New Orleans Product Liability lawyers typically examine whether a product that caused an injury was properly manufactured. Part of that examination may include an investigation into whether the item was made in compliance with the relevant industry and government standards. People injured by defective products may be eligible to file a product liability lawsuit.
While a failure on the part of a manufacturer to comply with the accepted standards is helpful in pursuing a product liability lawsuit, noncompliance with industry or government standards is not determinative on the issue of liability. Instead, for a manufacturer to be held liable for an injury, Louisiana law requires proof that the injury was proximately caused by a characteristic of the product that rendered the product unreasonably dangerous. It also requires that the damage arose from a reasonably anticipated use of the product.
Proof of failure to comply with industry or government standards is, however, admissible as evidence on the issue of whether the manufacturer should be held liable for their defective product. Such evidence can prove especially helpful when the particular standard, not adhered to by the manufacturer, is directly tied to that aspect of the product that caused the plaintiff’s injury. In cases where the manufacturer did comply with industry or government standards, they may present proof of compliance as evidence supporting the position that they should not be found liable. This proof also is not determinative on the issue of liability, but is merely a factor that the jury may consider when reaching a decision.
If you have been injured by a dangerous product, we would be happy to help you. Please feel free to call us at 504-581-6411 or 855-GERTLER with any questions.