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Understanding Louisiana product liability

At Lundy, Lundy, Soileau & South, LLP, in Louisiana, we know that defective products hurt thousands of Americans every year. This is despite the fact that product manufacturers and distributors owe a duty to you and other consumers to make sure that their products are reasonably safe to use and to provide labels and/or documentation that warn you of a product's potential dangers.

As FindLaw explains, all product liability lawsuits are based on some form of negligence. In other words, the product's manufacturer and/or distributor owed a duty to you and somehow breached that duty, causing you to suffer personal injury and/or property damage.

Types of product liability lawsuits

Product liability lawsuits generally fall into the following four categories:

  1. Design defect: The product's design caused an inherent danger in its use that outweighs any benefits the product may offer.
  2. Manufacturing defect: The product line itself is not inherently dangerous, but the particular product you bought and used was because it was improperly manufactured.
  3. Failure to warn: The manufacturer and/or distributor failed to properly warn you of the dangers associated with the product's use.
  4. Breach of express warranty: The manufacturer's warranty led you to buy and use the product, but the warranty representations were false.

Statute of limitations

Under Louisiana law, you have only one year from the date of your injury to file your product liability lawsuit for personal injury. However, be aware that this one-year time limit is based on the time at which you knew or reasonably should have known that the product's defect was the cause of your injury.

Damage limitations

A product liability lawsuit is a civil court action in which you seek money damages as compensation for your injuries. Louisiana is a comparative fault state, meaning that if you were partially responsible for your injuries, the amount of your damages likely will be reduced by the percentage amount representing your own fault. For more information on this subject, please visit this page of our website.

 

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Lundy Lundy Soileau & South, LLP

Main Office: 501 Broad Street Lake Charles, LA 70601 | Phone: 337-439-0707

Mailing Address: PO Box 3010 Lake Charles, LA 70602 | Fax: 337.439.1029