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.