Louisiana Revised Statutes 9:2800.54 – Manufacturer responsibility and burden of proof
Terms Used In Louisiana Revised Statutes 9:2800.54
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
A. The manufacturer of a product shall be liable to a claimant for damage proximately caused by a characteristic of the product that renders the product unreasonably dangerous when such damage arose from a reasonably anticipated use of the product by the claimant or another person or entity.
B. A product is unreasonably dangerous if and only if:
(1) The product is unreasonably dangerous in construction or composition as provided in La. Rev. Stat. 9:2800.55;
(2) The product is unreasonably dangerous in design as provided in La. Rev. Stat. 9:2800.56;
(3) The product is unreasonably dangerous because an adequate warning about the product has not been provided as provided in La. Rev. Stat. 9:2800.57; or
(4) The product is unreasonably dangerous because it does not conform to an express warranty of the manufacturer about the product as provided in La. Rev. Stat. 9:2800.58.
C. The characteristic of the product that renders it unreasonably dangerous under La. Rev. Stat. 9:2800.55 must exist at the time the product left the control of its manufacturer. The characteristic of the product that renders it unreasonably dangerous under La. Rev. Stat. 9:2800.56 or 9:2800.57 must exist at the time the product left the control of its manufacturer or result from a reasonably anticipated alteration or modification of the product.
D. The claimant has the burden of proving the elements of Subsections A, B and C of this Section.
Acts 1988, No. 64, §1, eff. Sept. 1, 1988.