Negligence and reasonableness in product liability claims
When an injury happens as a result of carelessness, the injured party will have the right under the law in most cases to seek financial restitution from the careless, or at-fault party if the carelessness was at the level of “negligence.” Defined as an individual failing to reasonably act in a way that strives to prevent unnecessary harm to others. This notion of negligence extends to many different areas of life, including consumer product manufacturing.
If, for example, a product manufacturer creates a toy for toddlers, and the toy has small parts that can easily break off, then it will endanger toddlers who could break pieces off, put them in their mouths and fatally choke on them. A manufacturer that fails to reasonably design its toys for toddlers in a way that prevents small pieces from breaking off would likely be considered negligent because the manufacturer did not make a reasonable effort to prevent serious injuries from happening to consumers.
The issue of the “reasonableness” of these actions is very important in terms of establishing whether negligence truly occurred. The litmus test for reasonable is to compare the at-fault party’s actions to those actions of the average person. For example, the average person who sees a toy with pieces that could easily break off would be making a reasonable effort to prevent injury if he or she did everything possible to prevent the dangerous toy from getting into the hands of a small child.
If you believe that the manufacturer of a product that injured you or your family member failed to make a reasonable effort to prevent your injuries, then you may have a viable claim for product liability damages. By reaching out to a product liability lawyer in the Louisiana area, you can further evaluate the nature of your potential claim and whether it warrants filing in court. You can find more information on our website.