Who Can Bring a Products Liability Lawsuit?
Posted on Feb 12, 2021 in Products Liability
When a consumer is injured by a product proven to be defective, that consumer is entitled to bring a products liability lawsuit and recover damages for the injuries they’ve incurred. Products liability laws help establish who is at fault when these accidents occur. Either the manufacturer, a parts supplier or a distributor is often to blame. The laws also establish when an injured party will have a valid claim. If you have recently been injured by a defective product and believe you may have a case, you should contact an experienced New Orleans products liability lawyer. Your lawyer can advise how you can move forward with your case.
Do You Have a Valid Products Liability Claim?
Being injured by a defective product is only one piece of the puzzle in a products liability lawsuit. Aside from being able to show that the product injured you and that it was defective, you will have to prove that:
- The product was readily available in the marketplace
- The seller or manufacturer was obligated to meet the ordinary expectations of consumers
- The product does in fact contain either a design or manufacturing defect
- The defect caused that product to become unreasonably dangerous
- It could have been predicted that an injury would occur because of the defect
When each of these elements can be proven, a products liability claim can be brought by the person who was injured.
Understanding Negligence and Strict Liability in Products Liability Cases
To win a products liability lawsuit, you will also have to prove that the defendant was either negligent or should be held strictly liable. Negligence can be established when it’s shown that a manufacturer or distributor had a duty to sell a product that was not defective and that they failed to meet that standard of care.
Proving negligence can often be a complicated legal process, which is why plaintiffs can also seek damages under a claim of strict liability. If you’re arguing strict liability, you must be able to prove that the manufacturer sold you the product; the product was used in the way that it was intended; the product did not substantially change in condition from when it was sold to you; and a defect in the product directly caused your injury.
However, there are defenses to strict liability suits that can make winning a bit more challenging. For example, the defendant can claim that there is a reasonable expectation of danger in the product or that the product was misused, and therefore they cannot be held liable. Usually, including warnings on products will be enough to get manufacturers off the hook for any accidents that may have occurred. Still, our New Orleans products liability lawyer will advise you regarding the best course of action in your specific case.
Contact a New Orleans Products Liability Lawyer If You Have Been Injured By a Defective Product
If you’ve been injured by a product you purchased and are unsure whether you have a case, you should contact a New Orleans products liability lawyer to discuss your claim. They can help you chart a path forward and ensure you are appropriately compensated for your injuries.