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Defective Safety Equipment

Safety equipment is often the only thing standing between a person and a traumatic and/or fatal personal injury accident. Equipment such as machinery guards, personal fall protection systems, helmets, respiratory devices, and protective shields are requirements for construction and other worksites around Louisiana. Other types of safety equipment, such as seatbelts and airbags in motor vehicles, are also important for consumer safety.

When safety equipment contains a defect, it may not adequately protect the user. If you were injured as a result of defective safety equipment, trust the Law Office of John W. Redmann, L.L.C. to handle your product liability case in New Orleans.

The Rules of Louisiana Product Liability Claims

The Louisiana Products Liability Act, or Louisiana’s “product liability” law states that a manufacturer will be liable for the damage its product causes to a consumer in certain situations. A “manufacturer” can be the company that made or designed the product, as well as a distributor or seller so long as the requirements or the LPLA are met. To have grounds for a product liability case, an injured party must show that 1) the product is unreasonably dangerous, 2) the product caused the plaintiff’s injuries, and 3) the plaintiff suffered real damages because of the defective safety equipment. Examples of an unreasonably dangerous defect in safety equipment may include:

  • Design flaw. The design of the device contains a flaw that renders the finished product unreasonably hazardous to consumers. A machine guard, for example, that still permitted workers to reach their arms too far into the machine would be a dangerous design flaw.
  • Manufacturing error. A manufacturing mistake means that the piece of safety equipment would have been safe for use were it not for an error made during production. For instance, if the machine shield had a safe design but ended up being faulty and falling off of the machine due to a manufacturing mistake.
  • Marketing error. A marketing mistake or breach of warranty can describe a product defect based on the company failing to uphold a warranty or properly label the safety equipment for consumers. If the machine installation instructions, for example, failed to mention a serious risk of injury if someone operates the machine without a guard.

Limitless possibilities for product defects exist that may give rise to a lawsuit. If a defect exists, and the defect is what caused the plaintiff’s injuries, the plaintiff may not have to prove that the product manufacturer was negligent. Showing that the safety equipment contained a dangerous defect may be enough to prove negligence. As long as the plaintiff used the equipment as the manufacturer intended, the plaintiff may be eligible for compensation.

Damages Available in a Defective Product Claim

Safety devices can mean the difference between life and death. Safety equipment defects are unfortunately common causes of consumer injuries. A failed seatbelt in a car accident, for example, can result in a deadly spinal cord injury that a properly working seatbelt would have prevented. If a defective piece of equipment caused or contributed to your injuries in New Orleans, contact us right away. We have experience litigating state and federal product liability laws and can help you fight for damages such as:

  • Past, present, and future medical costs
  • Lost wages
  • Lost future earnings due to a disability
  • Lost quality of life
  • Property damage
  • Emotional distress and mental anguish

It’s our job and privilege to stand up for the rights of consumers with preventable injuries due to defective safety equipment. Whether your injuries occurred at work, in a car accident, or elsewhere, you could be eligible for compensation. We can help you understand what caused your injuries, whether a piece of safety equipment contained a defect, and help you fight for justice. Learn more about your case during a free consultation today call (504) 500-5000. Si, se habla Español.