Larry Curtis - Delcambre, Louisiana Oil Field Accident Attorney

Statute of Limitations for Product Liability

In Louisiana, product liability suits brought under the theories of strict liability or negligence must be filed within one year after the cause of action occurred. L.A. CC 3492. . A "cause of action" does not occur until the plaintiff knew or should have known that they were injured by the defendant's conduct. Steel v. Aetna Life and Casualty, App. 3 Cir. 1974, 304 So.2d 861 (1974). In Louisiana, a cause of action is characterized as an invasion that brings about some degree of loss or detriment and is capable of repair, and furthermore, a cause of action may arise before a plaintiff sustains all of the damages occasioned by the defendant's negligence. Austin v. Abney Mills, Inc., 824 So. 2d 1137 (2002). If you do not file a lawsuit within this time, you cannot sue.

If the lawsuit is based on contract law, as in the case of a breach of warranty, you must file it within one year after the cause of action occurred. LA CC art. 3494.2. Similar to strict liability and negligence cases, a "cause of action" here does not occur until an alleged breach was or reasonably should have been discovered. White v. GMC, 718 So. 2d 480 (1998). If you do not file a lawsuit within this time, you cannot sue.

In addition to typical statutes of limitations, state legislatures have also enacted special statutes of limitations for certain types of actions to put outside time limits on certain types of lawsuits. These are referred to as statutes of repose. Statutes of repose typically place an outside limit (usually 10, 15 or 20 years) on certain types of lawsuits, regardless of when the injury is discovered. In Louisiana, injured victims cannot file a medical malpractice suit if the otherwise knowable injury occurred more than three years earlier, even if it was discovered subsequent to the three year cut-off. This expands the period of discovery of medical malpractice injuries, for injuries that would not ordinarily be discovered within the normal one year period applying to medical malpractice. L.A. R.S. § 9:5628. The legislative purpose behind this law is to prevent increased malpractice insurance rates and to ensure extinguishments of stale claims, while still being generous to victims who would not have realized their injury within the normal time frame. In re Medical Review Panel for Claim of Moses, 788 So. 2d 1173 (2001).

In product liability cases it is essential that measures be taken promptly to preserve evidence, document the chain of custody of the product in question, and to enable engineers or other expert witnesses to thoroughly evaluate the product and your injuries. If you or a loved one has been injured by a product of any kind, call The Law Offices of Larry Curtis now at (337) 235-1825 or Toll Free 1-800-528-1825 or CLICK HERE TO SUBMIT A SIMPLE CASE FORM. Don't delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.

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Larry Curtis, Personal Injury Attorney handles all types of Personal Injury cases including: Automobile Accidents, Maritime Accidents, Spinal Cord Injuries, Traumatic Brain Injuries, Wrongful Death, Insurance Bad Faith, Airplane Accidents, Drunk Driving Injuries, Large Truck Accidents, Motorcycle Accidents, School Bus Accidents, Slip and Fall Accidents.

Larry Curtis, Personal Injury Attorney serves the following Louisiana areas: Southern Louisiana, Lafayette, Acadia Parish (Crowley), Allen Parish (Oberlin), Ascension Parish (Donaldsonville), Assumption Parish (Napoleonville), Avoyelles Parish (Marksville), Beauregard Parish (DeRidder), Bienville Parish (Arcadia), Bossier Parish (Benton), Caddo Parish (Shreveport), Calcasieu Parish (Lake Charles), Caldwell Parish (Columbia), Cameron Parish (Cameron), Catahoula Parish (Harrisonburg), Claiborne Parish (Homer), Concordia Parish (Vidalia), DeSoto Parish (Mansfield),East Baton Rouge Parish (Baton Rouge), East Carroll Parish (Lake Providence), East Feliciana Parish (Clinton), Evangeline Parish (Ville Platte), Franklin Parish (Winnsboro), Grant Parish (Colfax), Iberia Parish (New Iberia), Iberville Parish (Plaquemine), Jackson Parish (Jonesboro), Jefferson Parish (Gretna), Jefferson Davis Parish (Jennings), Lafayette Parish (Lafayette), Lafourche Parish (Thibodaux), LaSalle Parish (Jena), Lincoln Parish (Ruston), Livingston Parish (Livingston), Madison Parish (Tallulah), Morehouse Parish (Bastrop), Natchitoches Parish (Natchitoches), Orleans Parish (New Orleans), Ouachita Parish (Monroe), Plaquemines Parish (Pointe a la Hache), Pointe Coupee Parish (New Roads), Rapides Parish (Alexandria), Red River Parish (Coushatta), Richland Parish (Rayville), Sabine Parish (Many), St. Bernard Parish (Chalmette), St. Charles Parish (Hahnville), St. Helena Parish (Greensburg), St. James Parish (Convent), St. John the Baptist Parish (Edgard), St. Landry Parish (Opelousas), St. Martin Parish (St. Martinville), St. Mary Parish (Franklin), St. Tammany Parish (Covington), Tangipahoa Parish (Amite), Tensas Parish (St. Joseph), Terrebonne Parish (Houma), Union Parish (Farmerville), Vermilion Parish (Abbeville), Vernon Parish (Leesville), Washington Parish (Franklinton), Webster Parish (Minden), West Baton Rouge Parish (Port Allen), West Carroll Parish (Oak Grove), West Feliciana Parish (St. Francisville), Winn Parish (Winnfield)

The legal information offered by Larry Curtis, Personal Injury Attorney and contained herein, regarding Louisiana legal statutes and Louisiana claimants' rights, is general in scope. No legal attorney / client relationship with our attorneys is hereby formed nor is the information herein intended as formal legal advice. Please contact a Louisiana lawyer regarding your specific inquiry.See Terms of Use.