Louisiana Product Liability

Manufacturers can be held liable when their products cause injury or death.  These types of cases require very strict elements of proof.  The test is whether a product is “unreasonably dangerous”. There are specific ways in which our law outlines how a product can be considered “unreasonably dangerous”.  These are found in the Louisiana revised statutes but a synopsis is (1) though construction or composition, (2) though design, (3) though an inadequate warning, (4) though failure to comply with an express warranty.

I our experience, most products liability cases involve one of the first three.  Examples would be a product that wasn’t built up to standards and failed. (construction of composition); a product that was unsafe due to a poor design (design); or a product that failed to warn of a danger associated with its use. (warning)

Its important to have a strong legal theory supported by expert testimony in these types of cases.  It is not enough to simply allege that you were injured by a product.  This is where an experienced lawyer can really make the difference.

 

§ 2800.54. Manufacturer responsibility and burden of proof

 

A. The manufacturer of a product shall be liable to a claimant for damage proximately caused by a characteristic of the product that renders the product unreasonably dangerous when such damage arose from a reasonably anticipated use of the product by the claimant or another person or entity.

 

B. A product is unreasonably dangerous if and only if:

(1) The product is unreasonably dangerous in construction or composition as provided in R.S. 9:2800.55;

(2) The product is unreasonably dangerous in design as provided in R.S. 9:2800.56;

(3) The product is unreasonably dangerous because an adequate warning about the product has not been provided as provided in R.S. 9:2800.57; or

(4) The product is unreasonably dangerous because it does not conform to an express warranty of the manufacturer about the product as provided in R.S. 9:2800.58.

 

C. The characteristic of the product that renders it unreasonably dangerous under R.S. 9:2800.55 must exist at the time the product left the control of its manufacturer. The characteristic of the product that renders it unreasonably dangerous under R.S. 9:2800.56 or 9:2800.57 must exist at the time the product left the control of its manufacturer or result from a reasonably anticipated alteration or modification of the product.

 

D. The claimant has the burden of proving the elements of Subsections A, B and C of this Section.

Share

Subscribe Now

Related Posts

Rehabilitation Facility Negligence: Defective Patient Alarm and Monitoring Failure Lead to Secondary Hip Fracture

When vulnerable long-term care or rehabilitation patients are admitted following major surgery, post-operative care standards require rigorous monitoring and reliable safety equipment to prevent secondary injury. In this matter presented before the Patient's Compensation Fund ...

Nursing Home Liability Established for Unmanaged Stage IV Sacral Decubitus Ulcer

Kenneth D. St. Pé established liability against a long-term care facility after a resident developed a severe, unmanaged Stage IV sacral decubitus ulcer (a deep pressure sore extending through skin and muscle down to bone ...

Advanced Stage IV Decubitus Ulcer and Nursing Home Neglect Litigation

A long-term care facility resident suffered severe complications, including a fractured distal fibula (broken lower outer leg bone) followed by an advanced Stage IV decubitus ulcer (a deep pressure sore extending down to muscle, bone, ...
Scroll to Top