Partner at AKD Lawyers
Practice Areas: Personal Injury
A defective product can cause a serious injury, even when you use it as intended. In Louisiana, the Louisiana Products Liability Act (LPLA) sets the rules for when a manufacturer may be responsible for an injury caused by a dangerous product.
Products such as cars, medical devices, appliances, and other consumer goods should be safe when used properly. If a product has a defect and causes injury, the injured person may have legal options.
This guide explains what the Louisiana Products Liability Act covers, the types of defects recognized under the law, what you may need to prove, and the deadlines that may apply.
What the Louisiana Products Liability Act Covers
The Louisiana Products Liability Act sets the rules for claims against manufacturers. It explains when a manufacturer may have to pay for an injury caused by a defective product.
Under the LPLA, a product may be unreasonably dangerous because of one of these problems:
- A manufacturing defect that happened during production
- A design defect that makes the product unsafe
- A failure to warn about a known danger
- A breach of an express warranty when the product does not work as promised
The LPLA generally applies to manufacturers. It does not usually apply to stores or other sellers unless the seller changed or modified the product.
To bring a claim, the injured person must show that the product had the defect when it left the manufacturer’s control and that the defect caused the injury.
Types of Defects Under the Louisiana Products Liability Act
The LPLA recognizes four main types of product defects.
Manufacturing Defect
A manufacturing defect happens when a product is made incorrectly or does not match its intended design. For example, a pressure cooker could become dangerous if a part is installed incorrectly during manufacturing.
Design Defect
A design defect occurs when the product’s design makes it unreasonably dangerous, even when it is made correctly. For example, a product may easily tip over because of the way it was designed.
Failure to Warn
Manufacturers may need to warn consumers about known dangers and provide proper instructions for using the product.
If a manufacturer does not give a needed warning, and a proper warning could have prevented the injury, the person may have a product liability claim.
Breach of Express Warranty
An express warranty is a specific promise about what a product will do.
A breach happens when the product does not live up to that promise. The promise may appear in an advertisement, label, or other statement about the product. For example, a product that does not meet a stated safety or performance claim may raise a warranty issue.
What Must You Prove in a Louisiana Product Liability Claim?
A defective product claim needs evidence showing that the product caused the injury.
Generally, an injured person must show:
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- The product had a defect covered by the LPLA.
- The defect was present when the product left the manufacturer’s control.
- The product was used as reasonably expected.
- The defect caused the injury.
Evidence may include:
- Product testing reports
- Technical records
- Expert analysis
- Safety recalls
- Consumer complaints
- Medical records that connect the injury to the product
These cases can involve technical questions. Evidence showing what went wrong with the product can be especially important.
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Common Defective Products in Louisiana Claims
Defective products can include many items used at home, in vehicles, at work, or in medical care.
Examples include:
- Household appliances such as heaters or blenders
- Vehicle parts such as airbags or brakes
- Children’s products with safety problems
- Medical devices such as implants or other equipment
- Prescription drugs with inadequate warnings
Medical devices and pharmaceuticals can raise difficult product liability issues. A claim may involve a design problem, a manufacturing problem, or a missing warning.
If a defective product injured you, a Louisiana product liability lawyer can explain how the LPLA may apply to your case.
Louisiana Product Liability Claim Deadline
A time limit applies to filing a defective product claim. The deadline can depend on when the injury happened and the type of claim.
Louisiana has specific time limits for product liability cases. Waiting too long may affect your right to bring a claim, even if you have evidence that a defective product caused your injury.
Important details may include:
- When the injury happened
- When the defect or injury was discovered
- The type of damages involved
- Whether an exception applies
Knowing the deadline for your case is key to deciding what to do next.
Comparative Fault and Compensation
Louisiana follows a pure comparative fault system under Article 2323 of the Civil Code. This means you may still receive compensation if you were partly responsible for the accident. However, your share of the fault can reduce the amount you receive.
For example, if your damages are $100,000:
| Fault Percentage (Plaintiff) | Total Damages | Compensation After Reduction |
| 0% | $100,000 | $100,000 |
| 25% | $100,000 | $75,000 |
| 50% | $100,000 | $50,000 |
| 75% | $100,000 | $25,000 |
The facts of each case determine how courts evaluate fault and compensation.
FAQs
What does the Louisiana Products Liability Act cover?
The Louisiana Products Liability Act sets the rules for when a manufacturer may be responsible for an injury caused by an unreasonably dangerous product.
Can I sue a company for a defective product in Louisiana?
You may have a claim if a defective product caused your injury and the claim meets the requirements of the LPLA.
What type of lawyer handles defective product cases?
A product liability lawyer handles cases involving unsafe products. This can include manufacturing defects, design defects, and failure-to-warn claims.
What evidence helps prove a defective product claim?
Useful evidence may include product records, expert analysis, safety reports, medical records, and information showing how the product caused the injury.
What happens if I am partly responsible for my injury?
Louisiana’s comparative fault rules may still allow you to recover compensation. However, the amount you receive may be reduced based on your share of fault.
Conclusion
A defective product case may require proof of what went wrong, why the product was unsafe, and how it caused the injury. The Louisiana Products Liability Act sets the rules for when a manufacturer may be responsible.
If you or a loved one was injured by a defective product , Alvendia, Kelly & Demarest Law Firm can explain your legal options. You can request a free consultation to discuss your situation.
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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.
