Product Liability in Louisiana
In Louisiana, product liability claims are governed by the Louisiana Products Liability Act, La. R.S. 9:2800.51–.60 (the “Act”). Under the Act, injured people may recover for design defects, defects in construction or composition, failure of the manufacturer to provide adequate warnings or for breach of express warranties. These rules and the applicable law are complicated. Our attorneys have decades of experience handling product liability claims and can help.
If a dangerous product has severely injured you or a loved one, contact The Law Offices of Street & Street for help. We understand Louisiana product liability law and can evaluate your claim to determine if you can recover.
Establishing Fault in Louisiana Product Liability Claims
Under the Act, product liability claims may be brought against parties involved in the design, manufacture, construction or refurbishing of a defective or dangerous product. Products are considered unreasonably dangerous in one of four ways:
- Defective design,
- Defective manufacturing (composition or construction),
- Nonconformity to an express warranty and/or
- A failure to adequately warn.
Defective Design
In defective design claims, the victim claims the manufacturer did intend the product to be designed in the way it was designed. The risk of danger inherent in the design outweighs the benefits of that design. To recover for a defective design, the injured party must prove an alternative design existed which was capable of preventing the injury.
Defective Manufacturing/Composition or Construction
In manufacturing defect claims, the victim claims even if the product was safely designed, a defect in the manufacturing process resulted in an unsafe product. This type of claim usually develops due to mistakes made during the manufacturing process. For instance, a claim like this may arise if a metal part of a product was compromised during the manufacturing process.
Nonconformity with an Express Warranty
In nonconformity claims, the victim claims a product was unreasonably dangerous because it didn’t conform to an express warranty made at any time by the manufacturer regarding the product, the warranty is what led the victim to use the product, and the damage occurred because the warranty was untrue.
Failure to Warn
In failure to warn claims, the victim claims the manufacturer had a duty to warn consumers of dangers inherent in using the product but failed to do so. Failure to provide adequate instructions as to use are also considered failure to warn claims in Louisiana.
Contact the Law Offices of Street & Street for More Information Regarding Product Liability In Louisiana
If you or a loved one has been injured by a defective product, contact The Law Offices of Street & Street for help. We understand how devastating the injuries caused by these types of products can be and have decades of experience handling these complicated cases. Contact us today for a free consultation. We work on a contingency fee basis and help you recover compensation.