§2800.54.  Manufacturer responsibility and burden of proof

A.  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.