Every year, Louisiana residents buy many new products to meet their personal and professional needs. From clothing to cooking utensils, new cars to craft supplies, consumer goods enter American households each and every day. Many of the goods that are sold to consumers are rigorously tested to ensure that they are safe for their intended uses. When a product is deemed unsafe, those who are injured by its defects may have legal claims for the recovery of their damages.
However, not all product-based injuries are due to product liability claims from manufacturing, design, and marketing defects. In some cases, consumers may create their own dangers by changing or modifying products from the original schematics. The defense strategies provided in this post are informational only, and no part of this blog should be read as legal guidance.
Alterations may undo legal claims
At the heart of a product liability claim is the idea that a consumer’s injuries are the result of negligence committed by some party or parties in the chain of commerce. Manufacturers of dangerous products can be sued when their items cause injuries and deaths, and product designers can face similar liability when the items the plan include faulty and dangerous elements.
When a manufacturer or designer creates a safe product, though, and a consumer changes it from its original design, the manufacturer or designer may no longer be liable for the consumer’s losses if that product harms them. The alteration of a product from its intended and original form may place liability on the consumer for using the product in an altered manner or for a purpose outside of what the item was made to do.
Addressing product liability claims
Entities that have been sued on product liability claims can work with legal professionals to address the litigation against them. They may have defense options, such as alteration, that will lessen or eliminate the pending claims. All cases should be reviewed by independent legal counselors for the development of case-specific legal strategies.