Frischhertz & Impastato

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Can a fault in a product's design result in a compensable injury?

Products that are released into the stream of commerce are often scrutinized for safety at many levels before they make their way into the hands of New Orleans consumers. The strict review of safety that products are subjected to often catches problems before the products are released and have a chance to harm people. However, from time to time unsafe products slip through and when handled by unsuspecting consumers cause serious injuries due to their inherent defects.

While inadequate warnings and manufacturing mistakes can turn products into dangers for consumers, design defects are also a problem that can result in products liability claims. The producer of a product may be responsible for any injuries the design of the product causes if it was foreseeable that consumers could be at risk and the injured consumers used the products as they were intended.

Cases based on design defects can turn on whether a consumer made any modifications to the product or if there is evidence that the injured party used the product improperly or for a use that the creator of the item did not intend it to be used for. If, though, a product is used in accordance with the instructions and warnings provided an injured party may have the ability to recover their damages for their losses.

Products liability claims enable individuals to seek financial recompense for their medical bills and associated losses after suffering injuries due to defective consumer goods. These personal injury claims can be factually driven and it is not uncommon for injured victims to seek the counsel of attorneys to guide them through the preparation and trying of their claims. Personal injury attorneys are well-suited to assist those readers with questions about products liability claims.

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