You hear about them on the news, and see warning posts about them on social media all the time; products being recalled because they’re defective and dangerous, and have injured (and unfortunately sometimes even resulted in the deaths of) some of their users. In fact, every year defective and dangerous products injure Baton Rouge residents, sometimes resulting in costly medical bills or even permanent disability.
Unfortunately, big business and insurance companies have fought hard to limit the rights of innocent Baton Rouge and other Louisiana consumers like you that have been injured because of a defective product. Louisiana product liability law outlines a series of rules that determine who is responsible for a dangerous or defective product and how consumers like you can recover damages. A Baton Rouge personal injury attorney like myself can help you navigate the difficult process of interpreting Louisiana product liability law, and fighting the manufacturers, distributors and sellers of products that cause injuries.
If you’re ever injured by using a product as directed, you should immediately seek medical attention. Make sure that when you are at the emergency room or doctor’s office that you have the doctor record that you were injured while using the product. Be specific about the product name and model type, if known. You’ll need this information documented in your medical records to fight the manufacturer, distributor and seller of the product, all of whom will hire high-powered corporate attorneys to try to convince a jury that it was your fault that you were injured. Ask the doctor to take pictures of your injuries to put in your medical file, and if he or she doesn’t, immediately take pictures yourself, preferably with a date and time stamp on the image.
One of the key elements of proving that a product was liable for your injury is that you were using the product as directed or marketed, or as a reasonable person would use such a product. And if a product injures you, you should immediately discontinue its use. Continuing to use a product after it injures you might signal to a jury that you don’t really think the product was the cause of the injury, you were using the product not as directed or in an irresponsible way, or might leave some other doubt in the jurors’ minds that the product is not defective. But, never throw the product away. It will most likely be used as evidence in your case to show how certain elements of it – whether it be sharp edges or defective pieces that fell off – caused your injury.
If you’re injured by a product your first call should be to a Baton Rouge personal injury attorney like myself. Never call a product manufacturer or store and tell them that a product they sold you injured you. They might try to trick you into signing paperwork that relieves them of responsibility or record your phone call in attempts to catch you saying contradicting statements – all to protect themselves from having to pay for your medical bills and compensate you for your pain, suffering and other losses.
A personal injury attorney like myself knows how to document product liability and identify which party in the product distribution chain was responsible for your injury – whether it be the manufacturer who developed a bad product design, a supplier who provided a faulty part, or a retail store who mis-marketed a product and its intended use.