Current with operative changes from the 2024 Third Special Legislative Session
Section 9:2800.54 - Manufacturer responsibility and burden of proofA. 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 R.S. 9:2800.55;(2) The product is unreasonably dangerous in design as provided in R.S. 9:2800.56;(3) The product is unreasonably dangerous because an adequate warning about the product has not been provided as provided in R.S. 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 R.S. 9:2800.58.C. The characteristic of the product that renders it unreasonably dangerous under R.S. 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 R.S. 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.Acts 1988, No. 64, §1, eff. 9/1/1988.