In Louisiana (most states have similar laws), a claimant may recover for damage caused by a product under the Louisiana Products Liability Act (LPLA).* Under the LPLA, a manufacturer can be held liable for damages proximately caused by an unreasonably dangerous characteristic of a product when the damage arose from a reasonably anticipated use of the product. Reasonably anticipated use is defined as the use of a product that the manufacturer should reasonably expect of an ordinary person under similar circumstances.

Generally speaking:

• A product can be considered unreasonably dangerous because of its construction or composition, design, inadequate warning or for not conforming to an express warranty.
• A product is unreasonably dangerous in construction or composition if it deviates in a material way from the manufacturer's specifications or performance standards.
• A product is unreasonably dangerous in design if the manufacturer had the option of employing an alternative design that was capable of preventing injury.
• A product is unreasonably dangerous because of an inadequate warning of possible dangers.
• A product is unreasonably dangerous for not conforming to an express warranty.

Examples of Products That Can Be Unreasonably Dangerous

• Toys, baby cribs, car seats, other children's products
• Food and beverage products
• Drugs and pharmaceuticals, medical devices
• Automobiles and after-market components
• Industrial equipment, power tools and machinery
• Household goods and appliances
• Airplanes and helicopters
• Fork lifts
• Oil

I am ready to handle your litigation matter concerning just about any product.

The U.S. Food and Drug Administration (FDA) approves all products entering the U.S. marketplace for consumer medical use. However, the courts have ruled that FDA approval does not necessarily absolve a manufacturer from liability in the event of an injury resulting from a defect or dangerous, unknown side effect.

Will the lawyer you hire really make a difference in the outcome of your case? It will cost you nothing to get your questions answered by an experienced personal injury attorney. I offer a free consultation to explain your legal options. You pay no attorneys' fees unless I help you recover monetary damages in a settlement or trial verdict. Call us at — 620-429-0476. You can also use the convenient contact email form to send me details about your case.

My office hours in Alexandria are 8 a.m. to 5 p.m. weekdays, and I will make evening and weekend appointments by special arrangement. If your injuries or circumstances won't allow you to travel, I can make arrangements to meet at a time and place convenient for you and your family.

*RS 9:2800.51, LOUISIANA PRODUCTS LIABILITY ACT, Acts 1988, No. 64, §1, eff. Sept. 1, 1988