How does the doctrine of comparative fault apply in product liability cases?

In Louisiana, the doctrine of comparative fault applies in product liability cases. This means that if both the plaintiff and the defendant are found to be at fault, the court will assign each party a percentage of fault. The amount of damages the plaintiff is awarded will be reduced based on their percentage of fault. This doctrine is often used in product liability cases where the product was defective, but the plaintiff also failed to use the product correctly or did not follow instructions provided. In such cases, the court may hold both the manufacturer of the product and the plaintiff responsible for the damages. For example, if a plaintiff brought a product liability lawsuit against a manufacturer for a defective product, and the court finds that the plaintiff was 25% responsible for the damages because they failed to follow instructions for use, the court may reduce the plaintiff’s damages by 25%. The doctrine of comparative fault is an important element of product liability law in Louisiana and many other states. It ensures that both parties are held accountable for their actions and recognizes that there may be shared responsibility in product liability cases.

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How does the doctrine of comparative fault apply in product liability cases?

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