Louisiana & Texas Defective Product Lawyers
As consumers, we count on companies to produce quality products we can depend on, and to ensure that the products we use every day are safe. When products break or have unexpected negative effects resulting in injury, we are then sometimes the victims of personal injury.
In a five-year study released by the United States Consumer Product Safety Commission, it was reported that 180 people died and 42,700 people went to the emergency room as a result of injuries sustained by unstable household items.
These startling statistics reflect only a small portion of accidents that occur because of product instability, with many more cases arising from design and manufacturing problems.
Defective Medical Devices
The attorneys Simien & Simien are currently investigating potential lawsuits on behalf of patients who were injured by the following medical devices:
- Stryker Hip Implant
- Smith & Nephew Hip Liner
- Wright Conserve Hip Implant
- DePuy Hip Implant Recall
- DePuy Pinnacle Problems
- Biomet Hip Implant Lawsuits
If you or a loved one has been injured by a defective product, you should consider contacting the defective product liability lawyers at Simien & Simien. We provide dependable legal counsel to injury victims and their families and can help you determine what to do next. For your free case evaluation, please fill out the confidential "Free Case Review" form to the right or call us toll free at 1-800-374-8422.
Products Commonly Reported as Defective
From a business standpoint, it makes sense to lessen your expenses. However, when a company cuts too many corners, the results can be disastrous. The products in some industries have proven more likely to have defects.
Some of these products include (but are not limited to):
- Talc/Talcum Powder
- baby products and items (foods, bedding, toys, clothing)
- upholstered furniture
- cleaning products
- building materials like insulation and Chinese drywall
- household & commercial appliances
- vehicle parts and tires
- beauty products
- sports equipment
- prescription drugs and over the counter medicines
- medical devices like pacemakers and artificial hips
.... just to name a few.
You have a right to expect that the products you buy for your family will function safely. When ordinary products are not made properly and lead to serious or fatal injuries, legal action might be necessary in order to hold the maker responsible and to recover recourse for damages the product caused.
Types of Product Defects
While there are defective products in nearly every category, there are three leading types of defects that the law uses to determine whether a company or distributor should be held liable for the consumer’s injuries. If you have suffered because of a product you used, you could have a defective product liability claim. Though there are a wide range of defective product claims, the claims usually belong to one of three main categories:
- Manufacturing defects – The most straightforward type of product liability claim is when the product that caused the injury was defectively manufactured. A defectively manufactured product is faulty because of an error in making it, such as a problem with machinery at the factory where it was made or sub-par textiles that were used to assemble the product. As a result of the manufacturing defect, the injury-causing product is different from all of the other products offered to the public.
- Advertising defects- This type of product liability claim occurs after a company has failed to provide adequate warnings or instructions on how to properly use and/or care for a product. Failure-to-warn claims usually involve a product that is hazardous in some way that's not clear to the user when they first make the purchase, or that requires the user to exercise special precautions that are not clearly noted on the product.
- Design defects- Design defects occur when the design of a product is fundamentally dangerous or defective. Defective design claims do not arise from an error in the manufacturing process, but rather claim that an entire line of products is dangerous, regardless of the fact that the product was well made.
Product liability cases can be very complicated and most manufacturing companies hire a test of insurance defense attorneys. To have an effective claim, your attorney must show not only that the product was defective, but that the defect caused your injury.
FAQs Related to Defective Product Liability Law
Q: What is Product Liability Law?
A: Product Liability is the law that applies bodily injury or property damage occurs as a result of a defect in a product. The Louisiana Products Liability Act is the statute that outlines product liability law in Louisiana.
Q: Who regulates products that are allowed to go to market?
A: Both the Food and Drug Administration (FDA) and the Consumer Product Safety Commission (CPSC) were put in place to protect consumers from defective or unsafe products. These agencies test products for problems and defects that potentially harm consumers. The Federal and State Governments have put many laws in place in an effort to protect consumers. When products are recalled it is because they have been found by the FDA or CPSC to pose a risk to user or the general public.
Q: What types of defects may allow me to assert a product liability claim?
A: In Louisiana, a product may be defective if it is unreasonably dangerous in manufacturer or construction, design, inadequate warning, and/or breach of an express warranty.
Q: How much is my claim potentially worth?
A: There is not standard amount of money that a defective product case is worth. Your attorney can help evaluate your injuries and expenses. You may be eligible for compensation for medical bills resulting from the defective product, lost wages for time out of work, out-of-pocket expenses related to your injuries, pain and mental suffering and permanent disability.
Q: What should I do with the defective product?
A: It is important to preserve the defective product just as it was when it caused the damage so that a determination can be made on whether it is defective or not and what caused the defects. Taking the product apart, attempting to repair it or throwing the product away could seriously damage your product liability claim. Of course, do not continue using a defective product. Remove the product from use until a decision regarding your claim has been made.
Contact our Product Liability Attorneys Today
Simien & Simien fights for the injured, not the big corporations. Our attorneys have the skill and resources to fight for your rights.
By employing the services of an experienced attorney you increase the chances of receiving the largest benefit amount that you may be entitled to. Simien & Simien has successfully prosecuted cases where our client recovered multiple million dollar settlements. Our team of lawyers will work to help guide you through difficulties that could arise during a defective product liability lawsuit.
Our firm has attorneys that are licensed in both Louisiana and Texas to provide person injury services in those states. The firm, with appropriate local counsel, also provides representation in other states as well. Some of the places in which our firm has represented clients in Louisiana and Texas include:
- Baton Rouge
- Lake Charles
- New Orleans
- Port Allen
- All Other Areas throughout Louisiana
- All Other Areas throughout East Texas
To find out how we could help you, simply fill out the 100% FREE and strictly confidential “Case Evaluation” form at the top of the page or call us Toll Free at 1-800-374-8422. We have intake staff ready to take your call and after some brief, initial questions about the nature of your inquiry, you will be quickly connected to one of our highly skilled lawyers.