How to File a Product Liability Case in New Orleans

While finding out how to file a product liability case in New Orleans is relatively simple, it can be anything but straightforward to find the right lawyer to represent you.

However, the professionals with Irpino, Avin & Hawkins have a long track record of success in helping clients who have suffered harm due to a defective product. Here’s an explanation of what this type of case typically entails as well as some recent examples of product liability litigation.

What Is Product Liability in New Orleans?

A product liability case occurs when someone suffers harm due to a defective product. It could be due to a design defect that was later built into the product, or when the original design was modified in some way. An injury can also occur from a manufacturing defect. For example, if a company builds a stove but doesn’t use the right screws in the door, and that door comes off and breaks a person’s foot, that is a manufacturing defect.

But a product liability in New Orleans could also involve a defect in marketing — specifically, a failure to warn customers of potential dangers. A product could be designed and manufactured correctly, but the company making a product could fail to provide enough information on how to safely use the product. Or the company could have misled the public regarding the benefits of a product. If a person becomes sick after using a nutritional supplement because the labeling didn’t correctly state the proper dosage, that person could file a product liability lawsuit for a marketing defect.

How to File a Product Liability Case in New Orleans

You must first talk to a New Orleans product liability lawyer before trying to file this type of lawsuit. A skilled attorney will have the experience and knowledge needed to provide you with the best chance of obtaining compensation for the suffering you have been forced to endure.

It’s important to note that a product liability case is different from other kinds of personal injury litigation. Plaintiffs are not required to prove negligence — they only need to prove that they were injured and that the product was defective in some way. The majority of the burden of proof falls on the defendant, who has to make the argument that its product was not defective.

In some instances, a New Orleans product liability lawyer will conduct independent tests on a product to prove it is defective. These tests may compare the allegedly defective item with identical products. An attorney may also subpoena any internal company documents related to the defect as well as the product’s blueprints.

Examples of Product Liability Cases

Here are a few examples of product liability cases that were filed in 2016:

• General Motors settled a product liability lawsuit filed by a woman who lost her husband in an automobile accident she claims was caused by an ignition switch defect in the Saturn he was driving. She claims the defect caused the car’s airbags to fail to deploy. Attorneys found information that revealed GM knew that the ignition switch in some vehicle models had a tendency to slip out of position.
• Johnson & Johnson lost more than $100 million in verdicts to plaintiffs who claimed they or a family member developed ovarian cancer after using Johnson & Johnson’s Baby Powder. For several decades, many women have used the product for feminine hygiene. Plaintiffs claim the company not only sold a dangerous product, but also knew about those dangers and hid the information from the public.
• Johnson & Johnson was hit with an astounding verdict of nearly $500 million in a separate case involving a hip prosthetic manufactured by J&J subsidiary DePuy Orthopedics. Plaintiffs successfully claimed that their hip implants caused severe health problems, including tissue inflammation, erosion of bone and a toxic condition known as metallosis, where metal debris enters the bloodstream. A Dallas jury awarded the plaintiffs $360 million in punitive damages.

Talk to a New Orleans product liability lawyer with Irpino, Avin & Hawkins if you would like to know more about how we may be able to help you. Call 800-7500-LAW or contact us online for more information.