Hudson Potts and Bernstein has been at the forefront of products liability law in Louisiana for over a century. One the firm’s late partners assisted in writing the Louisiana Product Liability Act and its attorneys have defended all manner of products cases, from vehicles and firearms to industrial equipment and retail products. With this history, HPB’s record in defending manufacturers and sellers in products claims is unmatched.
Product liability is an area of law that deals with products that have caused harm, injury, or damage to a person or their property because it was defective in some way. It provides recourse for those who have been injured by a defective product and gives them a way to get compensation for loss, injury, and other harm.
The defendants in these cases can be the manufacturer or a parts supplier, or another party at any point of the process.
Types of Product Liability
Product liability falls under one of four categories:
Each of these carries specific standards. They can fall under negligence on the part of the defendant. However, the defendants typically can be held liable even if they had no knowledge or intent of the defect or problem. This is referred to as “strict liability.”
The Responsibility of the Plaintiff
The plaintiff has certain responsibilities in a product liability case. They must show three things in order for a strict product liability claim to succeed:
Standards of Product Defect
The courts have adopted two standards that aid in the assessment of product defects:
For more than a century, Hudson, Potts, and Bernstein have been at the forefront of Louisiana product liability law. One of our founders helped to write the Louisiana Product Liability Act. That experience and commitment to excellence have been carried on and today we continue that rich heritage.
If you are a manufacturer or seller dealing with product claims, we can help. Contact us today and let us help you protect your business.