What are the basics of a product liability claim?

On Behalf of | Mar 31, 2022 | products liability |

Under the Louisiana Products Liability Act, you can file a claim against anyone involved in the chain of production for a defective product. It’s important to pinpoint where in the consumer supply chain the error occurred so that you can sue the guilty party because different departments often support other functions. 

You also have to establish the connection between the product’s designer, manufacturer, distributor or reseller and your injuries and losses. Here’s the burden of proof you need to meet for you to file a product liability claim:

You’ve suffered some loss

You have to prove that the defective product was the direct cause of any injuries suffered, financial loss or even death. Therefore, even if a product is faulty, without any actual harm or damage, you have no grounds for a claim. 

The product is defective

This has to fall under one of the four categories of product liability claims (defective design, defective manufacturing, inadequate warnings of danger or the product is simply unreasonably dangerous).

The defect is the direct cause of your injury

You have to prove that the product’s defect caused your harm. For example, if your pressure cooker explodes because you forgot to tighten the lid, that’s not the same as a pressure cooker that explodes because the lid was poorly designed.

Your use of the product was reasonable

For instance, if you’re speeding and get into an accident with a car that tends to flip over when turning corners, it’s harder to prove that it was the defect and not your reckless driving that caused the accident. For your claim to be valid, you must have been using the product according to the manufacturer’s directions or within a reasonable expectation of its use.

Whether you suffered an injury to your person or property, manufacturers should be held accountable for their products to protect future users and inspire vigilance.