Individual States 

LOUISIANA

ASSUMPTION OF RISK

Assumption of risk does not operate as a total bar to recovery whether defendant is found negligent or strictly liable. Murry v. Ramada Inns, Inc., 521 So. 2d 1123 (La. 1988) .

CAPS ON NONECONOMIC DAMAGES

There are no exclusive Products Liability statutes under this category.

COMPARATIVE FAULT

Liability is determined according to proportionate shares except where a person suffers injury, death, or loss as a result partly of his own negligence and partly as a result of the fault of an intentional tortfeasor, his claim for recovery of damages shall not be reduced. La. Civ. Code Ann. art. 2323 .

ECONOMIC LOSS

Purely economic losses are not recoverable in products liability. In re James Noel Flying Serv., Inc., 61 B.R. 335 (B.C.W.D.La.1986) (applying Louisiana law).

JOINT & SEVERAL LIABILITY

Joint and several liability is applied only if the defendants conspire with one another to commit an intentional or willful act. A joint tortfeasor shall not be liable for more than his degree of fault and shall not be liable with any other person for damages attributable to the fault of such other person, including the person suffering injury, death, or loss, regardless of such other person's insolvency, ability to pay, or degree of fault. La. Civ. Code Ann. art. 2324 .

PUNITIVE DAMAGES

Punitive damages are not recoverable. Int'l Harvester Credit v. Seale, 518 So. 2d 1039 (La. 1988) .

RIGHT TO CONTRIBUTION

Louisiana provides for a nonparty defense. The finder of fact must consider negligence of all persons involved in an incident including immune nonparties to the suit. Immune nonparty's negligence reduces a defendant's ultimate liability to the plaintiff. Nance v. Gulf Oil Corp., 817 F.2d 1176 (5th Cir.1987) .

A joint tortfeasor who extinguished the common liability may claim from each tortfeasor no more than that tortfeasor's proportionate share. A party sued may seek contribution by making a co-obligor a third party defendant. Where a joint tortfeasor is insolvent, the loss must be borne by the other joint tortfeasors according to their proportionate shares, including an obligor in whose favor solidarity has been renounced. La. Civ. Code Ann. art. 1804 to 1806 .

SPECIAL DEFENSES

A manufacturer will not be liable unless the plaintiff proves that the characteristic of the product that renders it unreasonably dangerous existed at the time the product left control of its manufacturer, or resulted from a reasonably anticipated alteration or modification of the product. Johnson v. Black & Decker U.S., Inc., 701 So. 2d 1360 (La. App. 2d Cir. 1997) .

The Louisiana Product Liability Act recognizes the state of the art defense in design and wiring cases. La. Rev. Stat. Ann. ยง9:2800.59 .

STATUTES OF LIMITATION

Personal injury actions must be brought within one year from the day injury or damage is sustained. It does not run against minors or interdict in actions involving permanent disability brought pursuant to the Louisiana Products Liability Act or state law governing product liability actions. La. Civ. Code Ann. art. 3492 .

Wrongful death actions must be brought within one year. La. Civ. Code Ann. art. 2315.2 .

STATUTES OF REPOSE

There is no statute of repose for product liability actions in Louisiana.

STRUCTURED SETTLEMENT

There are no exclusive Products Liability statutes under this category.