LOUISIANA PRODUCT LIABILITY ATTORNEY
Product Liability Attorney in Shreveport
When we pick up or use any kind of product, we expect it to be safe. We expect rigorous testing, experimentation, and safety precautions to be utilized for the average consumer good, whether it’s an over-the-counter medication or the airbag in our car. However, large corporations and product manufacturers like to take shortcuts wherever possible. Even if this saves them money, it has the potential to make a product unsafe or even outright dangerous for consumers. Unfortunately, consumers usually have no knowledge of product defects until after the product has caused them harm. Manufacturers, on the other hand, often knowingly produce and market flawed products. In order to meet Louisiana’s timeline for filing a lawsuit, you need an experienced product liability attorney on your side.
At the Greenwald Law Firm, we understand the intricacies of Louisiana’s Products Liability Act. Not only do we have the knowledge and resources to help you with your case, but we also have the passion and dedication it takes to tackle big manufacturers and corporations. If you or a loved one suffered injuries or damages from a defective product, you need a Shreveport personal injury attorney from the Greenwald Law Firm. To set up your free consultation with an attorney, please give our Shreveport office a call at 318-219-7867 today. We are more than ready to fight for your right to just compensation.
Louisiana Products Liability Act
The first important element of a product liability suit is Louisiana’s Products Liability Act. Created in 1988, this Act provides a legal remedy for consumers who experienced harm or death because of a defect in a manufacturer’s product. The Act allows for a consumer and their product liability attorney to file a claim under the LPLA. At the Greenwald Law Firm, we understand exactly how the LPLA defines a “manufacturer” of a product. Below, we’ll list for you the elements of what constitutes a manufacturer.
- A “person or entity” which manufactures a product to be put into “trade or commerce”
- Manufacturing, in this case, is “producing, making, fabricating, constructing, designing, remanufacturing, reconditioning, or refurbishing,” even those products that have parts or components manufactured by another company or entity.
- Someone who puts their name on the label of a product
- Sellers who control the design characteristics, construction, or quality of the product that caused the injury
- Sellers who sell goods made by a manufacturer outside of the United States
- In this case, the seller must be the manufacturer’s “alter ego.”
Product Liability Claim
So, what exactly makes up a successful product liability claim? In order to even have a chance at winning your case, we must prove the following:
- There existed an unreasonably dangerous characteristic of the product, which then caused damage to the user during their “reasonably anticipated use” of that product.
- The product was dangerous in terms of construction, composition, or design or otherwise dangerous due to inadequate warning or failing to meet an express warranty.
- The unreasonably dangerous aspect existed either as it left the control of the manufacturer or happened after a “reasonably anticipated alteration or modification.”
Product Liability FAQs
What To Do After Your Defective Product Injury?
After any kind of personal injury, it is important to know the steps to take for your particular situation. While we understand that each and every situation is unique in some way, there are general steps to take that will help your case in the long run. Below, we outline the best steps to take after sustaining an injury from a defective product.
- Seek medical attention. As soon as you are able, visit your doctor or get to an emergency room. More important than anything else is your health. Additionally, going to the doctor creates a paper trail for the injuries you sustained from the defective product. Medical records and doctor’s visits are extremely important for any injury case.
- Preserve the evidence. Do not throw away the defective product, even if it no longer functions. Additionally, keep all the wrapping, instructions for use, and packaging that came with the product. Lastly, find and keep your proof of purchase and/or receipts. We recommend that you keep your evidence in a safe place where you won’t lose it. Take photos to further back it up.
- Contact a product liability attorney. By following the above steps, you have secured your evidence. Now, it’s time to put them to use in the courtroom. Call the Greenwald Law Firm to have your attorney examine the evidence and begin building your case. The sooner you call, the more time we have to prepare to fight for just compensation.
How are Product Liability Cases Different from Other Personal Injury Cases?
In general, product liability cases differ from what we typically think of in terms of personal injury cases. For personal injury, we might think of a car accident in Louisiana in which one driver exhibited negligence and caused the crash. In product liability cases, however, it is not necessary that the victim prove negligence. The only proof we need (loosely) is that of the injury itself as well as the defect of the product.
At this point, the manufacturer will attempt to prove that the product was not actually defective. This is something we anticipate and are prepared for. The LPLA outlines three ways in which you and your product liability attorney can work together to prove actionable product defects.
- Manufacturing defects: Let’s say that during the manufacturing process, the manufacturer failed to do something that they normally do while making the product. In this case, the manufacturer is liable for damages caused by the product.
- Design defects: Maybe another design existed for the product that might have prevented your injury from happening. If the cost of this alternative design was less than the risk of injury, then whoever designed the product is liable.
- Failure to warn: Finally, let’s say that the company knows about a dangerous quality that the product has. If they do not warn consumers via warning labels or by way of another method, the manufacturer is liable for damages. Examples of failures to warn include both missing safety labels or missing safety shields.
What Damages Can I Recover in a Product Liability Lawsuit?
If a defective product caused you to suffer losses of some kind, you are entitled to certain compensatory or punitive damages. Below, we outline these two categories of damages.
Compensatory: to make the plaintiff “whole” again.
- Current and future medical expenses
- Cost of disability
- Current and future lost wages
- Property damage or loss, plus repair
- Loss of earning capacity
- Pain and suffering
- Loss of consortium
Punitive: to punish the defendant for their conduct.
Do I Need a Product Liability Attorney for Help with my Product Liability Claim?
As with any legal issue, it is almost always beneficial to hire a lawyer for help in a case. Every legal matter depends upon the facts of the case. However, having an experienced attorney helps to build your claim, organize the facts in a way that benefits you, and find flaws in the opposition’s case.
At the Greenwald Law Firm, we keep our clients informed and provide guidance from your very first visit with us to the conclusion of your case. Not only do we have years of experience representing the people of Louisiana in product liability cases, but we are also well-versed in personal injury cases of all types. Don’t hesitate to reach out to a product liability attorney with our firm.
Contact a Shreveport Product Liability Attorney Today!
If you or a loved one suffered damages as a result of a defective or dangerous product, you need a product liability attorney from the Greenwald Law Firm. We serve the Shreveport-Bossier area, taking on various personal injury and wrongful death claims. Additionally, we have extensive experience handling successions, estate planning, and even criminal defense in Shreveport and the surrounding areas. To get in touch with an attorney who is sure to suit your needs, please give our office a call at (318) 219-7867 today.