Defective and dangerous products injure thousands of people every year. From faulty household appliances to defective medical devices and unsafe pharmaceuticals, consumers in New Orleans and across Louisiana have suffered harm because companies put profits ahead of safety.
At the Gertler Law Firm, we have been representing product liability victims since 1975. Our attorneys have stood up to some of the largest corporations in the country, from pharmaceutical giants to consumer product manufacturers. Based in downtown New Orleans, just blocks from the Louisiana Supreme Court and Civil District Court for Orleans Parish, we know what it takes to win complex cases in both state and federal court.
We’ve fought cases that made headlines, including leading litigation against the tobacco industry that resulted in a $241 million cessation program for Louisiana citizens. Families across Orleans Parish, Jefferson Parish, St. Bernard Parish, and Plaquemines Parish trust us to take on corporations, insurers, and manufacturers when defective products cause catastrophic harm.
What Is Product Liability?
Product liability law allows consumers to hold manufacturers, distributors, and retailers responsible when defective products cause injury or death. Cases typically involve four types of defects:
- Design defects The blueprint itself is unsafe; Louisiana law considers whether a safer, feasible alternative design would have prevented the harm.
- Manufacturing defects The product departs from its intended design due to an error in construction or composition.
- Failure to warn (marketing defects) Inadequate instructions or missing warnings about known risks.
- Violation of express warranty The product fails to conform to specific safety or performance promises.
Under the Louisiana Products Liability Act (LPLA), the exclusive remedy for product injury claims, manufacturers may be strictly liable when a product is unreasonably dangerous and causes harm during a reasonably anticipated use.
Who counts as a “manufacturer”? The LPLA can include the designer, a component part maker, and a seller that labels a product as its own or controls design/specifications.
Types of Product Liability Cases We Handle
- Defective household products Appliances, tools, and electronics that spark fires, explode, or cause electrical injuries.
- Defective medical devices Hip/knee implants, pacemakers, defibrillators, IUDs (Paragard), shoulder pain pumps, surgical mesh, and other implants linked to permanent harm.
- Pharmaceuticals & drug recalls Dangerous drugs that were improperly tested or marketed (including learned-intermediary issues).
- Defective children’s products Car seats, cribs, toys, or clothing with choking hazards or toxic materials.
- Adult & children’s clothing Flammable fabrics or hazardous fasteners.
- Pressure cooker explosions Defective lids, seals, or safety valves leading to severe burns.
- Automotive & transportation equipment Defective brakes, airbags, fuel tanks, faulty motorcycle/bicycle helmets, and bus-related product failures.
- Aviation & boating Unsafe design or component failures in aircraft and boats.
- Construction & industrial equipment Defective machinery, hydraulic lines, or unsafe electrical wiring at job sites.
- Agricultural & farm equipment Unsafe tractors or harvesting machines.
- Food products Contaminated or mislabeled foods that cause illness.
- Firearms & related products Unintended discharge or other defects.
- Lithium-ion batteries & e-devices E-bike/scooter and vape battery fires.
Each case demands careful investigation, qualified testimony, and the resources to take on well-funded corporate defense teams.
The Burden of Proof in Louisiana Product Cases
Civil cases use the preponderance of the evidence standard: if it’s even slightly more likely than not that a defective product caused the injury, you meet the burden. Think 101 sheets of paper versus 100 your stack only needs to be a little heavier. Reaching that point requires preserved evidence, credible witnesses, and methodical preparation.
The Impact of Defective Products on Victims
Injuries can be life changing:
- Burns and scarring from explosions or fires
- Organ damage or cancer from toxic exposure
- Bone fractures, joint failure, or revision surgeries from faulty implants
- Neurological harm from unsafe drugs
- Wrongful death
Care often involves Ochsner Medical Center, University Medical Center, or Tulane Medical Center, along with long term rehabilitation and time away from work.
Real world examples: a high speed blender explodes and sprays scalding liquid; a ladder collapses under normal use; a pressure cooker lid fails and causes second degree burns; a pacemaker malfunctions with fatal consequences
Damages Available in Defective Product Cases
- Emergency and ongoing medical treatment
- Rehabilitation and therapy
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress and diminished quality of life
- Disfigurement or permanent disability
- Property damage (e.g., fire/blast damage)
- Wrongful death damages, including funeral costs and loss of companionship
Note on punitive damages: In Louisiana, these awards are limited and only available when authorized by statute. We’ll advise if that applies to your situation.
Evidence That Strengthens a Louisiana Product Case
Winning often turns on preservation:
- Keep the product as-is (and all parts), plus manuals, packaging, and receipts
- Photograph the product, scene, and injuries (close-ups and wide shots)
- Gather medical records that connect the injury to the incident
- Save communications with the seller/manufacturer (emails, chats, claim numbers)
- Track prior complaints, bulletins, or recalls for the model
- Maintain a clear chain of custody if professionals take possession for testing
Avoid home “testing” or repairs changes can jeopardize your claim
“Reasonably Anticipated Use” in Louisiana: Everyday Examples
Louisiana law looks at how the manufacturer should reasonably expect the product to be used even if not exactly as intended. Examples include:
- A step ladder used on a flat garage floor by a single adult with basic instructions followed
- A blender used to puree hot soup with the lid seated as the manual describes
- A child’s toy used by the labeled age group during ordinary play
- A circular saw used with the guard in place to cut common lumber sizes
If harm occurs during a use like these where the manufacturer could anticipate the scenario that favors liability, even if the company argues the user could have done something differently
Alternative Design Under the LPLA: What It Means in Practice
For design defect claims, Louisiana considers whether a safer, feasible alternative design existed that would have prevented the injury without killing the product’s utility. Practical examples of alternative design features include:
- Interlocks and guards that prevent activation unless safety conditions are met
- Shielding or relocation of fragile or high-heat components
- Pressure relief systems sized to avoid catastrophic failure
- Non flammable materials or improved thermal insulation
- Clearer interface signals (audible/visual) that accurately reflect hazard status
These are the kinds of questions we pursue in discovery and through technical analysis.
Who Can Be Liable Beyond the Manufacturer?
Depending on the facts, additional responsible parties may include:
- Component part makers whose part introduced the defect
- Private label sellers who brand the product as their own
- Professional vendors who exercise control over design/specs
- Distributors/retailers in limited circumstances recognized by Louisiana law
Identifying every responsible entity helps ensure full accountability.
Louisiana Product Liability Law (LPLA): Your Rights & Deadlines
- Exclusivity: The LPLA governs product-injury claims in Louisiana.
- Unreasonably dangerous: A product can be defective in design, construction/composition, warnings, or express warranty nonconformity.
- Reasonably anticipated use: Includes uses the manufacturer should expect, even some foreseeable misuse.
- Alternative design (design claims): There must have been a safer, feasible design that would have prevented the harm without undermining utility.
- One-year prescription period: You generally have one year from injury to file. Discovery rules can extend the window if you could not have known the product caused your injuries earlier.
- Comparative fault: Compensation can be reduced if the product was misused or altered but that does not absolve liability if a defect truly caused the harm.
- Venue: Cases may proceed in local civil district courts (e.g., Orleans Parish) or federal court (e.g., Eastern District of Louisiana).
A recall can inform the case, but a recall is not required to prove a defect and the absence of a recall does not defeat a valid claim.
Class Actions, Mass Torts & MDL: What’s Right for You?
- Class action: Best for uniform economic harm; less common for personal injury.
- Mass tort: Many individual injury cases coordinated for efficiency.
- MDL (multidistrict litigation): Federal consolidation for pretrial proceedings; each case remains individual with its own injuries and damages.
We’ll help decide whether to file locally in Louisiana or coordinate with national litigation while protecting your personal recovery.
What to Expect: Our Case Process
- Free consultation & screening Facts, injuries, deadlines, and preservation needs.
- Immediate preservation Secure the product and related materials; preservation notices go out as needed.
- Investigation & analysis Independent engineers, scientists, and physicians evaluate defects and causation.
- Filing & venue strategy File in the appropriate court (and coordinate with MDL if strategic).
- Discovery & motions Internal documents, testing data, complaint histories, and sworn testimony.
- Resolution Negotiation, mediation, or trial every matter is prepared as trial-ready to strengthen your position.
Seeking Medical Treatment & Your Next Steps
- Get medical care immediately. Delays harm your health and your claim.
- Preserve the product (and all parts/packaging/receipts); do not alter or test it.
- Document everything (photos, serial/model numbers, purchase info).
- Limit public posts about the incident while your case is active.
- Report to appropriate agencies when applicable (e.g., CPSC, FDA, NHTSA).
- Contact a Louisiana product liability attorney to protect deadlines and evidence.
How Gertler Law Firm Fights Product Liability Cases
- Independent technical & medical professionals who explain complex defects and injuries clearly
- Corporate accountability through targeted discovery of internal testing, design changes, complaint data, and warning decisions
- Product inspection & laboratory analysis under strict preservation protocols
- Trial ready preparation on every case to strengthen your position in negotiations
- Proven history from asbestos and mesothelioma matters to tobacco litigation, we have stood up to powerful industries for decades
Our goal is to help you recover the cost of care, protect your income, and pursue accountability under Louisiana law.
FAQs About Product Liability in Louisiana
What is a defective product?
One that is unreasonably dangerous in design, construction/composition, warnings, or because it fails to conform to an express warranty.
Do I have to prove negligence?
Not necessarily. The LPLA allows strict-liability theories when the product itself is unreasonably dangerous.
Can I file if I didn’t buy the product?
Yes. Injured users, not just purchasers can bring claims.
How long do I have to file?
Generally one year from the injury (Louisiana’s “prescription”), with limited discovery rule exceptions.
Can a retailer or distributor be liable?
In some scenarios recognized by Louisiana law, yes particularly where a seller holds a product out as its own or exercises control over design/specs.
What compensation is available?
Medical bills, future care, lost wages, reduced earning capacity, pain and suffering, disfigurement, property damage, and in qualifying cases wrongful-death damages.
Do recalls control the case outcome?
No. Recalls can be evidence, but they’re not required and lack of a recall doesn’t defeat a valid claim.
How long does a case take?
Timelines vary with injury severity, number of defendants, and whether the matter is coordinated nationally. We map out realistic milestones early.
What if I no longer have the product?
All is not lost. Photos, purchase records, serial numbers, witness statements, and medical documentation can still support a claim. Gather what you can and contact us quickly.
What is “reasonably anticipated use”?
A use the manufacturer should expect under real world conditions, including some foreseeable misuse. See the examples above for context.
Areas We Serve
We proudly represent clients throughout Louisiana and the Gulf South:
- Orleans Parish New Orleans
- Jefferson Parish Metairie, Kenner, Gretna, Marrero, Harahan, Harvey, Westwego, Avondale, Jefferson (CDP)
- St. Bernard Parish Chalmette, Arabi, Meraux
- St. Tammany Parish (Northshore) Slidell, Mandeville, Covington, Abita Springs, Madisonville
- St. Charles Parish Destrehan, Luling, St. Rose
- St. John the Baptist Parish LaPlace
- Plaquemines Parish Belle Chasse