Claims can be brought under the Louisiana Products Liability Act against anyone in the chain of design, manufacturing, distribution and sales of defective or dangerous products. This is important as many products are designed by one company, manufactured by another, distributed by a third and finally sold by a fourth. If an injured party can point to a defect or injury occurring at any of those points which is one of the four covered categories of claims (design, manufacture, inadequate warnings, or breach of warranty), then a claim may be asserted under the Louisiana Products Liability Act against more than just the manufacturer.
Once it is determined that a claim can be asserted under the Louisiana Products Liability Act, it is important to know what kinds of damages can be recovered. Louisiana precludes the recovery of punitive damages against manufacturers under the Louisiana Products Liability Act. However, an injured party may recover for a range of things through a successful claim under the Louisiana Products Liability Act. Injured parties may recover for past medical bills, lost wages, pain and suffering, future foreseeable medical expenses, future loss of enjoyment of life, loss of ability to work, or any other articulable damage that can be attributed to the injury caused by the defective product.
To recover under the Louisiana Products Liability Act, the plaintiff has the burden to prove the following four elements: (1) There was an injury or loss suffered; (2) The product is defective; (3) The defect caused the injury or loss, and (4) the product was being used as it was intended.
If you or a loved one has suffered a personal injury, learn about your legal rights from an experienced New Orleans personal injury attorney by filling out our free, no obligation case review form located on this website.
Other Product Liability News
The Louisiana Legislature has passed a ban on kratom. Despite divided opinions, SB154 passed with bipartisan support, reflecting rising concern over kratom’s growing toll on Louisiana residents.
As more local governments in Louisiana and throughout the country realize the dangers of kratom, officials are moving to regulate its use or even ban it altogether.
Those who have lost loved ones to kratom-related fatalities are filing kratom lawsuits against manufacturers and retailers, claiming they failed to warn consumers of the risks.
At HKGC we are deeply committed to seeking justice for families devastated by the dangers of unregulated products like kratom. We recently filed one of the first kratom wrongful death lawsuits in Louisiana.
On October 30, 2024, after receiving the results of a toxicology report concerning a 36-year-old woman who died in his district, St. Tammany Parish coroner Christopher Tape made a public plea to residents to recognize that kratom can be lethal.
Anyone with a baby can tell you how desperate they were for a good night’s rest, which is why infant loungers appeal to so many caregivers. But many have no idea of the hidden danger of infant loungers.
