Davis, et al. v. American Home Products Corporation

Case Updates

NCLC urged a Louisiana court of appeals to hold that the plaintiffs in a product liability case have not proved that a safer alternative design existed at the time the product left the manufacturer’s control. Under the Louisiana Products Liability Act, manufacturers can only be held liable if there existed an alternative design for a product that could have prevented the claimant’s damage. The plaintiffs in this case have only shown that the manufacturer had access to the engineering, materials, and technology to develop an alternative design. NCLC noted that the plain language of the law provides the clarity and predictability required for companies to manufacture and sell their products in Louisiana.