Reviewed and Verified by Attorney Allan Berger — Licensed in Louisiana since 1974.
When you purchase a consumer product, medical device, or industrial tool, you have the right to expect it to function safely. If a defective product causes injury or death, the manufacturer can be held responsible under the Louisiana Products Liability Act.
At Allan Berger & Associates, P.L.C., we have over 40 years of experience litigating complex claims against multi-billion dollar corporations. We possess the resources to hire forensic engineers and medical experts to prove that a product was defective and that the manufacturer failed in its duty to protect you.
If you need immediate help with a claim, contact Allan Berger & Associates, P.L.C. at 504-526-2222 for a free case review.
Quick Case Summary: Louisiana Product Liability Laws (2026)
| Legal Factor | Current Requirement & Deadlines |
| Primary Statute | LPLA (La. R.S. 9:2800.51). |
| Statute of Limitations | 2 Years for injuries occurring on or after July 1, 2024. |
| Fault System | Modified Comparative Fault (2026): No recovery if you are 51%+ at fault. |
| Burden of Proof | You must prove the product was “unreasonably dangerous” in one of four ways. |
| Preservation | The physical product must be kept as evidence (Spoliation). |
Proving a Product is “Unreasonably Dangerous”
Under the Louisiana Products Liability Act (LPLA), a manufacturer is liable for damages caused by a product that is “unreasonably dangerous.” To summarize, the law recognizes four specific ways a product can be defective:
- Defect in Composition or Manufacture
This occurs when a specific item comes off the assembly line differently than the manufacturer intended. Essentially, even if the design is safe, this one unit was “built wrong”—such as a car with a missing bolt or a contaminated batch of medication.
- Defect in Design
A design defect means the entire product line is dangerous. To win these cases, we must prove that a safer alternative design existed at the time the product left the manufacturer’s control and that the risk of the current design outweighed the burden of using the safer one.
- Inadequate Warning (Marketing Defect)
Manufacturers must warn users about non-obvious dangers. If a product lacks proper instructions or warnings about potential side effects or hazards, it is considered unreasonably dangerous.
- Breach of Express Warranty
If a manufacturer makes a specific claim about a product (e.g., “this ladder holds 500 lbs”) and the product fails while being used as advertised, they can be held liable for the resulting injuries.
The 2026 “51% Rule” in Product Claims
Effective January 1, 2026, Louisiana follows a Modified Comparative Fault standard.
How this affects your claim: In product liability cases, manufacturers frequently argue “misuse of product” or “assumption of risk.” They may claim you ignored instructions or used the product in a way it wasn’t intended.
Under the new 2026 law, if a jury finds you are 51% or more at fault for your own injury, you cannot recover any compensation. Our firm focuses on proving that the product’s defect was the “proximate cause” of the injury, regardless of how the manufacturer tries to shift blame to the user.
Common Defective Product Cases We Handle
Our New Orleans team investigates a wide range of product failures, including:
- Defective Auto Parts: Exploding airbags, seatbelt failures, or tires prone to blowouts.
- Dangerous Medical Devices: Faulty hip implants, IVC filters, or transvaginal mesh that causes internal scarring.
- Harmful Pharmaceuticals: Medications with undisclosed side effects like heart failure or stroke.
- Industrial Equipment: Faulty safety guards on power tools, forklifts with steering defects, or unstable scaffolding.
- Household Products: Exploding lithium-ion batteries, flammable children’s toys, or toxic cleaning agents.
Why Evidence Preservation is Vital
In product liability, the product itself is the most important piece of evidence. If you throw away the broken tool or return the defective car to the dealership for repairs, you may destroy your case.
To summarize, you should:
- Keep the Product: Store it in a safe place exactly as it was after the accident.
- Save Packaging and Manuals: These prove what warnings and instructions were provided.
- Keep Receipts: These establish the “chain of title” showing you were the intended user.
- Take Photos: Document the product, the injury, and the scene where the failure occurred.
Get a Free Consultation With Our New Orleans
Product Liability
Why trust Allan Berger & Associates, P.L.C.?
Product liability cases are often “David vs. Goliath” battles. Manufacturers have unlimited legal budgets to protect their brand. For over 40 years, our firm has had the financial resources and the technical network to take on these giants.
Our team works with mechanical engineers, materials scientists, and medical doctors to build an irrefutable case for our clients. We operate on a contingency fee basis — you pay no upfront costs, and we only receive a fee if we win your case.
Talk to a product liability attorneys today at 504-526-2222 or send us a message online to schedule your free consultation.