When a company releases a consumer good to the public, consumers expect it to have been properly tested and safe for use. However, every year, everyday household items negatively affect hundreds of consumers. In fact, according to the National Safety Council, consumer products injured 12,740,256 Americans in 2023. From food to appliances, any product can be a potential hazard to the public if it is defective.
Despite federal guidelines and regulations that require companies to properly label and test items before releasing them on the market, consumers are still harmed. If you or a loved one has been injured by a defective product, Bianca | Matkins can help. Our skilled Baton Rouge product liability lawyer can assist you in holding those manufacturers and distributors accountable for their negligent actions.
Reasons for Filing a Claim if You Were Harmed
There are several reasons why a product may become defective. It is important that you were using that product as intended when the injury occurred. If you followed the instructions for use and the product still caused you harm, you may have a case to pursue for compensation for your losses.
The three common factors for product liability claims are:
- Poor design: A flaw or fault with the item’s design makes it inherently dangerous. In these cases, the flaw ends up affecting the entire product line and not one single item or unit.
- Manufacturing defects: These only occur in specific batches or units and are usually due to errors during the item’s fabrication.
- Labeling defects: When goods don’t have the proper warning labels or certain instructions, such as a medication with improper dosage instructions.
Current Defective Product Recalls
Household appliances, furniture, tools, or children’s toys aren’t the only types of products that can be defective. Medications and food can also be deemed dangerous. A few of the most recent recalls that have been issued for dangerous items include:
- Queso Fresco Cojita: Sold by brands like Bright Farms, Dole, Trader Joe’s, and more, these dairy products have been recalled due to being contaminated with Listeria. Symptoms of Listeria infection can last for days, and while cases are usually mild with fever and nausea, more severe symptoms include headache, confusion, and loss of balance. Consumers are urged not to purchase or eat these products and to monitor for these symptoms if they’ve already eaten any recalled food. Likewise, retailers are urged to remove all unsold recalled products from store shelves.
- Char-Broil Digital Electric Smokers: These smokers have the defect of leaking electrical current during use, which can cause electric shocks to consumers. Approximately 211,700 units were sold in the United States, and 3,440 additional units were sold in Canada at major retailers, such as Lowe’s, Menard’s, and Target, as well as online at Amazon.com and Charbroil.com. Consumers are urged to stop using the recalled models immediately and contact Char-Broil for a free repair kit.
- Tesla Cars: Nearly 2 million cars manufactured by Tesla have been recalled due to concerns over the available Autopilot feature. A statement from the NHTSA supports the recall, stating that drivers of Tesla vehicles rely too much on the Autopilot or “Autosteer” function as it gives drivers a false sense of security and can lead to more frequent accidents.
Tesla has agreed to move forward with the recall and update the software to limit this feature and ensure drivers are safer on the road.
If you have concerns about something in your home or want to stay up-to-date on current recalls, you can search on the United States Consumer Product Safety Commission (CPSC) recalls webpage. The page also allows consumers to make a report of an unsafe product. The United States Food & Drug Administration (FDA) also has a similar webpage where users can search for current and past recalls of FDA-regulated products.
Keep in mind that a product that has been recalled doesn’t absolve the manufacturer or distributor of any liability claim. The opposite might be true. If a product is recalled, it is clearly defective and shouldn’t have been sold in the first place. That can support your injury claim.
Also, a recent article from PC Magazine detailed the potential dangers of exploding smartphones. While these incidents are rare, they point out how some products, devices, and gadgets that we use every day can sometimes turn against us and cause injury or significant damage. So even though your smartphone might not be under a recall, it could still potentially cause serious harm.
Determining Fault for the Harm Products Can Cause
In the case of product liability, there can be several parties who may be held liable for your damages. They may be:
- Manufacturers: This is the company that created or produced the defective product before sending it out to consumers
- Retailer: Any store that sells items, such as grocery stores or pharmacies, has a duty to keep products fresh and properly labeled on the shelves
- Wholesaler or distributor: Consumer goods may be damaged during shipment from the manufacturer to the retailer, causing injuries to consumers who purchase the defective item
Proving which party is at fault, or where in the process the defect occurred, is a key point for your case. Your Baton Rouge product liability lawyer will collect all the evidence to help determine who will be held responsible for your injuries.
Injuries Associated with Defective Items Usage
There is a wide range of injuries that occur from defective products. Depending on whether a consumer was injured from using improperly labeled medication or by a grill with a faulty gas line or any other flawed item, the injuries might be minimal or could lead to long-lasting health issues.
The most common injuries we see in connection to these defects are the following:
- Traumatic brain injuries
- Broken bones
- Nerve damage
- Spinal cord trauma
- Burns
- Soft-tissue injuries
Although physical or external injuries might be more common symptoms of using defective products, serious illnesses such as respiratory issues or cancer could also present themselves. No matter the severity of your injury, your attorney will assist you in claiming compensation.
Possible Compensation for Your Injury
When a dangerous product causes harm to consumers, it can lead to injuries, illness, or other damages that take not only a physical but also a financial toll on victims and their families. Those victims who pursue legal action in the form of a lawsuit often receive compensation for the following damages:
- Medical expenses, including all co-payments, bills, and ongoing therapy or procedures
- Lost wages while you’re recovering from your injuries
- Future earning potential if you can’t return to your job
- Lifestyle changes to accommodate a disability (such as vehicle or home modifications or in-home caregivers)
- Pain and suffering
- Mental anguish
- Loss of quality of life
With those damages that aren’t associated with a tangible bill or invoice, we use the common multiplier method of assessing your loss. That is where your injuries are assigned a value between 1 to 5. That number is then multiplied by your economic loss total. The team at Bianca | Matkins will have the necessary experience to consider all the details of your case and ensure you receive the most compensation possible.
How a Baton Rouge Product Liability Lawyer Can Help
If you’ve suffered harm by using a product and are considering pursuing legal action against the responsible party, it’s important to the success of your case to speak with an attorney who specializes in handling product liability cases.
Not only will your attorney understand the nuances of the Louisiana legal system, they can assist with your case in the following ways:
- Identify liability
- Gather evidence
- File on time (within the one-year Louisiana statute of limitations)
- Negotiate a settlement
If your case can’t be negotiated out of court, your attorney will also be prepared to represent you in front of a judge.
Our attorneys at Bianca | Matkins have years of experience helping consumers like you fight for compensation after an injury from using a dangerous item. Contact our law office today for a free consultation and see how a Baton Rouge product liability lawyer can help you.
