What happens when a product defect causes a person’s death?

When a product defect causes a person’s death, their surviving family members have the right to file a wrongful death lawsuit against the manufacturer or seller of the defective product. Louisiana has a product liability law which allows people to seek damages if they suffer injuries or death due to a defective product. In order to be successful in a wrongful death lawsuit, the family must be able to prove that the product was indeed defective and that this defect was the direct cause of the death. In Louisiana, the law allows family members to recover damages for medical expenses, the funeral and burial costs, lost wages, and also for their own emotional suffering due to the death of their loved one. Damages can also be sought if the deceased suffered any pain or suffering due to the product defect. Additionally, punitive or exemplary damages may be awarded in Louisiana if the manufacturer or seller’s conduct was considered egregious. When a product defect causes a person’s death, their family has the right to seek legal recourse. It is important for those affected to contact an experienced attorney in order to protect their rights and receive the compensation that they deserve for the loss of their loved one.

Related FAQs

What are the differences between a design defect, manufacturing defect, and warning defect claim?
What is the “consumer expectation test” and “risk-utility test”?
How can a company decide which products to recall?
Who is responsible for product recalls?
Is a consumer able to recover damages in a product liability case?
What is the difference between negligence and strict liability in product liability law?
What happens when a product defect causes a person’s death?
Are there any restrictions on the types of damages that can be awarded in a product liability case?
How do product liability laws differ between states?
What is a “market withdrawal”?

Related Blog Posts

Understanding the Basics of Products Liability Law - July 31, 2023
What is a Breach of Warranty? - August 7, 2023
What is Strict Liability in Products Liability Law? - August 14, 2023
How Can You Establish a Products Liability Claim? - August 21, 2023
Common Defenses in Products Liability Cases - August 28, 2023