Partner at Charbonnet Law Firm LLC
Practice Areas: Car Accident, Personal Injury
A product you use every day should be safe. But what happens when a faulty appliance, car part, power tool, or child’s toy causes an injury?
Louisiana law may let you seek money from the company that made the product. A Louisiana product liability lawyer can review what happened and help you understand your options.
Here’s what you need to know about Louisiana’s product liability law, the types of defects it covers, and what to do if a product hurts you.
Product liability law deals with injuries caused by unsafe products. Under the Louisiana Products Liability Act (LPLA), you generally need to show that:
You don’t always have to buy the product yourself to make a claim. You may have a claim if you were hurt while using it or coming into contact with it.
The LPLA sets the legal grounds for claims against manufacturers for injuries caused by their products. In some cases, a seller or distributor may also count as a manufacturer under the law.
Many everyday products can cause injuries if they have a dangerous defect, including:
But a product breaking or not working properly does not automatically mean the manufacturer is at fault. You must show that the problem meets the law’s rules for a defect and causes your injury.
The LPLA recognizes four ways a product may be considered unreasonably dangerous.
A manufacturing defect occurs when a mistake during production or assembly makes a product different from others of the same type.
For example, a power tool may have a part fitted incorrectly, or an appliance may have faulty wiring.
A design defect means the product’s design itself creates a safety risk.
For example, a piece of furniture may tip over too easily, or a toy may have small parts that create a choking risk.
Louisiana law also considers whether a safer alternative design was available and whether its benefits would outweigh the costs and risks.
Manufacturers may need to warn users about certain risks or explain how to use a product safely.
A product may be defective if the manufacturer fails to provide a warning or instructions required by law. For example, a label may leave out an important safety risk.
Not every missing warning makes a manufacturer liable. The type of risk and what users could reasonably know also matter.
An express warranty is a clear statement or promise a manufacturer makes about a product.
If the product fails to meet that promise and causes injury, the manufacturer may be liable if you meet the legal requirements.
For example, safety equipment may fail to provide the protection the manufacturer specifically promised.
Your own actions may affect how much compensation you can recover.
Under Louisiana Civil Code Article 2323, for injuries that occur on or after January 1, 2026, a person who is 51% or more at fault generally cannot recover damages. If you are 50% or less at fault, your compensation may be reduced based on your share of responsibility.
For example, if your damages total $50,000 and you are found 20% at fault, your potential recovery would be $40,000 before other legal or insurance limits.
Different rules may apply to earlier injuries. Using a product in a way that goes against its instructions does not automatically make you at fault—the facts of the case matter.
If a defective product injures you, keep the product if you can do so safely. It may help show what went wrong.
Try to save:
Avoid throwing away, repairing, or changing the product before it can be examined. You should also seek medical attention and keep records of your treatment. These records may help show the nature of your injuries and connect them to the product defect.
A product liability attorney in Louisiana may begin by reviewing what happened, identifying the manufacturer, and examining the available evidence.
An engineer or other expert may need to inspect the product, identify the defect, and explain how it caused your injury.
If you file a lawsuit, both sides may exchange records, ask questions, and inspect the product. Some claims end in a settlement. Others go to trial if the parties cannot agree.
For injuries occurring on or after July 1, 2024, Louisiana generally allows two years to file a personal injury lawsuit under Civil Code Article 3493.1.
Older injuries and certain cases may follow different rules. Special provisions may also apply to some minors and people with permanent disabilities.
Check the deadline that applies to your case. Missing it could prevent you from recovering compensation.
You may be able to. You don’t always have to be the buyer. What matters is whether you meet the legal requirements for a claim.
No. A recall may support your claim, but you still need to show the product had a defect covered by law and that it caused your injury.
Sometimes. Louisiana law treats certain sellers or distributors as manufacturers in specific situations.
Depending on your case, you may be able to recover damages for medical expenses, lost wages, pain and suffering, and other proven losses.
If a faulty product has hurt you or someone in your family, you may have questions about who is responsible and what to do next.
The team at Charbonnet Law Firm, LLC can review your situation, explain your rights, and help you understand whether you may have a claim.
With over 50 years of legal experience serving families in the New Orleans area and surrounding Louisiana communities, our firm takes pride in providing clients with personalized legal services tailored to individual needs.
