. In light of this, the law provides individuals with a way to pursue compensation for any damages and injuries they have endured.

A Tangipahoa Parish defective products lawyer can help you with your claim all the way through litigation and negotiations. Waiting too long to seek legal help after a defective products injury may bar you from the compensation you deserve, though, so to preserve your legal rights and options, contact a well-practiced attorney today.