The complaint states that on May 10, 2016, the worker was using a drywall cart to move wallboard. However, due to alleged defects in the product, the wallboard load rolled and shifted, leading to the cart tipping over and pinning the man beneath the cart and load. His injuries led to medical bills and expenses, lost wages and impairment.
Product Liability Laws in Louisiana
In Louisiana, victims of defective products can file lawsuits against parties such as the manufacturer or the designer of a products to recoup costs brought about by injury. However, Louisiana’s statute of limitations is very short and strict – you only have one year from the date of injury to file your claim. It is possible to file a claim after the year marker thanks to something called the discovery rule, which makes it so that the clock doesn’t start until you know or reasonably should know about your injury and its connection to a defective product.
Damages available in these cases can be limited by the courts. This is due to the pure comparative negligence rule. This rule makes it so that fault is a factor in defective product injury cases. If you, the victim, are partly at fault, then the percentage of fault assigned to you will be taken out of your damages. So, to put that in simpler terms, if you are awarded $100,000 but are determined to have been 20 percent at fault, then you will be awarded 80 percent of the total damages, or $80,000.