There are thousands of instances every year where people are injured or killed by dangerous products. Dangerous product claims in Louisiana are governed by the Louisiana Products Liability Act. There are four different types of claims which can be brought under the Louisiana Products Liability Act for products which are unreasonably dangerous. They are:
- 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.
Where dangerous construction normally applies to single products or a particular batch of products, defective design and inadequate warnings can cover the entire production and distribution of a product, which also means that there may be others who have brought similar claims under the Louisiana Products Liability Act, and on should always look to see if there has been a class action or other mass tort brought against a manufacturer or other defendant under the Louisiana Products Liability Act covering similar claims.
Under the Louisiana Products Liability Act, a claim must be brought within one year of the injury or incident. However, there is something called the discovery rule, which applies in Louisiana to situations where an injury occurred in such a way that it was not possible to know that it was caused by a defect in the product, then the time to bring a claim may be counted one year from the date of discovery that the injury was in fact caused by a defective product. This can happen where there may be toxic exposures due to a defective design or construction, and the injury does not manifest externally for some time after the exposure occurs.
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.