Your Roadmap To Justice And Compensation
Product Liability: An Introduction
Product liability, as the name suggests, deals with your legal rights and the applicable laws when an individual sustains injuries while using a manufactured product. Unlike other forms of liability, such as auto accident liability, which are concerned with harm caused by individual actions, product liability cases center on injuries or damages arising from defects in a manufactured product or how the product is presented to the public. This encompasses aspects such as product promotion and advertising, as well as the information and warnings provided with the product.
Common Causes
In Louisiana, product liability injury claims often align with the popularity of a particular product. For example, my firm receives numerous inquiries every month related to Nutribullet blender injuries, primarily due to the product’s widespread use. It's a general rule that when a product experiences issues, it's more likely to lead to an increase in related cases.
Common Injuries
The nature of product liability personal injuries varies significantly based on the specific product involved. Let's consider Nutribullet high-speed blenders as an example. One of the most frequent injuries associated with these blenders is burns which occur when the super-heated contents inside the blender explode, causing hot food to spray onto the user. Similarly, pressure cooker incidents often lead to burn injuries as they often involve super-heated food products that can explode during use.
Meanwhile, products like asbestos-containing materials lead to distinctive injuries, primarily asbestos-related diseases such as mesothelioma. Even further, other cases deal with injuries of a completely different nature. In one scenario, I handled a case wherein a product failure resulted in a ladder collapsing, leading the person on the ladder to fall from a considerable height and suffer a severe foot fracture.
Types Of Product Defects That Can Lead To A Product Liability Case
In Louisiana, we operate under the Louisiana Product Liability Act, a legal framework that allows individuals to pursue legal action against product manufacturers based on four distinct theories of product defects:
This concerns whether there was an inherent flaw in the product's design that directly led to the injury.
This theory examines whether a flaw emerged while the product was being manufactured, rendering it defective and responsible for causing harm.
This scrutinizes whether the product carried adequate warnings or information, alerting consumers to the potential risks associated with its use.
- Violation Of An Express Warranty
This theory assesses whether the product's manufacturer made specific promises or warranties regarding the product's performance that were ultimately not upheld, constituting a breach of the manufacturer's warranty.
The Burden Of Proof In Product Liability
In civil cases, including product liability cases, the burden of proof is met by a preponderance of the evidence. To help jurors grasp this concept, I often explain it in the following way…
Imagine you have a hundred sheets of paper in your left hand and a hundred and one sheets of paper in your right hand. In this scenario, the right hand would prevail by a preponderance of the evidence. All it requires is slightly more evidence in favor of a particular claim. For instance, when establishing that a product is defective, you need just a bit more evidence supporting that assertion compared to the evidence against it.
This standard of proof differs significantly from what's expected in criminal cases, beyond a reasonable doubt. This is a far more demanding burden of proof than what's required in civil cases, where a plaintiff needs to meet the lower threshold of a preponderance of the evidence.
The Statute Of Limitations
The legal concept that is called the statute of limitations elsewhere is referred to as prescription In Louisiana. Unfortunately, this means that you are granted only one year from the date of your injury caused by a product to file a lawsuit. However, it's important to note that there may be circumstances that could potentially extend this timeframe. For instance, if you were unaware that the product was responsible for a particular injury and only discovered this fact at a later date, there may be legal provisions that allow you to extend the one-year timeframe. But, as a general rule, you typically have only one year from the date of the injury caused by the product to take legal action.
The Importance Of Seeking Medical Treatment
If you've sustained a serious injury due to a product, it's essential to promptly seek medical attention. Delaying medical treatment, even for just a couple of weeks, may raise doubts in the minds of the jurors and insurance companies, causing them to question the authenticity or severity of your injuries.
I always advise potential clients that if they're experiencing pain or have suffered a significant injury, it's in their best interest to immediately seek medical attention. Besides, why wait? The longer you postpone seeking medical attention, the more it may appear that your injuries were not as severe as you claim.
Beginning The Personal Injury Claim Process
After seeking medical attention, immediately contact an attorney. Don't try to do things yourself. An attorney will advise you concerning what is necessary to preserve evidence, prepare your case for litigation, and possibly even trial further down the road. For more information on Product Liability Injury Claims In Louisiana, an initial consultation is your next best step.
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