When a New Orleans resident is injured using a manufactured product, whether he or she can recover any damages is governed by the Louisiana Products Liability Act. To recover under this Act, the injured person must prove that the product was unreasonably dangerous in one of four ways: 1) construction or composition, 2) design, 3) inadequate warning, 4) or failure to conform with an express warranty.
When the manufacturer has indicated that a product is safe to use in a certain way and it is not, the injured person may be able to recover damages based on the product failing to comply with an expressed warranty. An express warranty is a verbal or written statement guaranteeing either that the product will work in a certain way or that the product is warranted against defects in materials or workmanship.
Under the Louisiana Products Liability Act, a product is unreasonably dangerous based on a failure to conform to an express warranty if the express warranty led someone to use the product, that person suffered a personal injury through use of the product, and that injury occurred because the express warranty was untrue. The design or use of the product that is the subject of the warranty must have directly caused the injury. If, for example, a product did not work as indicated by the express warranty, but the party was injured because he or she was using it in a manner not recommended by the manufacturer, the injured person may not recover damages based on a violation of the express warranty.
If you have been injured by a dangerous or defective product and have any questions regarding this topic, please call us at 504-581-6411 or 855-GERTLER. We would be happy to help you.