Products Liability
Unreasonably Dangerous Defective Product Claims
When a person is injured or dies due to a product defect, the
manufacturers or suppliers may be liable for providing an
unreasonably dangerous product when used as intended.
To receive compensation for a claim, the victim or his or her
survivor must prove:
The product had an unreasonably dangerous defect that
caused the injury, because of a design defect, a problem in its
manufacturing, or damage during shipping or handling, and
The unreasonably dangerous defect caused the injury or
death, although the product was used as the manufacturer
intended, and the product had not changed substantially from
its original condition.
In general, product liability claims allow a person injured by a
defective or unpredictably dangerous product to recover
compensation without proving that the manufacturer or seller
was actually negligent.
Negligence
Another form of product liability claim in Louisiana is negligence.
Negligence requires the claimant to prove four elements: a
duty by the defendant, a breach of such duty, causation in fact
of the injuries and damages. Finally, product liability claims
also can result directly from inadequate product warnings.
Products liability whether due to unreasonably dangerous
defective products or negligence may involve dangerous toys,
motor vehicles, household products, industrial or farm
equipment, aviation products, or other defective products.
Unreasonably Dangerous Defective Product Claims
When a person is injured or dies due to a product defect, the
manufacturers or suppliers may be liable for providing an
unreasonably dangerous product when used as intended.
To receive compensation for a claim, the victim or his or her
survivor must prove:
The product had an unreasonably dangerous defect that
caused the injury, because of a design defect, a problem in its
manufacturing, or damage during shipping or handling, and
The unreasonably dangerous defect caused the injury or
death, although the product was used as the manufacturer
intended, and the product had not changed substantially from
its original condition.
In general, product liability claims allow a person injured by a
defective or unpredictably dangerous product to recover
compensation without proving that the manufacturer or seller
was actually negligent.
Negligence
Another form of product liability claim in Louisiana is negligence.
Negligence requires the claimant to prove four elements: a
duty by the defendant, a breach of such duty, causation in fact
of the injuries and damages. Finally, product liability claims
also can result directly from inadequate product warnings.
Products liability whether due to unreasonably dangerous
defective products or negligence may involve dangerous toys,
motor vehicles, household products, industrial or farm
equipment, aviation products, or other defective products.
Abel A. Lopez Law Offices, L.L.C.
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| Abel A. Lopez Law Offices, LLC 5020 Utica Street Metairie, Louisiana 70006 |
Disclaimer
The information contained herein is of a general nature and is not intended
and shall not be construed as legal advise. You shall always seek the advise
of a qualified attorney-at-law for specific legal questions, or concerns.
The information contained herein is of a general nature and is not intended
and shall not be construed as legal advise. You shall always seek the advise
of a qualified attorney-at-law for specific legal questions, or concerns.