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      RS 9:2800.52     


§2800.52.  Scope of this Chapter

This Chapter establishes the exclusive theories of liability for manufacturers for damage caused by their products.  A claimant may not recover from a manufacturer for damage caused by a product on the basis of any theory of liability that is not set forth in this Chapter.  Conduct or circumstances that result in liability under this Chapter are "fault" within the meaning of Civil Code Article 2315.  This Chapter does not apply to the rights of an employee or his personal representatives, dependents or relations against a manufacturer who is the employee's employer or against any principal or any officer, director, stockholder, partner or employee of such manufacturer or principal as limited by R.S. 23:1032, or to the rights of a claimant against the following, unless they assume the status of a manufacturer as defined in R.S. 9:2800.53(1):

(1)  Providers of professional services, even if the service results in a product.  

(2)  Providers of nonprofessional services where the essence of the service is the furnishing of judgment or skill, even if the service results in a product.  

(3)  Producers of natural fruits and other raw products in their natural state that are derived from animals, fowl, aquatic life, or invertebrates, including but not limited to milk, eggs, honey, and wool.  

(4)  Farmers and other producers of agricultural plants in their natural state.  

(5)  Ranchers and other producers of animals, fowl, aquatic life, or invertebrates in their natural state.  

(6)  Harvesters and other producers of fish, crawfish, oysters, crabs, mollusks, or other aquatic animals in their natural state.  

Acts 1988, No. 64, §1, eff. Sept.  1, 1988.  

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