Defective products can cause serious injury or even death to an unknowing consumer. Every day in the United States, adults and children are seriously injured and even killed as a result of manufacturers’ failure to adequately construct or assemble products. Tragically, today more and more dangerous manufacturing defects have been found in baby products and children’s toys. The Lafayette products liability lawyers at Broussard & David can help you seek compensation after an injury caused by this type of problem.
Manufacturing defects are the direct result of manufacturers’ errors in the design, making or assembling of their products. Unfortunately, manufacturing defects often present hidden dangers, which are only realized after an injury occurs. No matter how careful the manufacturer, if a defective product presents an unreasonable danger and causes an individual serious injury or death, the manufacturer can be held legally responsible under products liability law.
Broussard & David is a personal injury law firm that represents clients injured by defective products. If you or a loved one were seriously injured by a defective product, you should speak with a products liability attorney at our Lafayette firm to learn about your legal rights. At Broussard & David, we work to ensure that manufacturers are held responsible for their negligence.
Products liability law offers consumers exclusive theories of recovery against product manufacturers. Because tort law is a matter of state law, each state has its own series of law governing products liability. In Louisiana, the Louisiana Products Liability Act (LPLA) provides exclusive theories of recovery against product manufacturers in the state.
The LPLA provides four theories of recovery for an unreasonably dangerous product:
- The product’s construction or composition was unreasonably dangerous — The product was not assembled or manufactured properly. In other words, the product has a manufacturing defect.
- A design defect in the product presented an unreasonable danger — The product had an unreasonably dangerous defect in its design, and at the time the manufacturer designed the product, an alternative design existed that would have prevented harm.
- The manufacturer failed to warn consumers about an unreasonably dangerous product — The manufacturer failed to provide an adequate warning to the consumer about an unreasonable, undisclosed danger associated with the product.
- The manufacturer failed to comply with an express warranty — The manufacturer offered an express warranty that caused the plaintiff to use the product and the warranty was not true.
An individual can only recover under a theory of products liability if the product caused damage or harm. The damage must also stem from use of the product in a reasonably anticipated way.
Proving a products liability claim requires skill, experience, and an in-depth knowledge of governing authority, the Louisiana Products Liability Act. Because one successful products liability suit can lead to a string of similar expensive suits for a manufacturer, manufacturers spend millions of dollars each year defending products liability suits and often refuse to settle. A knowledgeable Lafayette products liability attorney can assist you in protecting your legal rights and developing strategies for recovery.
We offer COMPLIMENTARY consultations to all prospective clients. For questions, call Broussard & David at 888-337-2323 (toll free) or 337-233-2323 (local). You can also contact us online for answers to your questions or to schedule your consultation with a products liability lawyer in Lafayette.