These days, shopping is as easy as picking up your cell phone. Consumers make their purchasing decisions based on good faith that the product they buy will be both safe and sold to them as advertised. Unfortunately, the quality of some may not be up to par. If you are injured by a product that is defective, the law offers several roads of recourse where you can receive compensation for your injuries. Here’s to what to do you are injured by a defective product.
In Louisiana, defective products are covered under the Louisiana Products Liability Act. This act details the scope of a manufacturers liabilities and the burden of proof required needed to file a successful claim. The following things, or elements, which need to be proven are:
The variety of defendants that sued for any injuries resulting from the defective or dangerous product are just as diverse. Instead of having to track down the product’s manufacturer, a plaintiff is may simply file suit against the retailer who sold said product.
According to Louisiana law, any member of the product’s chain of commerce may be sued so long as the following two facts are present:
A negligence claim requires you to show that the defendant failed to exercise reasonable care in the designing, manufacturing, designing, selling or warning of the dangers associated with the product.
Perhaps the most common type of products liability claim is that of strict liability. As the name suggests, strict liability claims don’t look to blame at all; instead, the wrongful act merely is selling a defective product, even if the manufacturer could not have been more careful.
A final method of recovering for injuries caused by a defective product is through breach of express or implied warranties. This claim, for example, can include people selling products that were explicitly marked as samples, and the like.
If you suffered an injury due to a dangerous product, or one which was defective, in Louisiana contact the Schwartz Law Firm today at 504-837-2263 to set up a free initial consultation. You pay nothing unless we win a recovery for you.
Schwartz Law Firm was founded by Christopher Schwartz in 1997. After obtaining his MBA and law degrees, Christopher Schwartz served as a Workers Compensation claims adjuster. This experience gave him a view of the system from the inside and inspired him to begin his own practice. Christopher Schwartz has successfully represented many injured employees in Longshore claims, Jones Act claims, and Personal Injury claims. He is a tough negotiator, whose track record includes multi-million dollar verdicts and settlements. Chris has also authored a book titled “The Road to Justice”. In his book, Chris outlines how he and his colleagues fight for public safety and what role his clients can play in winning their own personal injury cases. Chris is a native of New Orleans and has practiced law in Louisiana for 14 years. As a result, he understands local laws and feels a special loyalty to local people. He takes every case personally. Chris is available to represent clients anywhere in Louisiana and Maritime clients anywhere in the Gulf South. But he is also qualified to represent Defense Base Act clients anywhere in the world outside the U.S. He also focuses on auto accidents, semi-trailer accidents, 18-wheeler accidents and slip & fall accidents.