How do juries decide product liability cases?
In product liability cases in Louisiana, a jury is responsible for deciding whether the defendant (the manufacturer or seller of a defective product) is responsible for the plaintiff’s injury or damage. The jury must examine all of the evidence and determine if the defendant is liable in the case. To do this, the jury must consider the type of product, the defect or flaws in the product, the way the product was used or misused, and the harm caused by the product’s defect. The jury must determine if the manufacturer or seller had a legal responsibility to make sure the product was safe. In order to do this, the jury must consider the design, manufacture, testing, labeling, marketing, and/or warnings associated with the product. The jury must also evaluate whether or not the defendant acted reasonably when creating the product and if all safety guidelines were followed. Additionally, the jury must decide whether the defendant was aware of the hazard or risks of the product and failed to reasonably warn the plaintiff. Furthermore, the jury must decide whether the defendant’s negligence caused the plaintiff’s injury or damage. If the jury believes the defendant is legally responsible for the plaintiff’s damages, then it will then assign a fair amount of compensation.
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