New Orleans Product Liability Lawyer

New Orleans Product Liability Attorney

When manufacturers design products, it is often with a specific purpose in mind. For example, pharmaceutical companies manufacture prescription drugs to treat illnesses. In most cases, these products do their jobs. However, for one reason or another, some are defective and lead to injuries or, in extreme cases, death. Reach out to a New Orleans product liability lawyer.

Product liability cases involve products that have proven to be unreasonably dangerous when someone uses them as instructed for their intended purposes. These products can range from prescription drugs and medical devices to automobile parts like airbags. Either way, defective products pose dangerous and potentially fatal risks.

In most product liability cases, you go up against large companies with vast resources and seasoned legal counsel. For many, going up against these organizations can be daunting. Many attorneys do not possess the legal prowess or the experience with product liability claims to go up against these companies.

At Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C., our personal injury attorneys possess the skills necessary to pursue your product liability claims. Our team has the legal knowledge and trial experience to effectively litigate against an opponent’s resources.

What is a Defective Product?

A defective product is a product that has a design defect, manufacturing defect, or marketing defect. For design defects, the design of a product has a defect that makes the product dangerous to use as intended. For manufacturing defects, the product was designed correctly, but something went wrong during the manufacturing process that made the product dangerous. Marketing defects usually involve a product manufacturer’s failure to adequately warn consumers of the dangers associated with the use of their products or adequately instruct consumers on how to use their products safely.

Our team of attorneys will work diligently to investigate your claim to accurately find where the defect occurred in production and distribution.

Types Of Defective Products

Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C. handles product liability cases involving medical devices, prescription drugs, household items, and more. Each case varies and carries its own share of difficulties.

Some of the most common that our law firm handles include:

Product liability claims can vary significantly. Fortunately, our product liability attorneys have years of experience handling these cases and securing compensation for the damages sustained.

Common Injuries in Product Liability Claims

Product defects can lead to serious injuries. Some of the most common are traumatic brain injuries (TBIs), burns, cuts and lacerations, broken bones, loss of limbs, choking, toxic exposure, poisoning, and sometimes even death.

According to data by the U.S. Consumer Product Safety Commission, there were over 12 million emergency room visits resulting from consumer products in 2022. If you’ve been harmed by a dangerous product, you may be entitled to compensation for your injuries.

Compensation You May Recover From a Product Liability Case

The compensation you may recover in a product liability case is often called “damages.” These typically include economic losses such as past and future medical expenses, lost wages, or property damages.

Going beyond the economic damages, state law allows for the recovery of non-economic damages. These address the more intangible impacts of an injury and include compensation for pain and suffering, mental anguish, inconvenience, loss of life enjoyment, permanent disability, or disfigurement.

The Louisiana Product Liability Act (LPLA)

Product liability claims are governed by the LPLA, a statute that establishes how a party could be held liable for damage caused by its product. The claimant must prove that the product was “unreasonably dangerous” in one of four specific ways:

• In its construction or composition, such as a manufacturing defect
• In its design
• Because of an inadequate warning, or
• Because it failed to conform to an express warranty by the manufacturer

The LPLA can be a complex statute to navigate, especially with its strict requirements and very specific elements that must be proven for each defect. The law also includes a statute of limitations for product liability claims. You generally have one year from the date you discovered or should have reasonably discovered your injury.

If you believe you may have a product liability claim, you should reach out to an experienced attorney as soon as possible. If you miss this deadline, you might forfeit your right to seek compensation, which could mean not receiving what you deserve.

Why You Should Have a Product Liability Attorney After an Injury

Bringing a product liability claim can be a challenge. Product manufacturers and designers all have substantial resources to fight back, and can make it an uphill legal battle where a single misstep could jeopardize your entire claim. That is when a product liability attorney becomes an invaluable resource for you.

Your product liability attorney can:

• Identify the liable party. There are many parties who can be held responsible for damages caused by a defective product, from the designer, manufacturer, quality control specialists, engineers, wholesalers, or even retailers. Sometimes, fault is even shared by many parties. Your attorney can investigate and identify all potential defendants.
• Gather all available evidence. Much of the evidence that is needed to support your claim, such as product blueprints or other schematics that could reveal design or manufacturing defects, is likely in the defendant’s possession. Your attorney can gather this evidence for you, even if that means filing a subpoena to obtain any withheld information.
• Avoid costly mistakes. Even if your evidence is strong, a simple mistake can harm your entire case. If you miss doctor’s appointments, fail to fill prescriptions, or disregard any medical advice, the defendant can have reason for disputes. Your attorney can help you steer clear of any errors and provide guidance so you can make informed decisions.
• Account for all potentially available damages. When you do not have legal representation for settlement calculations and negotiations, you might accept a settlement that is far less than what you deserve. An attorney can estimate a reasonable settlement amount and use negotiation strategies to fight for a fair payout on your behalf.

Why Choose Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C

When a defective or dangerous product has caused you harm, you need a law firm with the right skills and resources to fight for you. Our team is experienced in the complex product liability laws in NOLA and is dedicated to building a strong case on your behalf. If you have been injured by a defective product, give us a call and hire a New Orleans product liability lawyer.

FAQs

Q: What Should I Do if I Am Injured by a Defective Product in New Orleans?

A: If you’re injured by a defective product in New Orleans, you should seek immediate medical attention. Do not throw away the product, and be sure to document everything through pictures or videos. You should also save all receipts and packaging. Then, as soon as possible, you need to contact a product liability attorney.

Q: Who Can Be Held Liable in a Product Liability Case?

A: Under the Louisiana Product Liability Act (LPLA), multiple parties in the distribution chain can be held liable for any injuries caused by the defective product. It may be the manufacturer if there were design flaws or inadequate warnings, the retailer who sold the product, or even the assembly team or wholesaler.

Q: What Damages Can I Recover in a Product Liability Lawsuit?

A: You can recover damages for medical bills, lost wages, pain and suffering, the loss of life enjoyment, the loss of earning capacity, and property damage. The amount of damages you may be entitled to receive compensation for will depend on the specifics of your case. Consulting with a product liability attorney can help you understand what damages you may be able to recover.

Q: How Long Does a Product Liability Lawsuit Take to Resolve?

A: Each product liability lawsuit’s resolution timeline will vary, as no two are the same. While the statute of limitations for filing the claim is generally one year from the date you discovered or should have discovered the injury, the actual time the case will take to resolve depends on how complex it is, how much evidence there is, negotiations, and whether or not the case will go to trial. Some may resolve quickly, while others can take years.

Q: What Are the Types of Product Defects That Can Lead to a Lawsuit?

A: The LPLA states that there are four types of defects that can lead to a lawsuit. These are manufacturing defects, design defects, inadequate warnings of the potential dangers the product may have, or breach of express warranty, which means the product does not deliver what the manufacturer promised it would do.

Hire a New Orleans Product Liability Lawyer

If you suffered an injury due to a defective product, you may be entitled to compensation for your medical expenses, lost wages, pain and suffering, and more. You do not need to handle this on your own. Contact Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C., and schedule a consultation. Our experienced team can review your case, explain your rights, and help you understand the right course of action.