In Louisiana, manufacturers are responsible for any injuries that are sustained by consumers when using products. According to consumer rights laws, the manufacturer must perform tests to identify any potential risks that could lead to injuries. If there are risks under certain conditions only, they must affix warning labels on these products with explicit instructions for product usage. The following is a review of specific steps taken with a product liability attorney.
The Rights of All Consumers
All consumers have the legal right to file a report with the Consumer Rights Protection Agency. These reports must identify a flaw or defect with the product that caused their injury. The report must contain detailed information about how the injury occurred. Once received, the agency has the right to take immediate action against the manufacturer of the product.
Identifying the Flaw or Risk
In these cases, the exact product used by the consumer is tested. Forensic testing is necessary to determine if the actions taken by the consumer could produce their injuries. Additionally, more tests are conducted to determine if other risks are present that could also create injuries. These assessments are used in the product liability case as well as any recalls that are issued by the Consumer Rights Protection Agency.
Supportive Evidence for the Victim’s Injuries
The victim requires supportive evidence of their injuries. Medical records produced while they were being treated can substantiate their claim in court. However, these records must show without a doubt that the product is the cause of the injuries. Additionally, the records must show how this injury has affected their lives and could affect it in the future.
The Impact of a Product Recall
A product recall provides clear evidence that a risk existed. If a recall is issued, further legal action could be taken. However, legal claims are often grouped together as a class-action lawsuit under these circumstances.
In Louisiana, manufacturers are held at a strict liability when they fail to warn consumers of dangerous products. Any failure to provide full disclosure to consumers generates a liability once an injury is produced.
