What is Product Liability?
Louisiana law is complex with regard to claims of product liability. Under Louisiana law, a product manufacturer has a duty to ensure that its products are free from defect. The Louisiana Products Liability Act provides the exclusive theories of liability against manufacturers for damage caused by their defective products. Under the Act, the manufacturer of a product shall be liable for damage proximately caused by a characteristic of the product that renders it unreasonably dangerous, provided that such damage arose from a reasonably anticipated use of the product by the claimant or another person or entity.
A product is unreasonably dangerous under the LPLA if and only if:
- The product was unreasonably dangerous in construction of composition, at the time it left manufacturers control;
- The product was unreasonably dangerous in design, at the time the product left the manufacturers control;
- The product was unreasonably dangerous at the time it left the manufacturers control because an adequate warning about the product has not been provided, or the manufacturer acquired or should have acquired knowledge of the dangerous characteristics of the product since the product left the manufacturers control, and failed to provide a reasonable warning after obtaining such information; or
- The product is unreasonably dangerous because it does not conform to an express warranty of the manufacturer about the product, and the express warranty induced the plaintiff to use the product in a way that caused plaintiffs injuries.
As you can see, Louisiana law surrounding product liability claims is convoluted, which is one reason why it is important that you timely consult with a lawyer or law firm if you believe you have been injured as a result of a defective product or unreasonably dangerous product.
In addition to liability cases stemming from a defective product, product liability claims may also arise in instances where the manufacturer failed to properly warn the consumer of the dangers associated with its product. In such instances, the case may ultimately turn on the reasonableness of the manufacturer's conduct as it relates to the warning notice given to consumers. Of course, in cases involving these types of product liability claims, i.e., failure to warn cases, it is imperative that you consult with a knowledgeable attorney or law firm who can apprise you of your legal rights and the state of the law at issue. The Voorhies Law Firm has represented clients throughout Louisiana, handling personal injury cases stemming from defective and unreasonably dangerous products.
The consumer products involved in product liability cases vary greatly and may include those dealing with defective pharmaceutical products and defective drugs (such as Ambien, Accutane, Avandia, Celebrex, Paxil, Mobic and Viagra, etc.), medical device product defects (DePuy Hip cases, defective knee replacement, etc.), children's toys, automobile defects (tire defect, seatbelt defect, airbag defect and car roll-over worthiness), oil field equipment defects, elevator and manlift defects, industrial equipment defects, chemical defects and a litany of other consumer product defects.
Unfortunately, all too often, the injuries stemming from a defective product and/or unreasonably dangerous consumer product are catastrophic in nature. If you or someone you love has suffered injury as a result because of a defective product, call The Voorhies Law Firm today and receive a free consultation. The Voorhies Law Firm has the resources, experience and knowledge to assist you in prosecuting your products liability case through settlement or trial.
Contact a New Orleans Personal Injury Attorney
The Voorhies Law Firm has the resources, experience and knowledge to assist you in prosecuting your products liability case through settlement or trial. Contact us today!