If you suffered an injury due to using a defective product, you may be entitled to pursue compensation against the product’s manufacturer, seller or designer. However, product liability claims can be complex and often require detailed proof that the product was defective in order to build a strong case.
To determine if you may have a case, an experienced defective product lawyer in Baton Rouge can thoroughly investigate the product to find these common elements of a defective product. If you believe you have a case against a negligent manufacturer, contact an attorney from our firm to schedule a free, no obligation consultation.
Below are several factors we look for when reviewing defective product claims:
You Suffered an Injury
First, we will need to determine if you suffered an injury as a result of using a defective product. However, we will need to provide evidence that clearly shows your injury could not have occurred in any other way.
This may require us to obtain your medical records showing the physical harm you suffered by using the product. If an injury almost happened while using a product but did not, there is no case. Potentially dangerous or fatal defects are not cause for a product liability claim unless an injury or death actually occurred.
The Product is Defective
Next, you must prove that the product is defective. Product liability claims can involve the following types of defects:
- Manufacturing Defects: Manufacturing defects are product flaws that occur during the product’s manufacture or assembly, making the product unreasonably dangerous to use. Manufacturing defects occur when the product is not made according to its design. They can be caused by defective manufacturing equipment or materials, or improper assembly of the product’s components.
- Design Defects: Design defects are those concerning the product’s design, making the product inherently dangerous. While the product was manufactured according to the design specifications, the design of the product makes it inherently dangerous.
- Failure to Warn: Manufacturers, sellers or designers must adequately warn consumers about the defective dangers associated with the product. If the product does not come with reasonably adequate instructions or advertise clear warnings about the product’s capacity to cause injury, you may have a case.
Your Injury Resulted from the Product’s Defect
It must be proven that the source of your injury was the product’s defect and not some other cause. You must demonstrate that your use of the product led to your injury.
It is important to receive medical treatment after your injury, not only for your health and recovery, but to document your injury and its cause. Your physician will make notes in your medical records stating his or her opinion that the injury appears to be caused by use of the product.
You Used the Product as it Was Intended
You must have been using the product as it was intended to be used when you suffered an injury. This will show that the product was inherently dangerous and that you were not warned that it could cause an injury.
However, if you were using the product in a way the manufacturer did not intend, or used the product in a way that knowingly put you at risk of suffering an injury, you may not have a claim against the product’s manufacturer.
Contact Simien & Simien for a Free Consultation
Product liability claims are complicated and often require proof that you suffered an injury due to a defect. It may be in your best interest to contact a qualified personal injury lawyer in Baton Rouge to represent your claim.
At Simien & Simien, we believe that manufacturers have an obligation to produce safe and reliable products that avoid causing harm or posing unnecessary risk to consumers. We will provide you with a free, no obligation consultation to help you determine if you have a case after being injured by a potentially defective product.
We provide all of our services on a contingency fee basis and only charge clients if we recover compensation for a claim. Contact us today to find out if you have legal options to pursue compensation.