Can Louisiana Retailers Face Liability for Selling Defective Products?

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Though you may not think about it, there are hundreds of products you use daily. From your toothbrush and alarm clock to your car and cellphone, you likely don’t give the safety of these products a second thought. After all, if they are for sale, they must be safe, right? Unfortunately, this is not always the case, and defective products can lead to significant injuries for consumers. If hurt by an unsafe product, understanding who can face liability for your damages is crucial. The following blog explores what you should know about these circumstances and how a Monroe, Louisiana defective product lawyer can help you recover compensation.

What Warrants a Defective Product?

To classify a product as defective, different elements must be found true. Generally, so long as the product is dangerous due to its design or assembly or there is no proper warning about the potential dangers of the product, it can be deemed defective. If there is anything that makes the product dangerous or poses a risk of unforeseen injuries, something can be classified as having a defect.

For example, knives are inherently dangerous. If you cut yourself using the knife, you likely cannot pursue compensation as this is a risk you knowingly assume when using the cutlery. However, if you purchase a portable space heater that catches on fire when it reaches 75 degrees, even though it can be set up to 85 degrees, this can be classified as a defect. You were using the product as intended, and there was no warning on the heater informing you that it should not be set higher than 70 degrees.

Who Can Face Liability for Injuries Caused by Defective Products?

Due to the nature of defective products, several entities can face liability. Generally, the designer and manufacturer will face responsibility, depending on whether there was a design or manufacturing flaw. However, others can face liability.

The retailer where you purchased the product can also face responsibility. Though they didn’t design or manufacture the product, stores still have a responsibility to ensure the products they put on shelves are safe for use. Additionally, if a product is recalled and a retailer does not take the necessary steps to remove the item from their shelves and pull online listings, they can be held liable for any injuries that result because of their inaction.

Sustaining unexpected injuries due to a product you assumed was safe can be devastating. Additionally, you can face severe financial stress due to the medical bills and lost wages from work. As such, it’s in your best interest to connect with an experienced attorney from Breithaupt, DuBos, & Wolleson, LLC. We understand how stressful it can be to prove a product is defective. That’s why our team is ready to assist you. Our firm has experience handling these cases, so we will fight to help you receive the best possible outcome. Call today to connect with a member of our team to learn how we can assist you.

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