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Frequently Asked Questions about Products LiabilityQ: Who is responsible when a product causes an injury? A: Manufacturers, wholesalers and sellers may all be responsible when a product injures someone. If the product is defective or it presents an unreasonable danger, and the defect or danger causes the injury, the injured party may have a case. The defendants can be found liable under theories of negligence, strict liability or breach of warranty. Q: What kind of compensation or damages can be awarded in products liability cases? A: Depending on the strength and the facts of the case, the plaintiff may recover compensation for medical bills, lost wages and pain and suffering. Punitive damages may be available if the defendant acted in a malicious or grossly negligent manner. The level of the award and its application depends on the state in which the litigation takes place. |
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In most states today, an injured person does not have to be the purchaser of the product in order to recover from the manufacturer or seller of the product under a product liability theory. |
Louisiana Product Liability Injury Lawyer
Dangerous and Defective Product Information
Toll Free: 1-888-708-8950
Leger & Shaw is a full service New Orleans law firm that focuses on product liability injury claims, including auto defects, ship and boat defects, oil field equipment defects, and medical device and drug defects. For a more detailed list of some of our recent product liability claims we have handled, please visit our Defective Product Litigation page. Whether your injuries were caused by a defective product or due to a manufacturer's failure to warn about an inherently dangerous product, we have the experience you seek to assist you with your claim.
Our attorneys believe you should have the knowledge needed to make informed decisions regarding the handling of your product liability claim. Accordingly, we are providing you with some general information regarding product liability law. If you have any questions regarding the information provided below, or if you wish to discuss your particular injury claim, please contact an experienced product liability injury lawyer and schedule a free confidential consultation. Manufacturers and their insurance companies have high-powered attorneys representing their legal interests; let us represent yours.
Products Liability - An Overview
Defective and unreasonably dangerous products can cause serious injuries to adults and children alike. No one uses a product expecting it to break or fail; when a product's defect becomes apparent, it can take the user by surprise.
Luckily, products liability is a well-established area of the law. If you have been injured, consult with an experienced products liability attorney to discuss your options.
The federal government regulates some aspects of consumer product safety, but the laws affecting products liability litigation exist at the state level. Although the intricacies of these laws vary from state to state, the states share some overarching principles.
What Is Products Liability?
When a person uses a product in a reasonable manner and that product causes injury, the manufacturer, wholesaler or seller may be liable. Think of a hairdryer that emits a dangerous shock or a child's toy that contains small, sharp pieces: consumers should be able to use these products as they are intended to be used without worrying about being hurt.
Defective Products
Defective products can cause serious injury and even death. Defects can be traced to three main stages: when the product is designed, when the product is manufactured and when the consumer should receive instructions or warnings.
Types of Products Liability Cases
Because we interact with so many different products in this country, injuries can have many different sources. Products that cause injury and even wrongful death range from cars and trucks to toys and children's furniture.
Special Considerations in Products Liability Cases
If you or a loved one has been injured by a defective product, the first thing to do is seek proper medical care. After that, you may wish to take legal action. Products liability cases can be complex, so it is important to seek the help of an experienced attorney. An attorney can help you sort out the details and secure the witnesses you need.
Products Liability Resource Links
U.S. Consumer Products Safety Commission (CPSC)
Federal Trade Commission (FTC)
Food and Drug Administration (FDA)
Institute for Safe Medication Practices (ISMP)
Kidd Safety
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