What Constitutes a Dangerous Product?

New Orleans, LA Dangerous Product Injury Lawyer

Dangerous products fall under products liability. This refers to the liability of all parties along the chain of manufacturing that are associated with a product or the damage of a product. This liability can extend to manufacturers of components, an assembler, the wholesaler and the retail store that sold the dangerous product. Any product that contains inherent defects and causes harm to a consumer is subject to a product liability lawsuit due to its dangerous nature.

What Makes a Product “Defective” Under the Law?

A product can be defective in three ways:

1. If the product has been marketed with inadequate instructions or warnings regarding the foreseeable risks; then, it is considered to have a marketing defect.
2. If the product has been manufactured with a flaw, but the design and marketing is sound it is referred to as a manufacturing defect.
3. If the product was designed in a manner that makes it foreseeably dangerous and likely to cause injury, it is considered a design defect.

What Louisiana Law Considers a Defective Product

Louisiana’s product liability doctrine started in 1971 when the Louisiana Supreme Court decided in Weber v. Fidelity & Casualty Insurance Co. of New York. In this precedent-setting case, the courts held that a manufacturer of a product that involves risk of injury is liable to anyone that is injured because of the defective design, composition, or manufacture.

The scope of the Louisiana Products Liability Act establishes theories of liability for manufacturers for damage caused by their products. There are four theories under the act, namely:

1. The product’s initial construction or composition was unreasonably dangerous. This means that the product was not manufactured correctly and has a manufacturing defect.
2. A design flaw in the product presented unreasonable amounts of danger to the consumer. This refers to the product’s dangerous design defects that should have been obvious to the manufacturer at the time – and the manufacturer was then obligated to come up with an alternative design.
3. The manufacturer did not warn consumers about the dangers of the product or failed to provide adequate warning regarding undisclosed, unreasonable dangers associated with such product.
4. The manufacturer did not comply with the expressed warranty for the product, which caused the plaintiff to use the product without a valid warranty.

In Louisiana, a plaintiff can only recover damages under the theory of products liability and they must prove that the defective product caused harm. The damage must stem from reasonable use of the product and the plaintiff must show that they used the product in its anticipated way at the time of injury.

Speak with a Dangerous Products Attorney in New Orleans

Products liability claims often require skill and in-depth knowledge of the Louisiana Products Liability Act. Because there are strict provisions in this act that can easily confuse terms and liabilities, it is imperative you speak with an attorney right away regarding your injury. Even the most successful suits can be thwarted by a manufacturer’s willingness to spend millions of dollars fighting such claims. Therefore, it is important you have an attorney by your side with experience in similar litigation. The attorneys at Herman, Katz, Gisleson & Cain, LLC understand the complexities of these claims and we can help you receive the compensation you deserve for your injuries. Contact us at 844-339-2884 or fill out an online contact form for more information.