Every day, all across America, we buy and sell products that make our lives easier and more enjoyable. We naturally expect that these products are safe and work as anticipated. Most of the time, the manufacturer tests a product properly, and it performs its intended purpose without fault.
Unfortunately, in some cases, a product manufacturer may skimp out on testing or purposefully release a product that it knows in advance may be dangerous. In cases like this, a New Orleans defective product lawyer may be able to help you receive a settlement you may be entitled to for your pain, suffering, and medical bills that the malfunctioning product caused.
Contact the team from the Morris Bart law firm today at (504) 613-4771 for a free defective product case review. Our team members may be able to help clients in New Orleans—or elsewhere across Louisiana—who have been the victim of a dangerous product that resulted in injuries.
Cases We Are Currently Handling:
- Allergan Breast Implant
- 3M Combat Arms Earplugs
- Mesothelioma & Asbestos
- Talcum Powder & Ovarian Cancer
- Paragard IUD
- Paraquat
- Roundup
- NEC Baby Formula
- Hair Straightener & Uterine Cancer
- Ezricare Eyedrops & Infection
- Aqueous Film-Forming Foam (AFFF)
Past Cases We’ve Handled:
- Benzene Exposure
- Wright Profemur Hip Implant
- Takata Airbag Recall
- Transvaginal Mesh
- Chinese Drywall
- BP Gulf Oil Spill
- GM Recall
- da Vinci Robotic Surgery
- DePuy Hip Recall
- Mirena IUD
- Hernia Mesh
- Philips CPAP
Recalls of Defective Products
If a manufacturer releases a product, it must undergo certain testing and certification procedures required by the Consumer Product Safety Commission (CPSC). These tests are designed to catch any design or manufacturing flaws that may cause the product to malfunction or not behave as expected.
With some products, the CPSC oversees this testing procedure. In some cases, such as cosmetics, the U.S. Food & Drug Administration (FDA) will oversee the testing process.
Occasionally, these tests may not catch a manufacturing error until the product is in wide circulation. Once multiple people are using the product the error may become more apparent, but not until it potentially causes harm for several people. At this point, the CPSC may choose to issue a recall for a defective and dangerous product.
Issuing a Recall
Once a recall is issued, consumers may receive a notification from the manufacturer, may see the recall reported on the news, or may be able to find the recall on the CPSC website.
For some recalls, the consumer may be asked to return the product to the place of purchase for a refund. The consumer may receive a replacement part that they can install to fix the problem. It is also possible that the consumer may be required to take the product to an authorized repair center so that a trained technician is able to fix or prevent the problem, which is a common occurrence with motor vehicles.
If you fail to fix a problem for which a recall has been issued, and you later suffer an injury because of that problem, you may lose your ability to file a lawsuit. Always follow the instructions you have received regarding a recall if you are notified that it applies to a product relevant to you.
Proving Negligence
To strengthen a personal injury case involving a dangerous and defective product, it may help if a New Orleans defective product lawyer can show that the manufacturer behaved in a negligent manner. This may mean the product manufacturer either did not know or should have known about the flaw that caused your injuries.
At the Morris Bart law firm, our team may be able to help defend your right to receive the compensation you may be entitled to for your injuries. Contact us today at (504) 613-4771 to discuss your case.
For a free legal consultation with a Defective Product lawyer serving New Orleans, call 800-537-8185
Types of Products that May Be Recalled
Almost any type of product can be found to be dangerous because of a design or manufacturing error. Some common products that may be recalled include:
● Children’s toys
● Motor vehicles
● Cosmetics
● Protective equipment
● Power tools
● Food
Keep in mind that a dangerous product may not be recalled before you suffer an injury. As long as you can show that the dangerous product caused your injuries, you may have the ability to bring a lawsuit.
Who Is Potentially Liable for the Injuries You Suffered?
If you use a product that has a defect and results in injuries, you may assume that the product owner is the entity that may be named as part of your lawsuit.
However, there are other entities that also may be liable for the injuries you have suffered, including:
● Product designer: where the entity that designed the product made a mistake, leading to a significant flaw that could have been prevented.
● Product manufacturer or assembler: where a mistake in the manufacturing or assembly line may lead to a dangerous flaw in the product, potentially causing it to fail when placed under pressure.
● Product seller: where the entity that sold you the product made false claims about the product’s abilities or potential use cases, causing you to improperly use the device, which led to your injuries.
● Instructions provided: where the instructions included with the product contained an error, causing the consumer to assemble or use the product improperly, leading to a potential injury.
Finding the Liable Parties
Because so many different entities may be part of a defective product lawsuit, it can be difficult to understand exactly how to proceed in this type of case. You may receive a settlement offer from an insurance company from just one party when two or more parties may be held liable.
This is where a New Orleans defective product lawyer can help move the process along and provide advice. Before agreeing to any settlement, you should consider exploring all possibilities, including understanding how many parties may be liable.
You Don’t Have to Tackle This Situation Alone
If you hire a New Orleans defective product lawyer, you should have an advocate against the insurance company for the product manufacturer or seller. You may feel overwhelmed if you are trying to deal with an insurance company on your own—and that is where we can help.
At the Morris Bart law firm, we understand how companies often try to handle victims of dangerous products. We can use this knowledge and experience to counteract some of the techniques that insurers will likely use, allowing us to present the facts in your case in the most accurate manner possible. This may give us the best chance of delivering a favorable judgment in a personal injury case.
Call (504) 613-4771 today for a free review of your case. We work on a contingency fee basis—so if you hire us, you do not have to pay for our services unless the case reaches a favorable conclusion.
Faulty medical devices or defective products can sometimes cause serious complications, injury, or even death.
The companies that produce these products have a legal responsibility to inform consumers of potential risks. People who have been injured due to the negligence of a manufacturer have a right to seek compensation. Our Mass Tort attorneys have years of experience handling these types of cases.
Cases We Are Currently Handling:
Past Cases We’ve Handled:
- Roundup
- Takata Airbag Recall
- Transvaginal Mesh
- Chinese Drywall
- BP Gulf Oil Spill
- GM Recall
- da Vinci Robotic Surgery
- DePuy Hip Recall
- Mirena IUD
Questions?Call 800-537-8185
to find a Morris Bart office near you.
