Louisiana Product Liability Attorney Defense Law Firm
In products liability cases, our lawyers represent local, national, and international manufacturers throughout Louisiana’s state and federal courts, including cases with significant exposure involving industrial equipment, electronics, medical devices, and other products. The strength of our team is due to factors to include:
- A developed track record with the Louisiana Products Liability Act and its application to complex litigation and catastrophic losses.
- Early investigation and developed trial strategies, identification of non-product failure causes, management of experts, and an aggressive use of motion practice to narrow the issues and gain early dismissals.
- Our efficient management of large document productions.
We have years of trial and appellate experience with multi-party product cases. While many of our clients are manufacturers of consumer, commercial, and industrial products, we also represent makers of products from construction materials to microprocessor-based control systems used in the region’s chemical plants, oil refineries, and other industrial facilities.
Client Story: Blending Business, Products Liability and Construction Law to Provide a Unique Defense
Where we started: We represented an international pipe manufacturer in a suit brought by a major contractor alleging that a pipe fitting installed in a newly constructed chemical plant was defective, costing the contractor a substantial amount to replace all similar fittings. At issue was whether the pipe fitting met exacting mechanical standards such that it was appropriate to move hazardous chemicals. The causes of action included claims of redhibition, products liability, breach of contract, bad faith, and misrepresentation. Our roadmap: We were able to blend our experience in construction law, products liability, and business law to address the issues of the claim effectively and efficiently. Resolution: Using pre-trial motions, we narrowed the complex issues for trial and highlighted weaknesses in the plaintiff’s case, which allowed for a favorable settlement.
Client Story: Aggressive Motion Practice and Targeted Discovery to Obtain Summary Judgment
Where we started: We represented a national conveyor manufacturer in a case involving missing conveyor guards and a severely injured plaintiff. Our roadmap: We developed targeted discovery to specific requirements of the Louisiana Products Liability Act, through which it is was determined that the conveyor manufacturer was not at fault. Resolution: Our motion for summary judgment was granted, avoiding trial with potential high exposure.
Client Story: A Practical Understanding of the Industry and Knowledge of the Legal Issues Developed an Effective Resolution Strategy
Where we started: Our client—an international air-conditioning equipment manufacturer—was sued by a surgery center for damage to surgical supplies, which resulted from high humidity in the facility during the start-up phase of the new unit. Plaintiff alleged various theories of liability, typical of products claims: negligence and breach of contract in commissioning services, redhibition, product defects, breach of express/implied warranty, and failure to warn under the LPLA. Our roadmap: We filed a summary judgment motion outlining multiple defenses: plaintiff’s failure to take adequate precautions to avoid the risk of damage; waiver of warranty against redhibitory defects; failure to produce evidence of a defect in the unit; and that the surgery center’s use of the equipment was not reasonably anticipated by the manufacturer, a threshold defense under the LPLA. Resolution: The court granted partial summary judgment dismissing the redhibition and LPLA claims, reserving only the negligent commissioning claim for trial. With the reduced chances of success at trial, the plaintiff accepted a reasonable settlement, which avoided further expert and trial expenses.
Client Story: Benefits of a Thorough Investigation
Where we started: We represented a national air-conditioning equipment manufacturer in a fire case at a large national home-improvement store chain. Multiple defendants were involved. Initially, the issue in the case was the appropriate allocation of fault among the defendants because plaintiff relied on a fire department investigation report that placed the origin of the fire at the client’s air-conditioning unit. The investigation was challenging because the store was destroyed by a storm after the fire but before our client was sued. Our roadmap: Through a detailed analysis and investigation, we were able to obtain a retraction from the fire department investigator based on evidence he had not considered at the time of issuing his report, which called into question the point of origin of the fire. Resolution: Once we produced the investigator’s retraction of his fire origin and cause report, we were able to immediately resolve the case favorable to our client.
Our trial attorneys are recognized throughout Louisiana and in all of its courts for effective strategies in representing manufacturers of products large, small and in between, in claims involving:
- Manufacturing equipment injury defense
- Consumer product injury defense
- Food products defense
- Industrial equipment failure defense
- Medical device defense
- Louisiana Products Liability Act
- Breach of express/implied warranty
- Negligent commissioning and start-up services incidental to product sales
- Litigation avoidance and pre-claim legal assistance