Were you or a loved one seriously injured by a defective product in New Orleans, Louisiana? Call The Law Office of John W. Redmann, L.L.C. for a free consultation at (504) 500-5000. Our New Orleans product liability lawyers can help you pursue compensation for your injuries and losses.
We have more than 30 years of experience and have won millions of dollars for our deserving clients since our founding. If you decide to hire us to represent you, our attorneys can guide you through each stage of the claims process and advocate on your behalf.
Why Hire the Law Office of John W. Redmann To Handle My Product Liability Claim in New Orleans, Louisiana?
Product liability claims may involve manufacturers, distributors, retailers, and their insurers, depending on the circumstances. Hiring The Law Office of John W. Redmann, L.L.C. will allow you to level the playing field. Our attorneys can investigate the product, gather evidence, identify potentially liable parties, and handle communications with the companies and insurers involved.
Here are some of the reasons our clients trust our New Orleans personal injury lawyers with these claims:
- Our legal team has over three decades of experience handling personal injury cases in Louisiana
- We have the resources to retain engineers and industry experts whose testimony can strengthen your case
- We’ve won awards from Martindale-Hubbell, The National Trial Lawyers, and other organizations for our outstanding work
- Our attorneys are experienced in the courtroom and will take your case to trial if the manufacturer refuses to offer a fair settlement
Contact our product liability lawyers in New Orleans, LA, today for a free consultation. We’ll do everything we can to help you secure the money damages you’re looking for.
Product Liability Law in Louisiana
Louisiana product liability claims are governed by the Louisiana Products Liability Act (LPLA), found at La. R.S. 9:2800.51 and the sections that follow. The LPLA provides the exclusive theories of liability against manufacturers for damage caused by their products.
What Must You Prove Under the Louisiana Products Liability Act?
To establish liability under the LPLA, an injured person generally must show that:
- The defendant qualifies as a manufacturer under the statute
- A characteristic of the product caused the person’s injuries
- The product was unreasonably dangerous in a way recognized by the LPLA
- The injuries arose from a reasonably anticipated use of the product
The LPLA recognizes specific ways a product may be considered unreasonably dangerous. The evidence needed to establish liability will depend on the type of defect alleged and the circumstances of the case.
Who Can Be Considered a Manufacturer Under Louisiana Law?
The LPLA’s definition of a manufacturer is not limited to the company that physically made the product. Depending on the circumstances, the definition can include certain entities that label a product as their own, exercise control over its design or quality, or sell certain foreign-manufactured products in Louisiana.
Identifying the appropriate manufacturer and establishing the required elements can involve technical evidence about the product’s design, manufacture, warnings, and use. A product liability attorney can investigate these issues and determine what evidence may support a claim.
What Types of Product Defects Can Lead to a Claim in Louisiana?
The LPLA recognizes four ways a product may be considered unreasonably dangerous. The requirements for proving a claim depend on the type of defect involved.
Construction or Composition Defects
Under La. R.S. 9:2800.55, a product may be unreasonably dangerous in construction or composition if, when it left the manufacturer’s control, it materially deviated from the manufacturer’s specifications or performance standards for the product or from otherwise identical products made by the same manufacturer.
This type of claim generally focuses on something that went wrong when the particular product was made.
Design Defects
La. R.S. 9:2800.56 addresses products that are allegedly unreasonably dangerous in design. Among other requirements, the claimant must establish that an alternative design existed that was capable of preventing the damage.
The law also considers whether the likelihood and gravity of the damage outweighed the burden of adopting the alternative design and any adverse effect the alternative design would have had on the product’s utility.
Inadequate Warnings
Under La. R.S. 9:2800.57, a product may be unreasonably dangerous because an adequate warning about the product was not provided. The statute also addresses circumstances in which a manufacturer may acquire or be presumed to have acquired knowledge of a dangerous characteristic after the product leaves its control.
Whether a warning was legally adequate depends on the circumstances and the requirements of the LPLA.
Breach of Express Warranty
La. R.S. 9:2800.58 applies when a product fails to conform to an express warranty made by the manufacturer, the warranty induced the claimant to use the product, and the claimant’s damage was caused because the warranty was untrue.
The requirements differ among these four types of claims. Our New Orleans product liability lawyers can review the circumstances surrounding your injury and explain which provisions of the LPLA may apply during a free consultation.
What Damages Can I Recover in a New Orleans Product Liability Case?
If your claim is successful, you may be entitled to both economic and non-economic damages. Together, these are known as compensatory damages and are intended to address the full scope of harm the defective product caused.
Economic damages cover your measurable financial losses, such as:
- Medical bills, current and future
- Lost wages
- Diminished earning capacity
- Out-of-pocket expenses tied to your care and recovery
Non-economic damages address the personal toll of your injuries, including:
- Pain and suffering
- Mental anguish and emotional distress
- Loss of enjoyment of life
- Scarring or disfigurement
- Loss of consortium
Louisiana does not generally allow punitive damages in civil cases. However, there are limited statutory exceptions depending on the facts and circumstances.
How Much Is My New Orleans Product Liability Case Worth?
The value of a product liability case depends on several factors, and no two claims are worth exactly the same amount. The extent of your damages is important, but liability, available evidence, and other circumstances can also affect the potential value of your case.
Factors that may affect what your product liability claim is worth include:
- The nature and severity of your injuries and their long-term effects
- The total amount of your economic and non-economic damages
- The strength of the evidence showing that the product was unreasonably dangerous
- Whether the evidence connects the product defect to your injuries
- Whether you share any fault for your injuries
- Whether multiple parties may be legally responsible
- The available insurance coverage and other potential sources of recovery
Evaluating these factors together can provide a better estimate of a claim’s potential value. We can review the circumstances of your case and discuss its potential worth during a free consultation.
What if I’m Being Blamed for My Product Liability Injuries in New Orleans?
Louisiana follows a modified comparative fault system. This means you can still recover compensation even if you are found to share some of the blame for the incident. Your damages will be reduced by your percentage of fault. However, if you are found 51% or more at fault, you cannot recover damages.
The lower your assigned fault, the more money stays in your pocket. Our product liability attorneys know how to counter the tactics opposing parties make and will fight to keep the focus on the manufacturer’s failure to deliver a safe product.
How Much Does It Cost to Hire a Product Liability Lawyer in New Orleans, LA?
Most product liability attorneys in New Orleans, including those with our law firm, work on a contingency fee basis. Instead of paying a flat fee or by the hour, you only pay attorney’s fees if you win your case.
This system is meant to benefit both sides. You can hire any lawyer you’d like for your case without regard for your current financial situation, and your attorney will be motivated to recover as much compensation as they can for you.
How Much Time Do I Have to File a Product Liability Lawsuit in Louisiana?
Louisiana’s prescriptive period for most personal injury claims is two years from the date of your injury. If you don’t bring your case to court within that timeframe, you could lose your right to recover any compensation whatsoever.
Note that there are exceptions to this time limit for some cases. The best way to ensure you take legal action appropriately is to reach out to our legal team for help as soon as you can.
Contact Our New Orleans Product Liability Attorneys for a Free Consultation
A defective product can cause injuries that change the course of your life. If a manufacturer puts a dangerous product into the hands of consumers, they should be held responsible for the harm it causes no matter what it takes.
The Law Office of John W. Redmann, L.L.C. has more than 30 years of experience and has recovered millions for our clients. Contact New Orleans product liability attorneys today to learn more and set up a completely free initial consultation.