Products Liability

It seems like there’s always a new recall to watch out for, which makes it hard to keep up with product defects. Sometimes consumers receive a notice in the mail. Sometimes a news article or program will mention a potentially dangerous product. Recalls that appear on social media can be particularly confusing, as lists can circulate for months or even years, making it even more difficult to decipher what’s current in the world of product defects. Product safety is clearly an important issue for consumers. Thousands of Americans are hurt or killed by defective products each year, which is why there is a specific area of the law called “products liability” devoted to holding manufacturers and sellers responsible.

Alexandria defective product attorney Chris J. Roy, Jr. knows what to look for and how to craft an effective case to secure maximum compensation for those hurt by dangerous or defective objects. A trusted advocate with nearly three decades of experience, Chris offers skilled representation to victims of negligence from across the state. He handles claims from anywhere in Louisiana with a concentration in Alexandria, Pineville, Rapides Parish, and Grant Parish. For a free consultation to find out your options, contact LA products liability lawyer Chris J. Roy, Jr. by calling 1-318-987-8170 or filling out a case evaluation form.

If a customer is injured while using a product, he or she is entitled to financial compensation when evidence strongly suggests that the product was either defective or inherently dangerous under intended use. Products liability claims often affect not only the manufacturer, but everyone who had a hand in the product’s development and/or modifications. It’s their responsibility to ensure the safety of their products so that hazardous items don’t end up on store shelves or in online shopping carts. However, some goods do not develop issues until after they are on the market.

Once a widespread problem is identified, a recall will likely be issued. Sometimes, the company itself proactively issues the recall, but often it’s the Food and Drug Administration (FDA) that prompts the removal or repair of harmful products. Almost every product is potentially harmful if used incorrectly, which is why it’s also mandatory that products come with directions, warnings, or other appropriate labels.
Here are six product types that are commonly recalled:

  • Vehicles and vehicle parts
  • Children’s products
  • Medical devices
  • Household appliances
  • Contaminated food
  • Industrial equipment and machinery.

Products liability is largely governed by state law. Since 1988, the Louisiana Products Liability Act (LPLA) has been the exclusive legal remedy in Louisiana against manufacturers when their defective goods harm or kill users. Under the LPLA, “manufacturing” is expansively defined as “producing, making, fabricating, constructing, designing, remanufacturing, reconditioning or refurbishing.” Liable manufacturers also include any person or entity that labels a product as their own, any seller that controls or influences a characteristic of the product’s design, construction or quality, and anyone who incorporates a component manufactured by another into the final product.

Under the LPLA’s theory of strict liability, the plaintiff is responsible for proving that an “unreasonably dangerous” characteristic proximately caused the injury, and that the damage stems from a reasonably anticipated use of the product. The statute recognizes four ways that a characteristic can make a product so unreasonably dangerous that a lawsuit can be brought. A product can be unreasonably dangerous: (1) in construction or composition; (2) in design; (3) because an adequate warning about the product has not been provided; or (4) because it does not conform to an express warranty made by the manufacturer about the product.

While the LPLA serves as the primary basis for many Louisiana products liability actions, there are other ways claims can be brought, including under the New Home Warranty Act and for breach of an implied warranty of fitness (redhibition).

If you or someone you care about has been injured by an unreasonably dangerous product, you have the right to seek financial compensation for medical expenses, lost income due to time away from work, impaired earning capacity for future work, and emotional distress. Central Louisiana products liability lawyer Chris J. Roy Jr., founder of the Chris J. Roy, Jr. Law Firm, seeks to ease the financial, mental, and physical burden that the litigation process can add by consistently communicating with you, as well as handling the complicated details so you can focus on what’s important. While the firm is large enough to supply the necessary resources to handle any type of personal injury, it is also small enough to provide the individual attention that your case deserves. An experienced litigator, he takes pride in helping victims of negligence throughout Louisiana. For help with your legal claim, contact the firm today for a free initial consultation by calling 1-318-987-8170 or filling out this online form.

Third generation attorney serving Central Louisiana for 30 years. Let our experience help you.