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Holding a Manufacturer Liable for Injuries Caused by a Dangerous Product

The Louisiana Products Liability Act allows injured people to pursue claims against product manufacturers for injuries that result from using a defective product. In this context, “manufacturers” refers to any person or entity that produces, designs, fabricates, sells, or refurbishes a product.

Accordingly, a manufacturer does not have to be the primary maker of a product to bear civil liability—for example, the companies who package or label products for sale could be considered manufacturers.

Under Louisiana Revised Statutes (RS) §9:2800.54, product manufacturers may be liable to injured consumers when a product proximately causes damages. However, it falls to the injured party to demonstrate how the characteristics of that product made it unreasonably dangerous. Consequently, many people choose to work with a dedicated defective product attorney in Marksville to more efficiently collect evidence of harm, document product failure, and work to demonstrate a product maker’s liability.

Possible Recoverable Damages in Product Liability Cases

You could be eligible to receive both economic and non-economic damages from the negligent party in your product liability case.

Economic damages are those that have taken a financial toll on you since the incident, including:

  • Past & future medical costs (e.g., hospitalization, surgeries, assistive medical devices, prescription medications, rehabilitation, etc.)
  • Lost income (e.g., days you missed from work due to your injuries)
  • Lost earning capacity (e.g., due to your injuries, you could no longer perform your current job duties and you had to take a lower-paying job)
  • Other out-of-pocket expenses

Non-economic damages are those that are less tangible and have taken an emotional toll on you since the incident, including:

  • Pain and suffering
  • Mental anguish
  • Disfigurement or scarring
  • Loss of enjoyment (e.g., hobbies, activities you enjoyed prior to the incident)
  • Loss of consortium (e.g., if you lost a loved one due to the defective product)

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Types of Product Liability You Can Sue For

A product could be considered unreasonably dangerous due to its construction or composition, flawed product design, inadequate safety warnings, or violation of the manufacturer’s express warranty. For a strong claim along any of these lines, the plaintiff—or their Marksville defective products lawyer—must demonstrate that the danger in question existed when the product left the manufacturer’s control.

Construction or Composition

A product may be unreasonably dangerous due to its construction or composition. This means that a product was designed safely, but a defect appeared during the construction of a product.

Design

A product’s design may be unreasonably dangerous if there is a likelihood of harm when the product is used without any modification. When hearing a claim alleging a product’s defective design, the court may consider if there was an alternative design that may have prevented a consumer’s injuries.

Inadequate Warnings

A case based on inadequate warnings centers around a manufacturer’s failure to adequately provide a warning about a potential danger associated with proper use of their product. Even if the manufacturer learns of potentially harmful characteristics after a product has left their control, it is still within their duty to reasonably provide consumers with adequate warnings. Failing to do so could lead to liability for damage and injuries.

Violation of an Express Warranty

RS §9:2800.58 sets forth the circumstances under which a product may be unreasonably dangerous due to the violation of an express warranty. An express warranty is a statement that asserts a product will work in a certain way. If consumers use the product based on this statement, but the statement is not true, the manufacturer could be held liable for any damages that occur as a result.

Proving Strict Liability in a Defective Product Case

Product liability cases could be based on negligence or strict liability. Any of the three defects could be used as evidence in a negligence case. Plaintiffs would need to prove that the defendant owed a duty of care to them, breached that duty, and caused the victim’s injuries.

In strict liability cases, plaintiffs are not required to prove duty of care. A product liability plaintiff in Avoyelles Parish could hold a defendant strictly liable if they show that the product was sold under an unreasonably dangerous condition, that the seller intended the product to reach the consumer without any material changes, and that the defective product injured the plaintiff.

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Comparative Fault in Louisiana

Under Louisiana Civil Code (CC) §2323, product defect victims in Avoyelles Parish may seek recovery for their personal injuries related to a defective product, as long as they are less than 51% at fault for causing their injuries.

Louisiana now follows a modified comparative fault system, meaning the plaintiff’s overall recovery is reduced by their percentage of fault. For example, if a plaintiff is injured by a product and is found 40% at fault, their damages would be reduced by 40%. However, if they are 51% or more at fault, they cannot recover any compensation.

Client Testimonials Hear from locals like you.

Renee McCaslin goes above and beyond to help the clients. Her attention to detail is unmatched! Her kind heart and sweet spirit both go a long way in ...

Renee McCaslin goes above and beyond to help the clients. Her attention to detail is unmatched! Her kind heart and sweet spirit both go a long way in making you feel heard and cared for. And, she’s, like, really pretty!

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Sylvia Roy

New Iberia

I am able to witness Karely Cornwell handle calls from people who are in need of Laborde Earles services. She is always polite and professional. I thi...

I am able to witness Karely Cornwell handle calls from people who are in need of Laborde Earles services. She is always polite and professional. I think it’s safe to assume that the majority of people who call in are stressed and to have someone who is calm and kind taking the call is a great representation of the company.

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Debbie Fontenot

Marksville

Elizabeth Lachney was super helpful in explaining a lot of things i didnt understand about my case. Very respectful and seemed so welling to help me! ...

Elizabeth Lachney was super helpful in explaining a lot of things i didnt understand about my case. Very respectful and seemed so welling to help me! She is the best, I 1000% recommend her if you have any questions!

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skylar bachman

New Iberia

Love Laborde Earle's. They're dependable lawyers that let you know you can trust them. I would specifically recommend Derek Hebert. He's a great attor...

Love Laborde Earle's. They're dependable lawyers that let you know you can trust them. I would specifically recommend Derek Hebert. He's a great attorney who is extremely knowledgeable and you'll never doubt that he'll get the job done!

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Kaitlin H.

Toni is an absolute professional. She consistently goes above and beyond for her clients, ensuring every detail is handled with care and precision. He...

Toni is an absolute professional. She consistently goes above and beyond for her clients, ensuring every detail is handled with care and precision. Her communication is clear, and she truly cares about delivering results. I couldn’t recommend her more highly!

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Mimi

Lake Charles

Michelle Brouillette is always so pleasant whenever I call or stop by the office. She always has a smile on her face.

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Christine G.

Jourdan is an outstanding paralegal! She is knowledgeable, organized, and truly cares about the clients she works with. Every interaction I’ve h...

Jourdan is an outstanding paralegal! She is knowledgeable, organized, and truly cares about the clients she works with. Every interaction I’ve had with her has been positive — she takes the time to explain things clearly and makes the process much less stressful. Laborde Earles Law Firm is lucky to have someone like Jourdan on their team. I would highly recommend both Jourdan and the firm to anyone looking for trustworthy and reliable legal support.

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Matt Picard

New Orleans

Over the past 3 years I have encountered one of the best Law Firms in Laborde Earles Injury Lawyers which have been handling my Lejeune Contaminated T...

Over the past 3 years I have encountered one of the best Law Firms in Laborde Earles Injury Lawyers which have been handling my Lejeune Contaminated Toxic Water Claim. Mr. John Chaillot has been instrumental in advising me on documentation, timelines, and all matters pertaining to my case. A true professional and appreciated. Thank you.

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Stephan C.

Elizabeth Lachney I absolutely hands down the best. She is very professional, knowledgeable and most importantly she is very respectful. She is one re...

Elizabeth Lachney I absolutely hands down the best. She is very professional, knowledgeable and most importantly she is very respectful. She is one reason why we use Laborde Earles Law Firm. They make you feel like family!

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Tiffany Bardwell

New Iberia

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Following any injuries, qualified legal counsel could help explain how state laws regarding negligence apply to your situation. Call for a free consultation today to discuss your potential claim and take the first step towards a favorable outcome.

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