Gonzales Louisiana Hazardous Products Attorneys
Under personal injury law, cases of Gonzales, Louisiana product liability deal with defective or unsafe products. Product retailers, wholesalers, and manufacturers can be held legally liable for damages stemming from the use of defective products. Include in this area of law are food, drugs, and real estate, as well as nearly all consumer products. The duty of safety in product use extends beyond the original purchaser/user, to virtually anyone in contact with the product.
Often, a person injured by an East Gonzales hazardous product need not prove negligence on the part of the manufacturer, retailer, etc. This is due to the application of “strict liability,” a legal distinction whihc increases the expectation borne by the manufacturer. Simply put, if the product causes injury/damage, the manufacturer is responsible, regardless of the reason for the product causing the damage. As long as the product was used as intended and not substantially changed from its original condition, strict liability applies. Altering the product or its safely features before use may void the manufacturers responsibilities and therefore any legal recourse.
Negligence and/or violation of warranty may also be grounds for a claim of damages under product liability. Regarding negligence, if it can be demonstrated that a company has been negligent in adequately testing its product or in providing directions for its use, then the injured party likely has grounds to file suit. Similarly, a “warranty for fitness of use and freedom from defect” is implied at the time of sale of a product. Should the item prove to be defective or otherwise unfit for the intended use/purpose, an injured user may file a case of product liability.