Product liability claims often occur unexpectedly and can come with significant financial strain on a business. A Baton Rouge insurancedefense lawyer can help defend against these claims by offering detailed strategies that are personalized for your business. Through detailed investigations, collaborations with witnesses and professionals, and extensive planning, an attorney can help protect your business’ profits and its reputation.
Types of Product Liability Claims
A product liability claim is made against a company if a plaintiff was injured due to a defective product. These claims can be given to distributors, suppliers, and retailers alike. Many claims include issues with manufacturing due to mistakes that occur in the production process. These are called manufacturing defects.
In some cases, no amount of mistake can cover the fact that the product itself is dangerous. If a certain device has a design aspect that causes it to frequently fail or malfunction, this would be an example of a design defect that might have a product liability claim filed for it.
Even if the product mostly works as intended, if the company that sold or marketed it did not warn customers about potential dangers from using the product, they could be on the hook for a marketing defect. For example, if a pharmaceutical company does not provide sufficient instructions or warn patients of all the potential side effects of a medication, they could be liable for a product liability claim.
Product Liability Insurance
Having insurance for product liability claims is essential in such a high-risk world as healthcare. If a medical device fails, a patient can be seriously harmed or even killed. Insurance plans for product liability claims often cover costs for things like legal fees and settlement costs that come from these types of cases. An attorney can review which policy makes the most sense for your business, negotiate with insurers, and help manage your claim.
Louisiana Insurance Defense And Product Liability Defense Attorneys
Watson, Blanche, Wilson & Posner, LLP, has nearly three quarters of a century of experience representing national and international insurance businesses. There is no casualty insurance or product liability defense case for which the firm is not prepared. The firm is ready to defend businesses in cases involving commercial general liability, personal injury defense, medical devices liability, design defect, manufacturing defect, breach of warranty and failure to warn.
The firm works toward best possible outcomes in its insurance and product liability defense cases by:
- Employing methodical and accurate investigation of witnesses, statements and documentary evidence: We are committed to investigating your case thoroughly to build a strong defense. Our attorneys examine all the aspects of your product liability claim to make sure that no detail is left out. This often allows us to uncover critical information that significantly impacts the outcome of a case.
- Retaining appropriate experts to support your case: Testimony from professionals in the field can make or break a case. These individuals provide insights into the technical aspects of a product liability claim, like the design of the product, how it was manufactured, and relevant industry standards. Their testimony can help us build a stronger defense by clarifying details that are essential to the case.
- Deposing plaintiffs, witnesses and experts: Depositions are a key part of our defense strategy. Our depositions help us gather relevant information to challenge the claims of the plaintiff. Developing and asking targeted questions can give us choice responses to uncover weaknesses in the opposing party’s case and help build our defense. This strategy also allows us to better prepare for a trial and address potential challenges.
- Consulting with product manufacturers’ engineers to develop a defense: To make sure that we understand the technical details of the product involved, we work closely with engineers from the product manufacturers. This gives additional details on the product’s design, how it works, and any safety features that were built in. Working with these people makes our defense stronger and more grounded in technical knowledge.
- Working with clients to develop a cost-effective strategy: Our firm recognizes that legal defense can be expensive and might cut into your company’s bottom line. We communicate with our clients to develop a strategy that balances affordability with effectiveness. Our goal is to help your product liability defense fit into the financial picture of your company, not damage it.
By utilizing effective and cost-conscious legal strategies, our legal team can build a solid defense. We know that product liability claims are often high-stakes situations, so it’s our job to provide you with a high level of representation so that you can run your business with confidence.
The firm structures its approach based on the needs and goals of each client and all the facts present in the case. Watson, Blanche recognizes the uniqueness of each case and reconciles a tailored approach with the standards necessary to achieve success.
To get in touch and schedule an initial consultation, call 225-387-5511 or contact us.
FAQs
A law firm can help defend against product liability and insurance defense claims by providing professional legal representation. This includes coming up with a defense strategy to counter the claims of the plaintiff. They can also assist with gathering evidence and negotiating a settlement agreement to avoid having to go to trial, which can end up saving the client time and money in the long run.
Some common defenses in product liability and insurance defense claims place blame on the consumer. If someone does not use the product as intended, then their injuries might not be the fault of the manufacturer. There are other arguments that attempt to prove that the customer contributed to their injury by not paying attention to their surroundings, using the product for too long, or other reasons.
Insurance coverage can help manufacturers with the cost associated with product liability cases. These claims can be financially draining, so insurance to cover product liability cases can help reimburse the company for the cost of litigation, including a settlement reward for the plaintiff. Every insurance plan is different, however, so different companies are entitled to different benefits and compensation depending on the details of the case.
If a business receives a product liability claim against them, they should contact a product liability defense attorney as soon as possible as well as the insurance company that manages their plan for product liability claims. An attorney can explain the terms of the company’s insurance plan in a way that business owners can understand so that they can make informed decisions about what steps to take after receiving the initial legal complaint.
Manage the Reputation of Your Business
It is important to be strategic when approaching a complicated product liability claim. That is why it is so important to consult an attorney to make sure you have a solid strategy against unwarranted claims. Schedule a consultation with Watson, Blanche, Wilson & Posner, LLP today to learn more about our experience with product liability claims and how we can help you achieve a positive outcome for the future of your business.