Baton Rouge Products Liability Lawyer
Products liability law is that law that creates liability on any or all parties along the chain of manufacture of any product for damage, including personal injury, caused by that product or a component part. Baton Rouge Products Liability Lawyer Ed Kramer has experience and skill to help you recover the most for your personal injury case!
Pursuing a products liability case that involves personal injury requires a great deal of legal sophistication. The injuredGo.com Law Firm and Attorney Ed Kramer have the experience, resources, and dedication that you need to pursue your products liability claim.
Products liability can include the manufacturer of the parts of a product, an assembling manufacturer, the wholesaler, possible repairs or product fixes, and the retail store owner. Some things contain inherent defects that cause harm to a consumer of the product, or someone who used the product, are often the basis of a products liability suit.
The key to establishing a product liability injury case is establishing that the product was “defective.” A product can be shown to be defective only if the product that causes the injury is “unreasonably dangerous” in construction or composition, unreasonably dangerous in design, or unreasonably dangerous because of inadequate warning.
Products liability law also covers things that are not often thought of regarding being a ‘product.’ These include intangibles (gas), naturals (pets), real estate (house), and writings (navigational charts).
Attorney Ed Kramer Has Experience in Serious Products Liability Cases
Some examples of prior products liability cases that Attorney Ed Kramer has handled include:
- Wrongful Death caused by an industrial mixer;
- Loss of arm caused by a faulty backhoe;
- Medical products ;
- Wrongful death involving a defective bushing;
- Defective water heaters;
- Failure to warn;
- Defective ladders
- Defective design of a building;
- and more.
Products liability claims can be based on The Louisiana Products Liability Act and another basis in law is depending upon where the injury occurred and what the circumstances of the accident are at the time.
The scope of the Louisiana Products Liability Act is codified as follows:
§2800.52. Scope of this Chapter
This Chapter establishes the exclusive theories of liability for manufacturers for damage caused by their products. A claimant may not recover from a manufacturer for damage caused by a product on the basis of any theory of liability that is not set forth in this Chapter. Conduct or circumstances that result in liability under this Chapter are “fault” within the meaning of Civil Code Article 2315. This Chapter does not apply to the rights of an employee or his personal representatives, dependents or relations against a manufacturer who is the employee’s employer or against any principal or any officer, director, stockholder, partner or employee of such manufacturer or principal as limited by R.S. 23:1032, or to the rights of a claimant against the following, unless they assume the status of a manufacturer as defined in R.S. 9:2800.53(1):
- Providers of professional services, even if the service results in a product.
- Providers of nonprofessional services where the essence of the service is the furnishing of judgment or skill, even if the service results in a product.
- Producers of natural fruits and other raw products in their natural state that are derived from animals, fowl, aquatic life, or invertebrates, including but not limited to milk, eggs, honey, and wool.
- Farmers and other producers of agricultural plants in their natural state.
- Ranchers and other producers of animals, fowl, aquatic life, or invertebrates in their natural state.
- Harvesters and other producers of fish, crawfish, oysters, crabs, mollusks, or other aquatic animals in their natural state.
- Products Liability is considered a strict liability offense. Strict liability wrongs do not depend on the degree of carefulness by the defendant. Translated to products liability terms, a defendant is liable when it is shown that the product is defective. It is irrelevant whether the manufacturer or supplier exercised great care; if there is a defect in the product that causes harm, he or she will be liable for it.”
This law is very complicated, and it takes skill and effort to win against a large manufacturer. The InjuredGo.com Law Firm can fight large manufacturers on your behalf be establishing a Legal Team of professionals.
Resources for Persons Investigating Products Liability Injury Claims
- Products Liability Defined
- Consumer Reports
- National Highway Traffic Safety Administration
- National Patient Safety Foundation
- The United States Food and Drug Administration
- The Center for Auto Safety
- Consumer Product Safety Commission
Contact Us for a Free Evaluation of Your Products Liability Law Case
If you have a serious injury involving products liability law, we will fight in the best way possible for you. In fact, this may require the use of experts and others – just like the insurance company might use – to help prove your claim. Our firm employs not only experienced investigators, experts, medical personnel, but also, in most cases, associates other trial attorneys that have a thorough understanding of the law.
We help our clients not only assess their claims but also develop arguments, and pursue their causes of action. Our personal injury teams can utilize both medical and economic expert witnesses to help clients prove their damages.