Every day, people in Louisiana rely on a wide variety of products to make their lives easier, safer, and more convenient. From household appliances to vehicles, medical devices, and prescription drugs, we trust that these products will function as intended.
But when a product fails due to a design flaw, manufacturing defect, or lack of proper warning, the consequences can be severe, often resulting in injuries, financial losses, or even fatalities. At Falcon Law Group, we’re here to help you seek justice when a product has failed you. Se Habla Español.
How Product Liability Works in Louisiana
Louisiana’s product liability laws are designed to protect consumers who are harmed by defective or dangerous products. Under the Louisiana Products Liability Act (LPLA), you may be entitled to compensation if a product was unreasonably dangerous due to one of the following:
- Design Defects: Flaws in the original design of a product, such as a piece of furniture that tips over easily or a vehicle with a faulty braking system.
- Manufacturing Defects: Errors that occur during production, like a pressure cooker that explodes due to a faulty seal or a blender that overheats and causes burns.
- Failure to Warn: Lack of proper safety instructions or hazard warnings, especially for medications, dangerous devices, or products that require careful use.
- Breach of Warranty: When a product does not perform as promised in its marketing or written materials, such as a vacuum cleaner that damages carpets instead of cleaning them.
Common Products Involved in Louisiana Claims
Many types of products can lead to liability claims, including:
- Faulty household appliances (heaters, blenders)
- Defective vehicle parts (airbags, brakes)
- Dangerous children’s toys
- Medical devices (pacemakers, hip implants)
- Prescription drugs with unreported side effects
Each case requires careful investigation to prove that the product was unreasonably dangerous and directly caused the injury.
Who Can Be Held Liable?
Liability may fall on:
- The manufacturer or designer of the product
- The distributor or retailer who sold the defective item
- Third-party contractors involved in production or maintenance
- Medical professionals or facilities if a defective medical device or drug caused harm
Louisiana law allows victims to pursue claims against any party whose negligence led to harm, whether through direct defects or systemic failures in care or distribution.
Louisiana’s Statute of Limitations
In Louisiana, the statute of limitations for product liability claims, including defective or malfunctioning products, medical devices, or prescription drugs, is generally one year from the date you discovered (or should have discovered) the injury and its connection to the product. This is known as the “discovery rule,” which delays the start of the clock until you have actual or constructive knowledge of the causal relationship between the device or drug and your injury.
For injuries occurring after July 1, 2024, the statute of limitations for mass tort actions, including product liability, is two years from the date the injury or damage was sustained. However, there is an absolute cutoff: no claim can be filed more than three years after the injury occurred, regardless of when it was discovered.
Comparative Fault and Compensation
Louisiana follows a modified comparative fault rule. If you are found to be 51% or more at fault for your injury, you cannot recover damages. If you are less than 51% at fault, your compensation is reduced by your percentage of fault. For example, if your total damages are $100,000 but you were 30% at fault, your award would be reduced to $70,000.
What Compensation Can I Receive?
Victims of product liability claims may be entitled to compensation for:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
- Punitive damages in cases of gross negligence
How We Can Help
At Falcon Law Group, we handle product liability claims with a focus on personalized attention and aggressive advocacy. We’ll help you identify all responsible parties, gather evidence, and fight for the compensation you deserve. Our contingency fee structure means you pay nothing upfront, we only get paid if you win your case.
Frequently Asked Questions
What should I do if I suspect a product caused my injury?
Seek medical attention immediately, preserve the product and any packaging, and contact a product liability lawyer as soon as possible.
Can I sue for a product that caused harm even if I wasn’t the purchaser?
Yes, Louisiana law allows anyone injured by a defective product to pursue a claim, regardless of who bought it.
What if the product was used as intended but still caused harm?
If the product was unreasonably dangerous even when used as intended, you may still have a valid claim.
How long do I have to file a product liability claim in Louisiana?
Generally, you have one year from the date you discovered the injury and its connection to the product. For injuries after July 1, 2024, the deadline is two years, with a three-year absolute cutoff.
Can I sue for a defective medical device or prescription drug?
Yes, you can pursue claims for defective medical devices and prescription drugs under Louisiana’s product liability laws.
What if I was partially at fault for my injury?
If you are less than 51% at fault, your compensation will be reduced by your percentage of fault. If you are 51% or more at fault, you cannot recover damages.
Get Legal Help Today
If you or a loved one has been harmed by a defective product, contact Falcon Law Group for a free consultation. Our experienced attorneys will help you navigate the complexities of Louisiana product liability law and fight for the justice you deserve.
Our personal injury attorneys proudly serve clients across Louisiana, including New Orleans, Baton Rouge, Lafayette, Lake Charles, Shreveport, and surrounding parishes.
