Baton Rouge Product Liability Lawyers When we buy a product, there is a reasonable expectation that it will work as intended—and certainly, that we won’t be injured by the product. When consumers do suffer injuries at the hands of the products they buy--be it a toaster, car set, a pacemaker, or anything else—they have may be able to get compensation. Whether a settlement can be reached, and whether the dollar figure in that settlement is a fair one, may well depend on the quality and experience of their Baton Rouge products liability lawyer.

The attorneys at Beall & Thies bring over a century of combined experience to the table. We know how to investigate, and we know what it takes to fight for a fair settlement. Call today at 225-383-3499 or contact us online to set up a consultation.

What Is Strict Liability?

Strict liability is a legal concept which holds defendants (in this case, the company that manufactured or distributed the product) accountable simply on the basis that the injury occurred as a result of reasonable use of the product. It does not take defendants’ actions (or lack thereof) into account.

In practical terms, this means the injured plaintiff is not obligated to prove that a defendant was culpably negligent in designing, manufacturing, or marketing their product. A product liability lawsuit is not, at least on its face, an accusation of deliberate misconduct. It is simply a reflection of the fact that the consumer was injured.

The exception to strict liability in cases like these is if it can be shown that the plaintiff used the product in a way other than its intended use. An example might be plugging in a toaster while it’s on a puddle of water that sits on the counter. The defense can reasonably argue in this case that the ensuing electrical injury is not the fault of the product. But if the toaster was just plugged in normally and the same burn injury occurred? Then strict liability can apply.

Who Is Liable?

The bigger challenge for Baton Rouge product liability attorneys is identifying who should be held strictly liable for the plaintiff’s injuries. The Louisiana Product Liability Act cites three areas where error might have happened…

• The Design Phase: This presumes a product was flawed from the start. The car seat that had a structural flaw never had a real chance to work as intended.
• The Manufacturing Phase: In this phase, the product was well-designed, but mistakes happened along the path of putting it together. An example here might be a problem on an automobile assembly line. Perhaps the reason the gas tank caught fire was that it was an erroneously assembled back in the plant. 
• The Marketing Phase: Consumers rely on reasonable warnings about how to use a product, including whether it may be dangerous for children. The person that buys over-the-counter medicine needs a warning as to potential side effects. If these warnings are not given,  then we have a product liability case. 

Finding out which phase the error occurred can require some investigation and an experienced Baton Rouge products liability lawyer, one who has been through numerous cases likes yours, can be a valuable asset. Larger companies may contract out anything from design to distribution, so identifying where the error occurred is an important prerequisite in knowing who the defendant should be.

Let Beall & Thies take on your legal battle and work to get you the settlement you deserve. Call today at 225-383-3499 or contact us online to set up a consultation.