If you suffer a personal injury as the result of a defective product, you may bring a lawsuit to recover damages. Before doing so, however, you should consult with an experienced New Orleans personal injury attorney to determine the merits of your case.
Personal injury lawsuits involving defective products are called “product liability” cases. To recover damages in such cases, it is not enough that you were injured while using the product. You also must establish that the product was defective in at least one of four ways: (1) unreasonably dangerous in construction or composition, (2) unreasonably dangerous in design, (3) inadequate warning, or (4) breach of manufacturer’s express warranty. If the defect in the product is present, the injured party is further required to prove that the complained-of defect in the product was the cause of the injury.
When a large number of individuals are injured by manufactured products that all display the same defect, a product liability case may be brought in the form of class action lawsuits. Class action lawsuits seek compensation for a large number of people injured by the same defective product.
If you have been injured by a defective product and wish to determine if it fits within one of the four categories mentioned above, you should consult an experienced personal injury attorney. If you have any questions, please speak with a New Orleans Product Liability Attorney at our office by calling 504-581-6411 or 855-GERTLER.