Baton Rouge Product Liability Attorneys

A product can be considered unreasonably dangerous, and therefore defective, if:

• it is dangerous in its construction or composition,
• It is dangerous in its design,
• it fails to contain an adequate warning about a danger it poses, or
• it does not conform with a warranty that the product expressly states it has.

All products are evaluated based on their condition at the time they left the factory. If the product has been modified or damaged in any way since it left the manufacturer’s control, and the modification or damage caused the accident, then you will not be able to bring a defective product claim against the manufacturer.

A product is unreasonably dangerous in its construction or composition if the product did not work right when it left the factory. Situations where this would apply include a vehicle with an electrical short or a piece of machinery with a defective weld. Any type of product that posed a danger to its user because of a manufacturing defect would be unreasonably dangerous in construction or composition.

A product is unreasonably dangerous in design if there was an alternative design that would have prevented the injury and it would not have been overly burdensome on the manufacturer to use the alternative design. A common example of this is when an inexpensive plastic guard can prevent injury from a power tool.

Some products are simply dangerous, and a manufacturer will not be held responsible for all injuries caused by a product. Household chemicals can be dangerous. Power tools like a chain saw or a nail gun are dangerous and just being injured by one does not automatically create a products liability claim. However, manufacturers have a duty to warn consumers about the dangers the manufacturers know about. This duty can extend passed the time when the product leaves the factory and if a manufacturer later learns of a danger posed by its product, it has a duty to warn consumers who have already purchased the product.

A product fails to conform to an express warranty when it makes a claim about how it can be used, and a consumer is injured using it in that manner. An example would be if a product said it was waterproof, but a consumer was electrocuted while using the product in the rain.