Product Liability

Legal Help if You've Been Injured by a Dangerous, Defective Product

Lake Charles Product Liability Attorneys

Manufacturers, wholesalers, and retailers of products can be held liable for unreasonably dangerous products that cause injury or death. A user, a child, a worker, a driver who suffers injuries from a product does not need to be the original purchaser or the product.

Product liability is controlled in the by Louisiana Products Liability Act, R.S. 2800.52, et seq.. It permits a manufacturer to be sued for a product that is placed in trade or commerce and was unreasonably dangerous when used in a manner that could be reasonably anticipated.

Your attorney must be able to show that the product was unreasonably dangerous when it left the control of the manufacturer, producer, or seller. The product liability lawyers at Broussard & Hart have the experience and resources to bring successful product liability cases to court.

The language of the statue defines how a product can be found to be "unreasonably dangerous." You will note the definitions are narrow and technical. Our attorneys know how to translate the damage you suffered into language a jury can understand to hold manufacturers liable. If you or a family member has been injured by the use of an unreasonably dangerous product, Contact our Lake Charles law office to arrange a free consultation with one of our lawyers.

Four Ways in which a Product Can be Unreasonably Dangerous

1. Unreasonably dangerous in construction or composition

A product is unreasonably dangerous in construction or composition if, at the time the product left its manufacturer's control, the product deviated in a material way from the manufacturer's specifications or performance standards for the product or from otherwise identical products manufactured by the same manufacturer.

2. Unreasonably dangerous in design

A product is unreasonably dangerous in design if, at the time the product left its manufacturer's control:(1) There existed an alternative design for the product that was capable of preventing the claimant's damage; and (2) The likelihood that the product's design would cause the claimant's damage and the gravity of that damage outweighed the burden on the manufacturer of adopting such alternative design and the adverse effect, if any, of such alternative design on the utility of the product. An adequate warning about a product shall be considered in evaluating the likelihood of damage when the manufacturer has used reasonable care to provide the adequate warning to users and handlers of the product.

3. Unreasonably dangerous because of inadequate warning

A product is unreasonably dangerous because an adequate warning about the product has not been provided if, at the time the product left its manufacturer's control, the product possessed a characteristic that may cause damage and the manufacturer failed to use reasonable care to provide an adequate warning of such characteristic and its danger to users and handlers of the product.

A manufacturer is not required to provide an adequate warning about his product when:(1) The product is not dangerous to an extent beyond that which would be contemplated by the ordinary user or handler of the product, with the ordinary knowledge common to the community as to the product's characteristics; or (2)The user or handler of the product already knows or reasonably should be expected to know of the characteristic of the product that may cause damage and the danger of such characteristic.

A manufacturer of a product who, after the product has left his control, acquires knowledge of a characteristic of the product that may cause damage and the danger of such characteristic, or who would have acquired such knowledge had he acted as a reasonably prudent manufacturer, is liable for damage caused by his subsequent failure to use reasonable care to provide an adequate warning of such characteristic and its danger to users and handlers of the product.

4. Unreasonably dangerous because of nonconformity to express warranty

A product is unreasonably dangerous when it does not conform to an express warranty made at any time by the manufacturer about the product if the express warranty has induced the claimant or another person or entity to use the product and the claimant's damage was proximately caused because the express warranty was untrue.

In product liability cases, it is essential to the success of the case that the unreasonably dangerous product be preserved. Receipts showing purchase, repair records, and other documents can be vital to building a successful case.

If you believe you have product liability case involving a dangerous children's toy or infant product, a defective car part, defective equipment in the workplace or at a construction site link to construction accidents, contact our law office to arrange a free and confidential consultation.

From our Calcasieu Parish offices we serve clients throughout Southwest Louisiana, including Cameron, De Ridder, and Lafayette. Call 337-439-2450 or toll free: 866-281-4774). We will respond quickly to your inquiry.