Product Liability Cases We Handle
Product liability cases are not all built the same way.
A product may be manufactured incorrectly even though its overall design is safe. Another product may be made exactly as intended but have a dangerous design. In other cases, the product itself may perform as expected, but the manufacturer fails to adequately warn users about a risk.
Louisiana law treats those theories differently, which makes identifying how the product was allegedly defective an important part of evaluating a claim.
A manufacturing defect can occur when a particular product does not match the manufacturer's specifications or performance standards or differs from otherwise identical products made by the same manufacturer.
Louisiana law describes this as a product that is unreasonably dangerous in construction or composition.
Examples can involve:
Improperly assembled products
Faulty components
Contamination
Missing components
Manufacturing errors
Defects introduced during production
Products that fail to meet the manufacturer's own specifications
The distinction between a manufacturing defect and a design defect is important.
A manufacturing defect may affect a particular unit or production run even though the intended design itself is not defective. A design claim instead argues that the product was dangerous even when it was manufactured exactly as intended.
Preserving the actual product can be particularly important when a construction or manufacturing defect is suspected.
How Does Louisiana Product Liability Law Work?
Louisiana product liability claims are primarily governed by the Louisiana Products Liability Act, Louisiana Revised Statutes 9:2800.51 through 9:2800.60.
The Act establishes the theories under which a manufacturer can be liable for damage caused by a product.
Under the statute, a claimant generally must establish that the damage was proximately caused by a characteristic of the product that made it unreasonably dangerous and that the damage arose from a reasonably anticipated use of the product.
The LPLA recognizes four primary categories:
Construction or composition
Design
Inadequate warning
Failure to conform to an express warranty
The statute also provides that these theories establish the exclusive theories of liability against manufacturers for damage caused by their products under the Act.
That makes identifying the alleged defect much more important than simply proving that someone was injured while using a product.
What Is a Reasonably Anticipated Use?
Louisiana's product liability law does not require that an injured person use a product in only one exact way envisioned by its manufacturer.
Instead, the LPLA uses the concept of “reasonably anticipated use.”
The statute defines this as a use or handling of a product that the manufacturer should reasonably expect an ordinary person in the same or similar circumstances to make.
This can become an important issue when a manufacturer argues that the injured person misused the product.
The mere fact that a product was used differently from written instructions does not necessarily answer the question. The analysis can include whether the particular use or handling was something the manufacturer should reasonably have anticipated.
Who Can Be Responsible for a Defective Product Injury?
Product cases can involve multiple businesses between the manufacturer and the person who ultimately uses the product.
The Louisiana Products Liability Act focuses primarily on manufacturer liability, and its definition of manufacturer can extend beyond the company physically assembling the product in certain circumstances.
Depending on the facts and applicable law, the investigation may involve:
Product manufacturers
Component manufacturers
Companies that exercise control over manufacturing or product characteristics
Certain sellers that meet the statutory definition of a manufacturer
Other parties whose separate conduct contributed to the injury
The companies involved should not be assumed based solely on the brand name printed on the product.
Corporate relationships, component sourcing, manufacturing records, product labeling, distribution information, and the specific defect alleged can all affect which entities need to be investigated.
What Evidence Matters in a Product Liability Case?
Product liability cases can depend heavily on technical and physical evidence.
Depending on the product and alleged defect, relevant evidence may include:
The product itself
Packaging
Labels and warnings
Instructions and manuals
Receipts or proof of purchase
Product model and serial numbers
Photographs and video
Maintenance and repair records
Medical records
Product testing
Design documents
Manufacturing specifications
Internal company records
Prior complaints or incident reports
Recall information
Regulatory records
Expert inspection and testing
The physical product can be especially important.
If a vehicle component, appliance, tool, medical device, or other product is discarded, repaired, altered, or destroyed after an accident, potentially valuable evidence about how and why it failed may disappear with it.
When possible, a product suspected of causing an injury should be preserved in substantially the condition it was in after the incident rather than repaired, dismantled, returned, or thrown away before the potential claim is evaluated.
Does a Product Recall Prove the Manufacturer Is Liable?
No.
A recall can be important evidence, but the existence of a recall does not automatically establish that a particular injury was caused by a legally actionable product defect.
Likewise, the absence of a recall does not necessarily mean a product cannot be defective.
A recall may help identify a known problem, affected models or production periods, corrective measures, or information discovered after the product entered the market.
But an individual claim still requires evidence connecting the alleged defect to the product involved and the injury suffered.
For this reason, identifying the exact model, serial number, lot number, manufacture date, or other product information can be particularly important when a recall or safety notice exists.
What If a Product Was Used at Work?
A defective product injury can also happen on the job.
Industrial machinery, construction equipment, power tools, vehicles, safety equipment, and other products can cause serious workplace injuries when they fail.
An employee may have workers' compensation rights through the employer while also potentially having a separate product liability claim against a manufacturer or another responsible third party.
The two claims are not necessarily interchangeable.
Workers' compensation focuses on benefits available because the injury occurred in the course of employment. A product liability claim focuses on whether the product was legally defective and whether that defect caused the injury.
Determining exactly what failed and which company designed, manufactured, or supplied the relevant component can therefore reveal potential claims beyond workers' compensation.
How Long Do You Have to File a Product Liability Claim in Louisiana?
Louisiana product liability claims are subject to prescription rules that can depend on the circumstances and date of the injury.
For many product-related personal injury claims arising under current Louisiana law, Civil Code Article 3493.1 provides a two-year prescriptive period beginning on the day the injury or damage is sustained. The two-year provision became effective July 1, 2024.
Older injuries may be subject to different rules.
Product cases can also involve additional timing issues. Some injuries develop after repeated exposure or use, and cases involving pharmaceuticals or implanted medical devices may raise questions about when an injury occurred or became known.
The applicable deadline should therefore be evaluated based on the particular product, injury, dates, and claims rather than assuming every case follows the same timeline.
There is another practical reason to act earlier than the legal deadline: the product itself may be the most important piece of evidence in the case.
What If You Were Partially Responsible for the Injury?
Manufacturers may argue that an injured person used a product incorrectly, ignored instructions, modified it, or otherwise contributed to the accident.
Louisiana's comparative fault law can therefore become relevant.
For injuries governed by Louisiana's law effective January 1, 2026, a person who is 51% or more at fault generally cannot recover damages. If the injured person's share of responsibility is less than 51%, recoverable damages are generally reduced by that percentage.
That makes it important to distinguish between genuinely unforeseeable misuse and a use the manufacturer reasonably should have anticipated.
The product's design, warnings, instructions, actual use, and circumstances surrounding the injury can all become part of that analysis.
What Compensation May Be Available After a Defective Product Injury?
There is no standard settlement amount for a product liability claim.
The value depends on the nature and severity of the injury, medical treatment, future needs, financial losses, available defendants, strength of the evidence, and other circumstances.
Depending on the claim, damages may involve:
Medical expenses
Future medical treatment
Lost wages
Loss of future earning capacity
Physical pain and suffering
Mental and emotional suffering
Disability or physical limitations
Scarring or disfigurement
Rehabilitation
Property damage
Loss of consortium
Wrongful death damages when a defective product causes a fatal injury
A defective product can cause anything from a relatively limited injury to burns, amputations, brain or spinal injuries, organ damage, or death.
The appropriate evaluation should focus on the actual consequences of the defect and the harm it caused, not simply the type or price of the product involved.
What to Do If You Were Injured by a Dangerous or Defective Product
Preserving evidence can be particularly important after a product-related injury.
If possible:
Get appropriate medical care. Address the injury first and make sure the circumstances are accurately documented.
Keep the product. Do not throw it away, return it, repair it, or allow someone to alter it if it can be safely preserved.
Preserve packaging and instructions. Boxes, warning labels, manuals, inserts, and other materials may contain relevant information.
Document identifying information. Photograph model numbers, serial numbers, lot numbers, labels, and other product markings.
Take photographs and video. Document the product, damage, accident location, and visible injuries when appropriate.
Keep proof of purchase when available. Receipts, online orders, warranty information, and other records can help identify when and where the product was obtained.
Save communications. Preserve messages with the manufacturer, seller, healthcare provider, employer, or other parties concerning the product or injury.
Do not assume a recall is required. A product can potentially be defective even when no recall has been issued.
Consider having the product evaluated before it is altered. Physical evidence can become central to determining how a product failed.
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Frequently Asked Questions About Product Liability in Louisiana
Injured by a Dangerous or Defective Product?
Determining why a product caused an injury can require much more than identifying what broke. Its design, manufacture, warnings, intended and reasonably anticipated uses, and the evidence preserved after the incident can all affect whether a claim exists.
Hair Shunnarah represents people throughout Louisiana who have suffered serious injuries involving defective products, dangerous drugs, and medical devices. We can investigate what happened, identify the companies involved, and evaluate the claim under Louisiana law.
Free consultation. No attorney fee unless we win your case.