How Personal Injury Law Firms Handle Product Liability Cases

by | Apr 28, 2017 | Lawyers

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In Louisiana, a product liability is identified when a consumer sustains injuries over the course of using a product. The origin of these injuries is typically a flaw in the original product design or an error created during assembly. The details below explain how personal injury law firms handles these cases.

Document the Victim’s Injuries

The claim requires extensive documentation of the victim’s injuries. The documentation requirements are typically met through the acquisition of the consumer’s medical records. The records provide an explanation about how the injuries were produced. They must also provide information about all treatment that is required for the consumer. This should include a prognosis if the injuries are permanent or present a disability.

Testing the Product for Flaws and Risks

The product used by the consumer is submitted for testing. Forensic analysts use it to create a variety of probabilities that could produce injuries. The purpose of the tests is to show the steps followed by the consumer could create the injuries they sustained. The tests are repeated to show that these injuries are possible for all consumers who use the product in the same manner.

Examine All Packaging for the Product

Products that could present certain risks to consumers must have warning labels. The labels and all packaging must present the consumers with thorough instructions for using the product. They must identify possible reactions or risks. They must also provide the steps to follow in case these reactions or injuries occur.

File a Report with the Consumer Rights Protection Agency

The Consumer Rights Protection Agency assesses products to determine if they present risks for consumers. Any product that presents a serious risk to consumers is recalled. The recall may require refunds to consumers or correction for defective parts. It may also require the manufacturer to provide a monetary award to all consumers who were injured.

In Louisiana, consumers retain their right to file claims when they sustain injuries. Manufacturers are held accountable when they fail to sell safe products and don’t warn consumers of possible risks.