When a product that was supposed to be safe injures you, the harm often goes beyond the physical pain. You may be facing medical bills, time away from work, and questions about whether a product defect caused your injuries. Louisiana law gives injured consumers a path to hold manufacturers accountable, but these claims have specific legal requirements and take careful preparation.
At Chaz Roberts Law, we help people throughout Lafayette and Acadiana pursue compensation after defective product injuries. Call (337) 504-3202 to speak with a member of our product liability team about your case.
How the Louisiana Products Liability Act Applies to Your Claim
Product liability claims in Louisiana are governed by the Louisiana Products Liability Act (LPLA). The LPLA is the exclusive way to bring a claim against a manufacturer for damage caused by its product, and it limits recovery to four specific theories.
To succeed, you must prove that the product was unreasonably dangerous under one of these four theories, that the dangerous characteristic caused your damages, and that those damages arose from a reasonably anticipated use of the product by you or someone else. Additional requirements apply depending on the theory.
Defects in Construction or Composition
A product is unreasonably dangerous in construction or composition when, at the time it left the manufacturer's control, it deviated materially from the manufacturer's own specifications or from otherwise identical products. This kind of defect usually affects a single unit or batch, such as a contaminated food product or a tire with a flawed internal structure.
Defective Design
A design defect claim generally requires proof that an alternative design capable of preventing the harm existed when the product left the manufacturer’s control. The likelihood and severity of the harm must also outweigh the burden of adopting that design and any adverse effect on the product’s usefulness.
Inadequate Warnings or Instructions
A warning-defect claim may arise when a manufacturer fails to use reasonable care to provide an adequate warning about a product characteristic that can cause harm. Manufacturers may also have a duty to warn about dangers discovered after the product leaves their control. Whether a warning was required and adequate depends on the circumstances.
Failure to Conform to an Express Warranty
A product is also unreasonably dangerous if it doesn't conform to an express warranty the manufacturer made about it, and that representation induced the buyer or user to rely on it and caused the harm.
Who May Be Responsible When a Product Causes Harm
Under the LPLA, the primary defendant in a product liability claim is the "manufacturer," a term the statute defines broadly. Depending on the facts, potentially responsible parties can include:
- The product's manufacturer: The company that made the finished product.
- A component part manufacturer: The maker of a specific part, such as brakes or a battery, that failed and caused the injury.
- Seller that qualifies as a manufacturer: A company that labels a product as its own or exercises control over or influences the design, construction, or quality characteristic that caused the injury.
A retailer or distributor that does not qualify as a manufacturer may still face a separate claim in limited circumstances. An attorney can evaluate whether the seller’s own conduct provides a basis for liability.
Steps to Take After Suffering a Defective Product Injury
What you do after a product injury can protect both your health and your claim.
- Get medical attention right away, even if your injuries seem minor at first.
- Stop using the product. If it can be preserved safely, do not repair, alter, clean, or discard it. Ask your attorney about safe storage and inspection if the product poses an ongoing hazard.
- Save the packaging, instructions, receipts, and any warnings that came with it.
- Photograph the product, the scene, and your injuries.
- Write down what happened while the details are fresh, including how you were using the product.
- Avoid giving a recorded statement or accepting a settlement from the manufacturer or its insurer before getting advice.
- Call Chaz Roberts Law at (337) 504-3202 for a free case review so we can preserve the product and begin investigating.
Product Recalls and Your Right to Pursue a Claim
A product recall can help identify a safety problem, but you do not need a recall to bring a product liability claim. Louisiana law bases manufacturer liability on the product’s unreasonably dangerous characteristics and the other required elements, not on whether a recall was issued.
You can check the U.S. Consumer Product Safety Commission’s recall database to see whether a consumer product has been recalled and review the notice for details about the hazard and recommended action.
A recall notice may help your attorney investigate the product’s safety history, but it does not establish liability on its own.
Louisiana Filing Deadlines for Product Liability Cases
For injuries occurring on or after July 1, 2024, Louisiana generally gives injured people two years from the date the injury or damage is sustained to file a product liability lawsuit. Earlier injuries generally fall under the former one-year deadline.
Exceptions can affect how the deadline is calculated, so it is important to have an attorney review your circumstances promptly. Product investigations can take time, and waiting can make evidence harder to preserve.
Damages Available in a Louisiana Product Liability Case
If you were hurt by a defective product, you may be able to recover compensation for:
- Past and future medical expenses
- Lost wages and loss of future earning capacity
- Physical pain and suffering
- Mental anguish and emotional distress
- Scarring or disfigurement
- Loss of enjoyment of life
- Property damage caused by the product
When a defective product causes a death, surviving family members may be able to pursue wrongful death and survival claims. Claims involving damage only to the defective product itself may involve different legal remedies than claims involving physical injuries.
Why Injured Clients Turn to Chaz Roberts Law
At Chaz Roberts Law, we investigate what happened, evaluate potentially responsible parties, and build claims supported by the evidence. We also take time to understand how your injuries affect your health, work, and daily life so your claim reflects more than your immediate medical bills.
Clear information matters, too. In a guest appearance on Ask the Expert with Steve Sleeper, Chaz Roberts Law discussed the challenges injured people face, including pain and emotional suffering after an accident. That commitment to helping people understand their situation carries into how we explain your options and answer your questions.
Speak With a Lafayette Product Liability Lawyer About Your Case
If a defective product injured you or someone you love, Chaz Roberts Law can review what happened and explain your options. Call (337) 504-3202 or contact us online to schedule a free consultation.
Louisiana Product Liability FAQs
Do I need a product recall to file a product liability claim in Louisiana?
No. A recall can support your claim, but it isn't required. You must still show that the product was unreasonably dangerous under one of the LPLA's four theories and that this caused your injury.
What should I do with the product that injured me?
Keep it in its current condition. Don't repair it, clean it, or throw it away, and store it somewhere safe along with the packaging, receipts, and instructions. The product itself is often the most important piece of evidence, because experts may need to inspect and test it.
Can I file a claim if someone else bought the product?
Potentially. You do not have to be the person who purchased the product to bring a claim. A gift recipient, family member, or bystander may have a claim if the injury arose from a reasonably anticipated use of the product by that person or someone else and the other LPLA requirements are met.
Can a store that sold the product be held responsible?
Generally, the LPLA places liability on the manufacturer rather than on a retailer that simply sold the product. A seller can face liability in limited circumstances, such as when it acts like a manufacturer or knew the product was defective, so it's worth having an attorney review who the right defendants are.
What if a defective product caused a loved one's death?
Certain surviving family members may be eligible to pursue a wrongful death claim for their own losses and a survival claim for the injuries and losses their loved one suffered before death. Louisiana law determines who may bring each claim and the applicable filing deadline. Because these rules differ from ordinary personal injury claims and have changed in recent years, speak with an attorney promptly.
