DEMAND FOR SETTLEMENT - PRODUCTS LIABILITY

STATE OF LOUISIANA

[FIRM NAME]
Attorneys at Law
[Street Address]
[City, Louisiana ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]
Licensed in the State of Louisiana

DATE: [Date]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND FIRST-CLASS MAIL

[General Counsel / Risk Management / Claims Representative]
[Manufacturer / Distributor / Retailer Name]
[Street Address]
[City, State ZIP]

RE: PRODUCTS LIABILITY CLAIM - SETTLEMENT DEMAND
Claimant: [Client Full Name]
Date of Incident: [Date]
Product: [Product Name, Model Number, Serial Number]
Manufacturer: [Manufacturer Name]
Purchase Date/Location: [Date / Retailer Name]
Claim Number: [If assigned]

Dear [Recipient Name]:

This firm represents [Client Name] in connection with serious personal injuries caused by a defective [Product Name] designed, manufactured, distributed, and/or sold by your company. This letter constitutes our formal demand for settlement pursuant to Louisiana law.

I. LOUISIANA-SPECIFIC LEGAL FRAMEWORK

A. Governing Law - Louisiana Products Liability Act (LPLA)

Louisiana products liability claims are governed exclusively by the Louisiana Products Liability Act (LPLA), codified at La. R.S. 9:2800.51 et seq. The LPLA provides the exclusive remedy against manufacturers for damage caused by their products. Jefferson v. Lead Industries Association, Inc., 106 So. 3d 74 (La. 2012).

Key Elements Under LPLA (La. R.S. 9:2800.54):
1. The defendant is a manufacturer of the product;
2. The claimant's damage was proximately caused by a characteristic of the product;
3. The characteristic made the product unreasonably dangerous in one of four ways; and
4. The claimant's damage arose from a reasonably anticipated use of the product.

B. Definition of Manufacturer

Under La. R.S. 9:2800.53(1), "manufacturer" includes:
- A person who manufactures the product
- A person who labels a product as his own
- A seller who exercises control over the design, construction, or quality
- A seller of a product manufactured outside the United States (if domestic manufacturer cannot be identified)

Non-manufacturers (mere sellers) are generally NOT liable under the LPLA unless they fall within specific exceptions.

C. Four Categories of Unreasonably Dangerous Products

The LPLA establishes four exclusive categories of unreasonably dangerous products:

1. Construction or Composition Defect (La. R.S. 9:2800.55):
A product is unreasonably dangerous in construction or composition if, at the time it left the manufacturer's control, it deviated materially from the manufacturer's specifications or performance standards.

2. Design Defect (La. R.S. 9:2800.56):
A product is unreasonably dangerous in design if, at the time it left the manufacturer's control, a reasonably anticipated alternative design existed that would have prevented the damage, and the likelihood and gravity of harm outweighed the burden on the manufacturer and consequences to the product's utility.

3. Inadequate Warning (La. R.S. 9:2800.57):
A product is unreasonably dangerous due to inadequate warning if, at the time it left the manufacturer's control, the product possessed a characteristic that may cause damage and the manufacturer failed to use reasonable care to provide an adequate warning.

4. Nonconformity to Express Warranty (La. R.S. 9:2800.58):
A product is unreasonably dangerous if it does not conform to an express warranty made by the manufacturer about the product.

D. Statute of Limitations

IMPORTANT - SHORT PRESCRIPTIVE PERIOD:

Under La. C.C. Art. 3492, the prescriptive period (statute of limitations) for delictual (tort) actions is one (1) year from the date the damage was sustained or from the date the plaintiff knew or should have known of the damage.

This claim arises from an injury that occurred on [Date], and therefore the prescriptive period expires on [Expiration Date].

Interruption and Suspension: Louisiana has specific rules for interruption and suspension of prescription that should be reviewed.

E. Statute of Repose

Louisiana does not have a general products liability statute of repose. Claims may be brought regardless of when the product was manufactured, provided they fall within the prescriptive period.

F. Comparative Fault

LOUISIANA FOLLOWS PURE COMPARATIVE FAULT.

Under La. C.C. Art. 2323, a plaintiff's recovery is reduced by their percentage of fault, but recovery is never completely barred regardless of the plaintiff's percentage of fault.

• Fault is apportioned among all persons causing the damage, including non-parties
• Product misuse and failure to follow warnings may reduce recovery
• Under La. R.S. 9:2800.59, a claimant's fault shall not bar recovery but shall reduce damages

Our client was not at fault: [Describe why client bears no or minimal fault]

G. Solidary (Joint and Several) Liability

Louisiana uses solidary liability (equivalent to joint and several liability) under La. C.C. Art. 2324. However:
- Solidary liability applies when the fault of each obligor is a proximate cause of the damage
- A defendant's liability is limited to their virile share unless the plaintiff is fault-free
- If plaintiff is partly at fault, each defendant is liable only for their proportionate share under La. C.C. Art. 2324(B)

H. Punitive Damages

Punitive damages are generally NOT available under Louisiana law. Louisiana follows a civil law tradition that does not recognize punitive damages except where specifically authorized by statute.

Exceptions include:
- Child pornography (La. C.C. Art. 2315.3)
- Drunk driving (La. C.C. Art. 2315.4)
- Criminal sexual activity (La. C.C. Art. 2315.8)

II. PRESERVATION OF EVIDENCE - SPOLIATION WARNING

YOU ARE HEREBY DIRECTED TO IMMEDIATELY PRESERVE ALL EVIDENCE relating to this product and claim, including but not limited to:

Product-Related:
- [ ] The subject product and all component parts
- [ ] All exemplar products of the same make and model
- [ ] Design documents, specifications, and engineering drawings
- [ ] Manufacturing records for the subject product
- [ ] Quality control records and inspection reports
- [ ] Testing data and results (pre-market and post-market)
- [ ] Safety assessments and risk analyses
- [ ] FMEA (Failure Mode and Effects Analysis) documents
- [ ] All versions of owner's manuals, instructions, warnings, and labels

Regulatory and Complaints:
- [ ] Communications with FDA, CPSC, NHTSA, or other regulatory agencies
- [ ] Consumer complaints involving this product
- [ ] Prior claims and lawsuits involving this product
- [ ] Recall notices and service bulletins

Louisiana courts impose sanctions for spoliation of evidence. Reynolds v. Bordelon, 14 So. 3d 524 (La. App. 3d Cir. 2009). Destruction of evidence may result in adverse inferences and other sanctions at trial.

III. THE DEFECTIVE PRODUCT

A. Product Identification

B. Chain of Distribution

IV. THE DEFECT

A. Nature of Defect - Design Defect (La. R.S. 9:2800.56)

Under the LPLA, a product is unreasonably dangerous in design if:
1. There existed an alternative design capable of preventing the claimant's damage; AND
2. The likelihood that the product's design would cause the claimant's damage, together with the gravity of that damage, outweighed the burden on the manufacturer of adopting such alternative design AND the adverse effect on the utility of the product.

Alternative Design Analysis:
[Describe alternative design and how it would have prevented injury]

Risk-Utility Balancing:
The likelihood of harm: [Describe]
The gravity of harm: [Describe]
The burden on manufacturer: [Describe]
The effect on utility: [Describe]

The [Product Name] contains a design defect in that:
[Detailed description of design defect]

B. Nature of Defect - Construction or Composition Defect (La. R.S. 9:2800.55)

Under the LPLA, a product is unreasonably dangerous in construction or composition if it deviated in a material way from the manufacturer's specifications or performance standards for the product.

The product at issue:
[Describe how product deviated from specifications]

C. Nature of Defect - Inadequate Warning (La. R.S. 9:2800.57)

Under the LPLA, a product is unreasonably dangerous due to inadequate warning if:
1. The product possessed a characteristic that may cause damage;
2. The manufacturer failed to use reasonable care to provide adequate warning of that characteristic and its danger; AND
3. A reasonable person in the position of the manufacturer would or should have known of the characteristic and its danger.

Learned Intermediary Doctrine: Louisiana recognizes this doctrine for prescription drugs and medical devices under La. R.S. 9:2800.57(C).

The warnings provided were inadequate because:
[Describe warning deficiencies]

D. Nonconformity to Express Warranty (La. R.S. 9:2800.58)

The product did not conform to the following express warranty:
[Describe express warranty and how product failed to conform]

V. THE INCIDENT

A. How the Injury Occurred

On [Date], at approximately [Time], our client was [describe what client was doing with the product]:

[Detailed narrative of the incident]

B. Reasonably Anticipated Use

Under La. R.S. 9:2800.54(B), damage must arise from a "reasonably anticipated use" of the product. Our client was using the product in a manner that was:
- [ ] Intended by the manufacturer
- [ ] Reasonably foreseeable by the manufacturer
- [ ] In accordance with provided instructions

C. No Comparative Fault

Our client exercised reasonable care at all times. Under Louisiana's pure comparative fault system, even if some fault is attributed to our client, recovery is not barred.

VI. LIABILITY ANALYSIS

A. Liability Under LPLA

All elements of Louisiana products liability are satisfied:

1. Defendant is a Manufacturer: Your company manufactured/labeled/controlled the design of this product.

2. Proximate Cause: A characteristic of the product proximately caused our client's damage.

3. Unreasonably Dangerous: The product was unreasonably dangerous under [La. R.S. 9:2800.55/56/57/58] as described above.

4. Reasonably Anticipated Use: Our client's damage arose from a reasonably anticipated use of the product.

B. Specific Theories

Construction/Composition Defect:
The product deviated materially from the manufacturer's specifications.

Design Defect:
An alternative design existed that would have prevented the injury, and the risk-utility balance favors the alternative design.

Inadequate Warning:
The manufacturer failed to provide adequate warning of a dangerous characteristic.

Express Warranty:
The product did not conform to express warranties made by the manufacturer.

VII. PRIOR KNOWLEDGE OF DEFECT

Evidence of your company's prior knowledge of this defect includes:
- [ ] [Number] prior complaints regarding this defect
- [ ] [Number] prior injuries from this defect
- [ ] Recall or service bulletins issued
- [ ] Internal documents acknowledging the defect

Such prior knowledge demonstrates that a reasonable manufacturer would have known of the characteristic and its danger.

VIII. INJURIES AND DAMAGES

A. Injuries Sustained

As a direct and proximate result of the defective product, our client sustained:

Physical Injuries:
- [ ] [Injury 1]
- [ ] [Injury 2]
- [ ] [Injury 3]

Surgeries and Procedures:
- [ ] [Surgery 1]
- [ ] [Surgery 2]

Permanent Conditions:
- [ ] [Permanent condition 1]
- [ ] [Permanent condition 2]

B. Medical Expenses

Future Medical Expenses: $[Amount]

C. Lost Wages and Earning Capacity

D. Non-Economic Damages

Under La. C.C. Art. 2315, recoverable damages include:
- Physical pain and suffering
- Mental pain and suffering
- Disfigurement
- Loss of enjoyment of life
- Loss of consortium (for spouse)

E. Summary of Damages

IX. SETTLEMENT DEMAND

Based upon the clear liability of your company under the Louisiana Products Liability Act and the severe injuries suffered by our client, we hereby demand:

$[DEMAND AMOUNT]

This demand will remain open for forty-five (45) days from the date of this letter, expiring at 5:00 p.m. Central Time on [Expiration Date].

X. CONCLUSION

This case involves a defective product that caused serious injuries to our client. Your company is liable under the Louisiana Products Liability Act. Under Louisiana's pure comparative fault system, our client is entitled to full recovery reduced only by any percentage of fault attributable to our client, if any.

If this matter cannot be resolved, we are prepared to file suit in the [Parish] District Court, State of Louisiana, and to pursue this matter through trial.

Please contact me at your earliest convenience.

Respectfully submitted,

[FIRM NAME]

By: _________________________________
[Attorney Name]
Louisiana State Bar No. [Number]
Attorney for [Client Name]

ENCLOSURES: [List]

cc: [Client Name]
[File]

LOUISIANA PRODUCTS LIABILITY PRACTICE NOTES

• [ ] LPLA is Exclusive Remedy: The Louisiana Products Liability Act is the exclusive remedy against manufacturers. All claims must be brought under the LPLA framework.

• [ ] Short Prescriptive Period: Louisiana has only a ONE (1) year prescriptive period for tort claims. Act quickly to preserve the claim.

• [ ] Manufacturer Liability Only: Under the LPLA, only "manufacturers" as defined by statute are liable. Mere sellers are generally not liable.

• [ ] No Punitive Damages: Louisiana generally does not allow punitive damages except in specific statutory circumstances.

• [ ] Pure Comparative Fault: Louisiana is a pure comparative fault state - plaintiff's recovery is reduced but never barred.

• [ ] Civil Law System: Louisiana is a civil law jurisdiction. Precedent operates differently than in common law states.

• [ ] Expert Testimony: Required to establish defect and causation in most cases. Louisiana follows Daubert standard under La. C.E. Art. 702.

• [ ] Venue: District Court in parish where defendant is domiciled, where the cause of action arose, or where the plaintiff is domiciled if defendant is a nonresident. La. C.C.P. Art. 42.

• [ ] Survival and Wrongful Death: Louisiana has specific rules for survival actions (La. C.C. Art. 2315.1) and wrongful death (La. C.C. Art. 2315.2).

• [ ] Direct Action Against Insurer: Louisiana allows direct action against liability insurers under La. R.S. 22:1269.

Louisiana products liability law operates under the unique Louisiana civil law system. This template must be reviewed and customized by a licensed Louisiana attorney before use.