Product Liability

Product liability refers to the simple fact that if a company produces or distributes a dangerous, defective product, they are liable for any injuries that result.


Product liability can be a factor in:

  • Accidents caused by automobile & truck tire defects
  • Injury or death caused by defective medical devices or pharmaceutical drugs
  • Vehicle roll-over accidents involving SUVs or ATVs
  • Injury to a child caused by a defective or dangerous toy
  • Workplace injuries caused by defective equipment or tools

Louisiana Products Liability Act
Product liability claims are, in general, covered under the Louisiana Products Liability Act (LPLA). Under the Louisiana Products Liability Act, manufacturers can be held liable for a product that is "unreasonably dangerous" in one of the following ways:

  • in its construction or composition
  • in its design
  • because the manufacturer fails to provide a proper and sufficient warning of hazards
  • because it does not conform to an express warranty made by the manufacturer

A person who is injured by a dangerous product may be entitled to compensation for damages including:

  • Compensatory Damages - Compensatory damages may include compensation for medical expenses, reimbursement of lost wages, and reimbursement for property damaged as a result of the defective product.
  • Loss of Consortium - If the injury caused by a product defect results in the deprivation of the benefits of a family relationship, you and your spouse may be able to recover these damages.

Defective Products in the Workplace
When a workplace injury is caused by a defective product such as a piece of machinery, a tool, or other equipment, a third-party negligence suit may be brought against the manufacturer of the defective product. In such cases, a product liability claim may be made concurrent with a Worker's Compensation claim.


Duty to Provide Safe Products
Manufacturers have a duty to provide safe products. When they breach that duty, they jeopardize the health, safety, and lives of innocent consumers. Product liability laws exist to protect consumers by making manufacturers liable for the injuries their products cause.


Contact a Product Liability Lawyer

If you or a loved one has been seriously injured by a defective product, you should seek counsel from an experienced product liability lawyer. The Louisiana product liability lawyers of Blackwell & Associates can evaluate your case and help you assess your options for claiming the compensation to which you may be entitled.