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Special Considerations in Products Liability Cases

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.

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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.

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Special Considerations in Products Liability Cases

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 from Leger & Shaw in New Orleans, LA, can help you sort out the details and secure the expert witnesses you need.

What to do when you have been injured

After seeking medical treatment, you can take steps to strengthen your case. Do not throw away the product that hurt you if it is safe to keep it. This will preserve important evidence about what went wrong and what kind of defect the product had. If an investigator for an insurance company or the manufacturer asks you to hand over the product, consult with an attorney first. If the product that harmed you was a car, notify anyone who tows it or otherwise comes into contact with it not to destroy or alter it.

Take note of when and where you bought the product. If the product came with instructions or a warning, did you read it? Make note of how the accident occurred and how you were using the product at the time.

Meeting with a lawyer

When you meet with a products liability attorney, the attorney will want to hear the story of how you were injured. Tell the attorney the details you remember without embellishing. This allows the attorney to accurately evaluate the strengths of your case.

The attorney may also ask you about the life of the product — if it was new when you bought it, if you altered it in any way and if it was in your possession the whole time you owned it.

Expert witnesses

Successful products liability cases often require expert witnesses to examine the evidence and explain its meaning. Expert witnesses can clarify to the jury or the judge the problem that made the product defective or unreasonably dangerous.

Expert witnesses typically have backgrounds in areas such as engineering, safety issues, medicine and design. Qualified experts can be key to the success of your case, depending on its complexity and level of detail.

Negotiations and trial

Depending on the particular strengths of your case, your attorney may wish to negotiate with the manufacturer or seller of the product that injured you. Negotiations can save the time and expense of a trial; if the opposing party does not extend a reasonable offer, however, then trial may be the better choice.

State laws

Although some federal rules regulate aspects of product safety, each state has its own laws on products liability. This is why it is so important to work with a knowledgeable products liability attorney who is familiar with the laws in your state. Contact an attorney from Leger & Shaw in New Orleans, LA, for more information on how your state's laws affect your chance for recovery.

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DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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