Are there any restrictions on the types of damages that can be awarded in a product liability case?

Yes, there are restrictions on the types of damages that can be awarded in a product liability case in Louisiana. Generally, a plaintiff in a product liability case is only able to recover three types of damages: compensatory damages, punitive damages, and treble damages. Compensatory damages are awarded to the plaintiff to reimburse the plaintiff for any economic losses resulting from the defendant’s actions. Punitive damages are awarded to the plaintiff if the defendant’s actions were particularly egregious. Treble damages mean that the plaintiff is awarded triple the amount of compensatory damages. In Louisiana, a plaintiff can only receive punitive damages if the manufacturer or distributor of the product knowingly, willfully, or fraudulently caused the harm or if the actions were considered “aggravated or outrageous”. Punitive damages are also capped at three times the amount of compensatory damages. Additionally, treble damages are only available if the product was deemed “defectively manufactured”, meaning that the manufacturer or distributor of the product knew or should have known that the product was defective. In short, while there are restrictions on the types of damages that can be awarded in a product liability case in Louisiana, the plaintiff may still be eligible to receive compensatory, punitive, and/or treble damages if the manufacturer or distributor was grossly negligent or committed acts of fraud or deception.

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Are there any restrictions on the types of damages that can be awarded in a product liability case?

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