Louisiana Product Liability Lawyers
Ensuring that Individuals Hurt by Defective Consumer Products Are Compensated for their LossesEvery day, we use consumer products in our homes and workplaces. From the coffee maker you switch on each morning to the car or truck you drive to work to the cell phone in your pocket, consumer products are an essential part of our lives, and we often use them without giving them a second thought.
Millions of people are injured by defective products every year. In serious cases, the people hurt by these products develop long-term medical problems or disabilities that prevent them from leading a normal life and may even necessitate residential medical care or prevent them from working.
The businesses that design, make, and sell products to the public have a duty to ensure that their products do not pose an unreasonable risk of injury to consumers. When they fail to do so, people who are injured by their products can often recover compensation for their losses by filing a product liability claim. Losses that are typically recovered in these kinds of claims include:
- Medical expenses
- Lost income
- Loss of quality of life
- Physical and emotional pain and suffering
- Property damage
- The cost of rehabilitative care
- Loss of consortium
In product liability cases where a company knew about the risks associated with a certain product and brought it to market regardless, victims may be able to pursue punitive damages as well. Punitive damages are meant to punish businesses for their conduct and also dissuade others from engaging in similar conduct. As a result, these types of damages are often substantial, as larger corporations are unlikely to be incentivized to change by damage awards that do not have a significant effect on them financially.
What Kinds of Products Can Cause Serious Injuries?Virtually any type of consumer product can result in a serious injury. While the hazards posed by some may be obvious, even a something as seemingly benign as a toothbrush has the potential to cause serious injuries when defective. Some of the more common kinds of consumer products that often injure consumers when defective include the following:
- Food products
- Lawn equipment
- Sports equipment
- Cleaning supplies
- Medical products and devices
- Recreational Products
These are just some examples of products that can cause injury when they are defective. As a person who has been injured by a defective product, it is important to understand that it is not always clear that a product was defective when an accident occurs. For example, in a car accident, it may not be apparent to those involved that the incident was caused in part by a malfunctioning anti-lock brake system. Similarly, people who have received metal-on-metal hip implants may be unaware that metal ions entering their blood stream due to a defective device can result in symptoms as seemingly unrelated as ringing in the ears or problems with vision. For this reason, anyone injured in any type of accident involving a consumer product should have their case thoroughly reviewed by an attorney.
Various Types of Defects Can Result in Serious AccidentsProducts liability claims can generally be categorized into three types: those based on a design defect, those based on a manufacturing defect, and those based on a failure to warn consumers about dangers associated with the product (often referred to as a “marketing defect.”)
Defective Design – Design defects happen when a product is designed in such a way as to make a product inherently dangerous to use. Common examples of defective design include vehicles that are inherently unstable and prone to rollovers or a phone battery that becomes hot enough to pose a fire hazard.
Manufacturing Defects – Manufacturing defects occur during the manufacturing process and tend only to affect certain instances of a particular product. Examples of manufacturing defects include shoddy quality or using substandard materials to make a product.
Failure to Warn – Failure to warn (or defective marketing) claims arise when a manufacturer or retailer fails to warn consumers about a non-obvious danger that could be easily mitigated if such a warning had been issued.
Providing Businesses with Effective Product Liability Defense Counsel and RepresentationAt Hudson, Potts & Bernstein, we are committed to the legal process and understand that there are two sides to every case. For this reason, we also work with businesses that design, manufacture, and market consumer products and help them minimize their legal liability. Our work with companies includes both representation during active litigation and also helping businesses engage in practices that will limit their liability should an incident occur. In addition, we can help companies develop product labels, liability waivers, and other legal means to limit liability and ensure that consumers who use their products are aware of the risks posed. In many cases, a strong products liability strategy from the outset can allow businesses to avoid costly litigation in the future, ultimately saving costs.
Our attorneys work with clients in a wide variety of industries and have defended cases involving allegedly defective:
- Heavy equipment
- Tractor-trailer rights
- Other products
Call Hudson, Potts & Bernstein to Schedule a Consultation with a Louisiana Product Liability Attorney
Whether you are an individual who has been hurt by a defective consumer product or a business that is trying to limit its potential liability, obtaining experienced legal representation and advice on a products liability claim is essential. At Hudson, Potts & Bernstein, we are committed to providing effective, actionable, and solution-oriented legal counsel to all parties with legal issues related to products liability law. We work with clients throughout Louisiana, Mississippi, and Arkansas and have a commitment to bringing every case we handle to the best resolution possible.
To schedule a case evaluation with one of our product liability lawyers, call our office today at 1-318-388-4400 or send us an email through our online contact form.