By: Scotty Edward Chabert Jr.
Product liability laws in Louisiana provide a way to hold manufacturers accountable for defective products that cause harm. Consumers who are injured by a product defect – whether it be a design defect, manufacturing defect, or an issue of insufficient warnings – can bring a product liability suit to seek compensation for their injuries and losses.
Here are some basics of the laws surrounding defective product lawsuits and tips for what to do if a product in Louisiana ever injures you.
Who Is Liable for Defective Products?
Under the Louisiana Product Liability Act, a manufacturer is liable for any injuries caused by an “unreasonably dangerous” product. Under the LPLA, a manufacturer may include any organization that constructs, designs, or produces a product.
The term “manufacturer” has been construed to cover any business with their name on a product, a seller who controls the designs, construction, or quality of a product, and a seller who sells goods as an alter ego of a manufacturer out of the country.
Given this context, it’s important to appreciate that the term manufacturer is broadly construed and can extend to distributors, suppliers, and retailers.
What Legally Makes a Product Defective?
Under Louisiana law, a product is considered defective and can lead to liability if:
- The product is unreasonably dangerous as constructed;
- The product’s design is unreasonably dangerous;
- The product is unreasonably dangerous because of inadequate warnings; or
- The product is unreasonably dangerous because it does not comply with the express warranty of the manufacturer.
Proving a Product Defect in Louisiana
To establish a product liability case, a Plaintiff must prove the following key elements:
- An individual suffered a loss or injury;
- There was a defective product involved and the defect caused the injury or loss; and
- The plaintiff was using the product as intended at the time of the injury.
When establishing a product liability case, there are two theories that can be used: negligence and breach of warranty.
Under negligence theory, you have to show that the manufacturer did not practice due care in the design, production, or supply of a product. This could include things like using poor-quality materials, ignoring identified risks, or not following clearly established manufacturing protocols.
In a breach of warranty case, plaintiffs must establish that a manufacturer failed to fulfill the terms of a promise about a product’s quality or performance. This theory can be applied to both express warranties and implied warranties.
What to Do if You’re Injured by a Defective Product
If you’ve been injured or suffered a loss as the result of a defective product, there are a few things you should do as soon as possible.
First, seek medical attention. This is important to make sure that you properly treat any injuries and to adequately document your injuries. Second, keep the product and any related packaging, instructions, or other materials. Third, take photographs of the product, injuries, and the scene of the incident. Fourth, take a moment to write down the details of the incident, so you’ll have documentation of exactly what happened even if your memory fades over time. Finally, get the names and contact information of all witnesses.
Contact Louisiana Product Liability Experts
If you’ve suffered a loss as the result of a product defect, you might be entitled to compensation. At Saunders & Chabert, our team of personal injury lawyers is experienced in bringing product liability lawsuits and getting our clients compensation for their losses.
To learn more about your options, call us today at (225) 771-8100 or contact us online. We’ll review your case, outline your options, and make sure you get the compensation you deserve.