The existence of a safer version of a dangerous product can help when pursuing a lawsuit. When a dangerous product injures someone, there are several different grounds that a New Orleans personal injury attorney may explore in regard to bringing a lawsuit. One of these is whether the product was unreasonably dangerous in its design. When pursuing this claim, Louisiana law sets forth several specific facts that the plaintiff must prove.
First, the plaintiff must prove that at the time it was manufactured, there was an alternative design for the product in existence that would have prevented the injury. If the safer design is a newer development, however, it will not support a claim that a product is unreasonably dangerous in its design. A safer version must have existed when the product that caused the injury was manufactured.
Second, the plaintiff must prove that the likelihood of the product causing injury – and the severity of that injury – outweighed the burden that would have been placed upon the manufacturer if it had used the alternative design. When considering this second element, the judge and jury are required to weigh the potential risk for serious personal injury against the cost of taking steps to avoid it. In some cases, opinions may vary widely regarding how far a manufacturer is required to go to avoid potential injury from their product.
If you have been injured by a poorly designed product and have any questions regarding your rights, please feel free to call my office at 504-581-6411 or 855-GERTLER.