What is the “state of the art” defense?

The “state of the art” defense is a specific type of defense used in products liability law in Louisiana. It states that when a company manufactures or sells a product, they are not liable for any injuries or damages caused by it, unless it can be proven that the product was “unreasonably dangerous” when it was put to its intended use. Essentially, the “state of the art” defense allows a company to escape liability if the product was only dangerous due to its design or construction given the current state of scientific and technological knowledge. In other words, this defense allows companies to show that, given the current technological standards, their product could not have been designed any safer. This defense is meant to protect companies from outdated legal standards related to product safety. Without this defense, companies could potentially be held responsible for dangers that are beyond their control, and which are in line with current scientific and technological knowledge. In Louisiana, the court will consider a variety of factors when determining whether or not a product was “unreasonably dangerous”, such as the nature of the product, the safety precautions that were taken to create the product, and the purpose of the product. This defense does not shield companies from liability for negligence, however, only from liability for product design and construction defects.

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What is the “state of the art” defense?

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