Oh the excitement in your family’s eyes when they finally open the gift they’ve been begging for all year! It is better than any other gift that you could receive. Too bad the product malfunctioned before it even got to be used! Bummer.
Despite it being the holidays, if this happens to you this season (or any time of the year for that matter), it’s time to come to Andry Law Group and let us spread some holiday cheer with you as we tackle a product liability claim together. Our personal injury lawyers are looking out for you this season, a time of year that gifts can be pushed through the manufacturing process to hit the shelves for the elves. If a product you purchased causes harm or damage to you, your home, or a loved one, you deserve to be properly compensated from the manufacturing company.
Product Liability Claims in New Orleans
The laws of product liability are governed by the State of Louisiana under the Louisiana Products Liability Act. This Act states the product manufacturers can be held accountable for a dangerous or defective product even if they did not know it would cause such danger when it left the manufacturer’s hands. It comes down to whether the consumer or seller acted negligibly or if the product truly malfunctioned because of the manufacturer. Negligence by the consumer or seller can include not using the product by the manufacturer’s instructions or modifying or changing the product. If these actions occur, the manufacturer is no longer at fault for the damages that happened because of the product being in the wrong hands or changed altogether.
This Act does not cover, however, a reasonably bad product. A product that breaks quickly because it is made cheaply does not qualify as a worthy cause of a product liability claim. It must be a defect that causes unreasonable damage, more so than the product is intended if it is of that nature.
A person may file a product liability claim against a manufacturer if:
- The product caused damage to property or personal injury.
- The product was dangerously constructed, or features a dangerous design or makeup.
- The product did not contain a proper warning for its dangerous capabilities.
- The product was damaged before it left the manufacturer’s control, or if it was altered, it must be within reasonable limits (i.e. assembling the product as intended).
Should the situation present itself and you find the aforementioned qualities are met, you may ask for compensation on these damages:
- Wrongful death
- Medical bills
- Pain and suffering
- Emotional suffering
- Lost wages
We hope this season does not bring a product liability claim on your behalf, but if you find yourself facing a problem with a product you’ve purchased, you can count on the personal injury lawyers at Andry Law Group. We are a trusted group of individuals who want to help keep your holidays as happy and festive as possible.
Fill out the form below for a free initial consultation to see if your product problem is worth pursuing a legal claim.