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.
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