Partner at AKD Lawyers
Practice Areas: Personal Injury
When we buy products—whether a car, home appliance, or medical device—we expect them to work safely. However, when something goes wrong and that product causes harm, Louisiana law gives injured consumers a way to hold the manufacturer responsible. This area of law is called product liability.
In Louisiana, the Louisiana Products Liability Act (LPLA) outlines the specific situations where someone can sue a manufacturer for a defective or dangerous product. If a faulty product has injured you, this guide will walk you through what the law covers, how long you have to file a claim, and how legal help can make a difference.
What Is the Louisiana Products Liability Act (LPLA)?
The Louisiana Products Liability Act outlines when a faulty product may result in liability for the maker.
To file a claim, the product must be “unreasonably dangerous” due to a design flaw, manufacturing defect, lack of warning, or breach of warranty. The injury must occur during normal, expected use.
Construction or Composition Defect
This happens when something goes wrong during the manufacturing process. For example, a pressure cooker that explodes because a seal was installed incorrectly.
Design Defect
This refers to flaws in the product’s initial design. A typical example is a piece of furniture that easily tips over, even when used as directed.
Failure to Warn
If a manufacturer does not provide proper warnings or safety instructions for its product, it can be held liable if those warnings could have prevented an injury.
Breach of Express Warranty
This applies when a product does not perform as the manufacturer promised in writing or marketing materials.
Common Products Involved in Louisiana Product Liability Claims
Many types of products can become the subject of a product liability claim. If a product fails in a way that causes harm, it could qualify under the LPLA. Some examples include:
- Faulty household appliances like heaters or blenders
- Defective vehicle parts, such as airbags or brakes
- Dangerous children’s toys
- Medical devices, including pacemakers or hip implants
- Pharmaceutical drugs with severe side effects
In each case, the key is proving that the product was unreasonably dangerous and directly caused the injury.
Can the LPLA Cover Medical Devices and Prescription Drugs?
Yes. Louisiana law allows you to hold manufacturers accountable for defective medical devices and prescription medications, especially when they fail to warn about risks or contain dangerous defects.
The FDA does not independently verify safety studies submitted by device and drug manufacturers, which can lead to unreported risks.
For example, if a faulty pacemaker harms someone or causes side effects from a drug like Zoloft or Yaz, they may have a valid claim. The LPLA can cover both the design flaws and the failure to include proper warnings.
It’s important to know that the LPLA does not apply to vaccine-related injuries. Those claims must go through the National Vaccine Injury Compensation Program instead
How Long Do You Have to File a Product Liability Claim in Louisiana?
Timing is critical in product liability cases. Louisiana law gives you only one year to file a claim from the date you discovered (or should have discovered) the injury and its connection to the product.
In Louisiana, you have only a year from the date you learnt of your injury—or should have learned—to bring a product liability claim. — Louisiana Civil Code, Article 3492
This one year is known as the prescriptive period, and it applies whether your claim involves personal injury or property damage. Waiting too long can result in your claim being dismissed, no matter how strong the case is.
Comparative Fault and Compensation
Louisiana follows a pure comparative fault rule. This means you can still recover compensation even if you were partly to blame for what happened.
Louisiana follows a pure comparative fault rule. Even if you’re 99% at fault, you may still recover compensation, just reduced in proportion to your fault.
For instance, if your total damages are $100,000 but you were 30% at fault, your award would be reduced to $70,000.
Common Product Defects and Legal Grounds Under the LPLA
| Defect Type | Description | Example Product | Legal Basis Under LPLA |
| Design Defect | Flaw in the product’s original design | Top-heavy dresser | Product unreasonably dangerous in design |
| Manufacturing Defect | Error during production or assembly | Exploding blender | Defect in construction or composition |
| Failure to Warn | Lack of safety instructions or hazard notice | Medication without warning | Inadequate warning |
| Breach of Warranty | Product doesn’t meet stated performance | Vacuum that damages carpet | Fails to meet express warranty expectations |
Why You Should Speak to a Louisiana Products Liability Lawyer
Product liability claims can be complex. Proving that a product was defective and directly caused an injury often requires expert analysis, technical reports, and detailed documentation.
That’s why it helps to work with an experienced Louisiana products liability attorney.
Lawyers who handle these cases understand how to navigate the specific legal requirements of the LPLA, including working with expert witnesses and preserving key evidence.
Many personal injury lawyers take these cases on a contingency fee basis, meaning you only pay if your case results in a settlement or verdict in your favor.
FAQs
What is the Louisiana Products Liability Act, and to whom does it apply?
The LPLA is a state law that outlines how injured consumers can hold manufacturers accountable for defective or unreasonably dangerous products. It applies to any manufacturer whose product causes harm when used as expected.
What types of defects are recognized under Louisiana product liability law?
There are four types: design defects, manufacturing defects, violation of express warranty, and failing to warn. Each has specific criteria that must be met for a valid claim.
Can I file a claim if I was partially at fault for the injury?
Yes. Louisiana uses pure comparative fault, which means your percentage of fault reduces your compensation, but you can still recover damages even if you were mostly to blame.
Are prescription drugs and medical devices covered under the LPLA?
Yes. The LPLA includes defective or dangerous medical devices and pharmaceutical drugs, even if they were approved by the FDA, as long as there’s evidence of design flaws or a lack of warning.
What’s the deadline for filing a product liability lawsuit in Louisiana?
You typically have one year from when you knew or should have known about your injury and its connection to the product. This is known as the prescriptive period.
Conclusion
Louisiana’s product liability laws offer clear legal remedies for those harmed by defective products. Whether your injury involves a malfunctioning appliance, unsafe drug, or faulty medical device, the Louisiana Products Liability Act may allow you to pursue compensation.
If you believe a defective product caused your injury, it’s essential to act quickly. With only one year to file and complex requirements to meet, speaking to a qualified Louisiana products liability lawyer can help protect your rights and guide you toward a resolution.
The attorneys at Alvendia, Kelly & Demarest Law Firm have years of experience helping people injured by dangerous products. Contact us today for free consultation.
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In 2003, after being dissatisfied with the quality of legal care for victims of car accidents, Roderick ‘Rico’ Alvendia sought to establish a new firm focused on providing high-quality legal services to aid injured victims and their families. J. Bart Kelly, sharing Rico’s passion for upholding justice, joined the firm later that year, and established a partnership.
