Everyday products should be safe to use. From vehicles and electronics to prescription drugs and children’s toys, you trust that what you buy won’t put you in danger. Unfortunately, defective products injure thousands of people each year in Lafayette and across Louisiana. When manufacturers and distributors put unsafe products on the market, Louisiana law, specifically the Louisiana Products Liability Act (LPLA), holds them accountable.
At Brandt & Sherman, we’ve been representing injured Louisiana families for more than 50 years. Our Lafayette product liability lawyers know how to take on powerful corporations, their insurers, and their legal teams. If a defective product harmed you or someone you love, we’re here to fight for the compensation you deserve and you’ll never pay a fee unless we win.
Product liability law holds manufacturers, distributors, and sellers responsible when their products are unreasonably dangerous. In Louisiana, the Louisiana Products Liability Act (LPLA) provides the exclusive legal remedy for defective product claims. Under the LPLA, a manufacturer can be held liable in several ways.
A design defect exists when the blueprint of a product makes it inherently unsafe, even if built correctly. For example, certain SUVs have been criticized for being top-heavy and prone to rollovers, creating risks for drivers and passengers. In these cases, the danger lies in the product’s concept itself. Courts often look at whether there was an alternative, safer design available that could have reduced the risk without making the product unusable or unreasonably expensive.
Manufacturing defects occur when mistakes happen during production or assembly. A design may be sound, but the product becomes unsafe due to errors on the factory floor. Faulty airbags that fail to deploy or explode with excessive force are common examples. These cases often involve a particular batch, lot, or production run where errors slipped through quality control — meaning some consumers may get safe products while others are exposed to danger.
Manufacturers have a duty to warn consumers about known dangers and explain how to use a product safely. This duty applies to both obvious risks and hidden dangers that may not be apparent to the average user. When warnings are missing, misleading, or unclear — such as drug companies failing to disclose severe side effects, or power tools sold without adequate safety instructions — injuries can result.
If a company promises something about its product through advertising, labeling, or written warranties, it must live up to those promises. A medical implant marketed as long-lasting but failing within months may give rise to a breach of warranty claim.
Sometimes, products are marketed in ways that make them unsafe. A recent example is vaping products promoted to teenagers without clear warnings about addiction and lung damage. When marketing practices encourage unsafe use, liability may follow.
In Louisiana, you don’t always have to prove negligence. If a product is shown to be defective and caused your injury while used as intended, the manufacturer can be held strictly liable under the law.
Product liability claims can arise from almost any type of consumer or industrial product. Some categories, however, appear more frequently in Louisiana courts because of the widespread risks they pose.
Defective vehicles and components are a leading cause of product liability claims. Faulty brakes, defective airbags, ignition switch failures, or poorly designed vehicles prone to rollovers can all cause devastating crashes. Many of these defects lead to recalls, but injuries often occur long before manufacturers take action.
Products in the medical field are held to some of the highest safety standards — yet defective devices and unsafe drugs continue to harm patients. Hip and knee implants, pacemakers, surgical mesh, and insulin pumps have all failed prematurely, leading to painful revision surgeries, infections, and lifelong complications. Similarly, prescription and over-the-counter medications may carry undisclosed or poorly tested risks. Drugs linked to heart attacks, birth defects, or toxic ingredients can leave patients with devastating injuries. When manufacturers fail to design, test, or warn properly, victims have the right to hold them accountable through product liability claims.
Young children are particularly vulnerable to defective products. Common issues include choking hazards from small parts, cribs that collapse, car seats that fail in crashes, or inclined sleepers that go against pediatric safety guidelines. These products can cause life-threatening harm, making accountability especially important.
Everyday consumer products can turn dangerous when they overheat, short-circuit, or explode. Defective space heaters, malfunctioning kitchen appliances, and electronics with faulty lithium-ion batteries have all caused fires, burns, and property damage. Even products with proper safety features can become dangerous if manufacturing errors occur.
Heavy machinery, construction tools, and industrial equipment can cause catastrophic injuries when defectively designed or built. Missing safety guards, hydraulic failures, or faulty power tools can put workers at extreme risk. These cases often overlap with workplace injury or workers’ compensation claims, but defective product liability remains a separate and powerful avenue for recovery.
When products fail, the injuries can be catastrophic. Some of the most common include:
These injuries often require long-term medical care, rehabilitation, or permanent lifestyle changes — which is why full compensation is critical.
Louisiana law allows victims of defective products to pursue both economic and non-economic damages. This includes reimbursement for medical expenses such as hospital bills, ongoing treatment, rehabilitation, and medications, as well as lost wages and reduced future earning capacity. Victims may also recover for property damage caused by the product and for the personal impact of their injuries, including pain and suffering, emotional distress, and loss of enjoyment of life. In tragic cases where a defective product leads to death, surviving family members may seek wrongful death damages to cover funeral costs, loss of financial support, and loss of companionship. In situations involving extreme corporate misconduct, courts may also award penalty or punitive damages to punish reckless behavior and deter companies from putting unsafe products on the market in the future.
Defective products often harm many people in the same way. Depending on your situation, your claim may proceed as:
Each option has pros and cons. An individual lawsuit may be preferable if you want full control and potentially higher recovery tailored to your injuries, while class actions and MDLs can offer efficiency and strength in numbers when hundreds or thousands of people were harmed in the same way. Our Lafayette product liability attorneys will explain the best strategy for your circumstances and ensure your voice is heard.
Louisiana law has some of the shortest deadlines in the nation. In most cases, you have one year from the date of injury to file a product liability lawsuit. In limited circumstances — such as hidden defects that only become apparent later — the timeline may extend, but waiting risks losing your rights entirely.
Because manufacturers often destroy or change evidence quickly, contacting a lawyer right away is critical to protecting your case.
Product liability cases are different from ordinary accident claims because they often involve large corporations with vast resources. At Brandt & Sherman, we begin by carefully reviewing the product itself and gathering the documents that reveal how it was designed, manufactured, and marketed. We work with engineers, medical experts, and industry specialists to uncover whether a defect in design, a flaw in the manufacturing process, or a failure to warn caused your injury. Our team also investigates whether the product has been the subject of recalls, safety bulletins, or prior lawsuits — all of which can strengthen your claim. We then compare the evidence against Louisiana’s Products Liability Act and other applicable laws to build a compelling case that holds manufacturers, distributors, and retailers accountable. Because corporations and their insurers know our reputation in Louisiana courtrooms, they understand that we are fully prepared to take cases to trial if they refuse to offer a fair settlement.
For more than 50 years, Louisiana families have turned to us after devastating accidents. Our team knows how to take on insurers and Fortune 500 companies, and we don’t back down when lives and livelihoods are at stake. We’ve built our reputation on decades of trial-tested experience, deep knowledge of Louisiana product liability law, and a proven track record of success in complex injury cases. Clients trust us for our transparent communication at every stage and our no-win, no-fee promise — you don’t pay unless we recover for you.
If you or a loved one were injured by a defective product, don’t face the manufacturer or its insurance company alone. Call Brandt & Sherman today for a free consultation with a Lafayette product liability lawyer. We’ll explain your rights, investigate your claim, and fight to get you the compensation you deserve. With us, you’ll never pay fees unless we win.
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