The Truth About Product Liability Claims

The Truth About Product Liability Claims
July 16, 2024

Product liability claims can arise when defective or dangerous products cause harm to consumers. These claims are often complicated and require expert legal guidance. At Averill & Reaney, we understand the ins and outs of product liability law and are here to shed light on the truth behind these claims.

Understanding Products Liability Claims:

Types of Defects: Products liability claims typically involve four types of defects:

  • Design Defects: Flaws in the product's design that make it unsafe.
  • Manufacturing Defects: Errors that occur during the manufacturing process, leading to the manufacturing of a product that can cause injury.
  • Marketing Defects:  Labeling, instructions, or warnings that fail to adequately inform consumers of potential risks when using a product.
  • Warranty Not Met:  The manufacturing of products that do not meet or satisfy the terms of the product manufacturer’s warranty.

Strict Liability: In products liability cases, strict liability applies, meaning that the manufacturer or seller of a defective product can be held liable for injuries caused by defects in those products, regardless of fault or negligence.

Statute of Limitations: It's important to note that product liability claims are subject to a statute of limitations, which varies by state. In Louisiana, the statute of limitations for product liability claims is one year from the date of injury.

Hidden Dangers in Product Liability Claims:

Complex Legal Process: Products liability claims often involve complex legal and technical issues, making them challenging to litigate without experienced legal assistance.

Deep-Pocket Defendants: Manufacturers and corporations have substantial resources to defend against product liability claims, making it essential for plaintiffs to have strong legal representation.

Burden of Proof: Plaintiffs in product liability cases bear the burden of proving that the product was defective and that the defect caused their injuries. This requires thorough investigation and supporting evidence.

Averill & Reaney Can Help:

At Averill & Reaney, our extensive experience in handling product liability claims enables us to offer the guidance and support necessary for you to pursue justice and compensation for your injuries. We will conduct thorough investigations into your claim, handle all legal proceedings on your behalf, and work tirelessly to maximize your compensation for medical expenses, lost wages, pain and suffering, and other damages resulting from a defective product. With our dedicated team by your side, you can hold manufacturers accountable for their dangerous products. Don't hesitate to contact us today for a consultation!