What Clients Need to Know about Louisiana Products Liability Law and how it Affects Asbestos Litigation
Harrell & Nowak handles cases involving serious car accident injuries, truck accidents, medical malpractice, slips and falls, toxic exposures – any personal injury caused by the fault of someone else. We are recognized as one of the leading firms for personal injury, asbestos, and products liability litigation. The reason that the topic of products liability is important is because the theory bleeds into multiple issues, including car accidents, malpractice, and it is the key legal theory in asbestos cases. Products liability lawsuits may be filed against the person or company who made the product that exposed a person to asbestos.
It should be noted however, that the Louisiana Products Liability Act (“LPLA”), which is codified in Louisiana Revised Statute section 9:2800.51, et seq., holds the exclusive theories of liability for defective products causing injury in Louisiana. In effect, the Act has a protective effect over manufacturers. The Act states that a manufacturer is liable if the damages caused were “proximately caused by an unreasonably dangerous characteristic of a product when such damage arose from a reasonably anticipated use of the product.“ See La. Rev. Stat. 9:2800.54.
The Louisiana Products Liability Act lists out four ways in which a product may be “unreasonably dangerous”:
- Unreasonably dangerous in construction or composition ( Rev. Stat. 9:2800.55)- this means that the product deviated from the “manufacturer’s specifications or performance standards” after it left the manufacturer’s control.
- Unreasonably dangerous in design ( Rev. Stat. 9:2800.56)- This means that an alternative design existed capable of preventing injury at the time the product left the manufacturer’s control. Manufacturers are not liable if they did not know of an alternative, safer, design at the time they put the product into the market.
- Unreasonably dangerous because of an inadequate warning ( Rev. Stat. 9:2800.57)- However, warning is not required when the product is not dangerous “to an extent beyond that which would be contemplated” by a reasonable person.
- Unreasonably dangerous for not conforming to an express warranty ( Rev. Stat. 9:2800.58)– This means that the express warranty “induced the claimant to use the product and the damage was proximately caused because the express warranty was untrue.”
- The Act does not hold liable providers of professional and non-professional services, producers of fruit and agricultural products, ranchers and farmers and manufacturers of firearms. While the Act does limit who may recover for injuries, the Louisiana Court of Appeals has held that the LPLA applied to asbestos products liability actions filed after effective date of the Louisiana Products Liability Act.
Get Legal Help if You Have Been Injured in Louisiana
Injuries caused by defective products or asbestos impose substantial hardship on the victims as well as their loved ones. Harrell & Nowak zealously represents people who have suffered injuries. We have recovered millions of dollars in settlements and verdicts on behalf of clients, and a success rate of 90% in our litigation. If you have or a loved one has been injured contact our New Orleans injury law firm today for a free, confidential consultation.