While New Orleans product liability lawsuits involving older products can be a little more difficult, there is really no reason not to pursue a claim that a product is defective just because it is old. It is easier, however, to prove that there is a defect in the design of a product when its dangerous characteristic can be shown to have existed at the time it left the control of the manufacturer. When an injured person claims there is a defect in the design of an older product, personal injury attorneys will explore not only the condition of that product when it left the manufacturer, but also any alterations or modifications that may have occurred in the intervening time. Louisiana Revised Statute 9:2800.54(C) allows a claim for a defect in design to be pursued not only based on the condition of the product when made, but also based on any “reasonably anticipated alteration…Read More
A New Orleans resident who is pursuing a personal injury or product liability lawsuit against the manufacturer of a dangerous product may claim that the product is unreasonably dangerous in its design. When pursuing a product liability claim as a result of an injury, the plaintiff must prove specific facts as outlined in Louisiana law. First, the plaintiff must establish that, at the time it was manufactured, there existed an alternative design for the product that was capable of preventing the plaintiff’s damage. The existence of a newer version that is safer, however, does not support a claim that a product is unreasonably dangerous in its design. A safer version must have existed when the product that caused the injury was manufactured. Second, the plaintiff must prove that the likelihood of the product causing the claimed injury – and the severity of that injury – outweighed the burden placed upon the manufacturer if…Read More
When a resident of New Orleans is injured or killed by a firearm – whether intentionally or accidentally – the law greatly constrains the circumstances under which the manufacturer or seller of the firearm may be sued for making or distributing an unreasonably dangerous product. While a personal injury or wrongful death lawsuit may be pursued against the individual who actually discharged the weapon and possibly other parties, the manufacturer and seller will usually be exempt from liability. While a firearm may appear to have the characteristics necessary to classify it as a dangerous product, the Louisiana legislature has specifically stated in Louisiana Revised Statute 9:2800.60 that the Louisiana Products Liability Act was not designed to impose liability on a manufacturer or seller of firearms for the improper use of a properly designed and manufactured product. The statute further states that the potential of a firearm to cause serious bodily…Read More
The Louisiana Department of Agriculture and Forestry’s Office of Animal Health and Food Safety has announced the recall of approximately 500,000 pounds of “ready to eat” sausage and hog head cheese produced by Veron Foods, LLC, of Prairieville, Louisiana. These products may be contaminated with Listeria monocytogenes, and New Orleans residents who have purchased these foods should immediately check the product to protect their health. Eating food contaminated with Listeria monocytogenes may lead to listeriosis. While listeriosis is rarely contracted by healthy people, it can cause serious and sometimes fatal infections in people with weak immune systems. This includes infants, the elderly, and those with HIV. The infection may spread to the nervous system, causing high fever, headaches, neck stiffness, nausea, confusion and convulsions. Listeriosis also can cause miscarriages and stillbirths. If you or someone you know has suffered because of eating contaminated food, you may be able to pursue…Read More
When a dangerous product has injured a client, New Orleans personal injury attorneys usually will examine what warnings, if any, the manufacturer gave regarding the product’s use. In some cases, a product may be found to be dangerous because the manufacturer did not provide an adequate warning. Whether a manufacturer must provide a warning depends on the nature of the product. When a manufacturer learns, or reasonably should have learned, of a dangerous characteristic, they have a duty to provide a warning of that danger to anyone who uses or handles the product. However, there are exceptions to this requirement. No warning is necessary when the user knew or reasonably should have known of the product’s dangerous characteristic. For example, knives generally do not need warning labels because their danger should be obvious to the user. A warning also is not necessary when the extent of the product’s danger would be…Read More
When a New Orleans resident is injured by a power tool or other manufactured product, a potential claim against the company that made the dangerous device is governed by the Louisiana Products Liability Act. This law sets forth some very specific rules regarding older manufactured products in a personal injury lawsuit. Where problems may arise when pursuing manufacturers of older items – especially items such as power tools – is in proving that the manufacturer should have anticipated the condition of the product at the time of the injury. Under Louisiana law, the characteristic of the product that makes it unreasonably dangerous either must have existed when the product left the control of the manufacturer or must have arisen from an alteration or modification of the product that the manufacturer could have reasonably anticipated. Alterations or modifications that a manufacturer can reasonably anticipate include normal wear and tear, and changes that…Read More
New Orleans parents should be aware that the U.S. Consumer Product Safety Commission and Target have announced a recall of children’s belts that pose a threat of serious injury. The buckles in these belts contain lead levels that exceed the federal lead paint standard. Parents who have purchased this dangerous product should take immediate steps to remove it from their home. Lead has been shown to cause serious health problems, including brain damage, in children. If your child has suffered from injuries or illness due to a defective product, you should explore your options for filing a product liability lawsuit. There are two types of belts subject to recall, both of which were sold in packs of two. The Cherokee boys’ belts are reversible black and brown belts sold in sized M-XL. The numbers 202/08/0018, 202/08/0019 or 202/08/0020 are embossed on them. The girls’ Circo belts are pink and white, come…Read More
New Orleans Product Liability lawyers typically examine whether a product that caused an injury was properly manufactured. Part of that examination may include an investigation into whether the item was made in compliance with the relevant industry and government standards. People injured by defective products may be eligible to file a product liability lawsuit. While a failure on the part of a manufacturer to comply with the accepted standards is helpful in pursuing a product liability lawsuit, noncompliance with industry or government standards is not determinative on the issue of liability. Instead, for a manufacturer to be held liable for an injury, Louisiana law requires proof that the injury was proximately caused by a characteristic of the product that rendered the product unreasonably dangerous. It also requires that the damage arose from a reasonably anticipated use of the product. Proof of failure to comply with industry or government standards is, however,…Read More
When a New Orleans resident is injured while using a machine at work, whether he or she can recover any damages is governed under the Louisiana Products Liability Act. To recover damages under this act, the plaintiff must prove that the product was unreasonably dangerous in one of four ways: 1) construction or composition, 2) design, 3) inadequate warning, 4) or failure to conform with an express warranty. When the manufacturer has indicated that a product is safe to use in a certain way and that turns out not to be the case, the injured party may be able to recover damages based on the product failing to comply with an express warranty. An express warranty is a verbal or written statement guaranteeing that the product will work in a certain way or that the product is warranted against defects in materials or workmanship. Under the Louisiana Products Liability Act, a product…Read More
New Orleans residents who have been prescribed Darvocet or Darvon should be aware that the FDA pulled these painkillers off the U.S. market late last year. If you are currently using either of these medications, you should immediately consult your doctor to discuss switching to another form of pain management. The decision to remove Darvocet and Darvon from the market came in the wake of the FDA receiving new data indicating that propoxyphene – the drug contained in these medications – is capable of causing potentially fatal heart rhythm abnormalities. According to the FDA, these new studies showed that the drug caused significant changes to the electrical activity of the heart, even when used within prescribed dosages. The manufacturer of Darvon and Darvocet, Xanodyne Pharmaceuticals Inc., has voluntarily agreed to withdraw the drugs from the market. The FDA has also contacted manufacturers of the generic forms of these propoxyphene-containing painkillers…Read More
