Product Liability Defense

A: A product liability claim is a legal claim to damages resulting from injury or property damage as a result of a defective product. There are several different kinds of product liability claims, each dependent on how the injuries happened and the circumstances surrounding the defective product. Strict Liability cases deal with the product itself, while negligence cases focus on the actions of the manufacturer that contributed to the injury. Breach of Warranty claims are based on claims that the distributor, manufacturer, or retailer has reneged on their responsibilities that are outlined in the warranty that was supplied with the product in question.

A: The LPLA limits the plaintiff to one year after damage or injury to file their claim. With the discovery rule, however, the clock doesn’t start until the plaintiff knows or should reasonably have known about the correlation between the product and their injury or property damage. This rule makes time frames flexible, but they cannot be stretched indefinitely. Your attorney will be able to advise you on the statute of limitations and how it relates to the claim against you.

A: The court will determine to which degree the defendant is at fault for harm or injuries, which can reduce the possible awarded compensation. If the defendant is found 90% at fault, the total damages will be reduced by 10%. In addition, Louisiana courts do not follow the economic loss rule like other states and a claim can still be pursued even if damage occurred to only the physical product.

A: In Louisiana, a product liability claim will carry its weight in court if it can be proven that the product is unreasonably dangerous. Design flaws, construction defects, inadequate warnings, and failure to conform to the product warranty are all ways that a plaintiff can prove their claim.

A: Your attorney will gather all evidence against you and the product in question, helping to build the defense for your case. The main objective of the defense is to negate the claim against you, which can take different forms. The experienced legal professionals at the Hightower Law Firm have experience defending individuals and corporations from legal claims of defective products and can fully represent you in court. The case against you or your business can be minimized or eliminated through the following defenses:

              -Expired Statute of Limitations

              -Lack of Standing or No Right to Sue

              -No Duty Owed or Action Within Reason

              -Modification/Manipulation/Misuse of the Product

              -Assumption of Risk

              -Louisiana’s Comparative Negligence Rule

Q: What products does the LPLA cover for a product liability claim?

A: The LPLA provides the consumer with safeguards against defects in most physical products, including household products, children’s car seats, vehicles, toys and games, cell phones and other technology, medical devices or supplies, prescription or OTC drugs, and any other product that is sold or distributed to consumers.