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Product liability in Louisiana

Louisiana’s Products Liability Act provides the exclusive theories for claims against manufacturers for product-caused damage: unreasonably dangerous construction or composition, design, inadequate warning, or nonconformity to an express warranty. The general delictual prescription is two years from injury or damage for actions arising after July 1, 2024; the 2024 act applies prospectively. It includes a narrow rule for minors or interdicts with permanent disability in product-liability actions, so preserve the injury date and claimant-specific facts. 1,3,4,5

What Is Product Liability?

Product liability can cover claims that a product you make, import, distribute or sell injured someone or damaged property. If your business handles products, describe every role in the supply chain and ask how the quote treats product damage and recall costs. Read the national Product liability guide.

What to Watch for in Louisiana

  • Manufacturer claims must fit the Act’s listed theories

    The Louisiana Products Liability Act says it establishes the exclusive manufacturer-liability theories for product-caused damage. It limits recovery to four specified categories: construction or composition, design, warning, or failure to conform to an express manufacturer warranty. Claimants bear the burden of proving the statutory elements. 1,3

  • Use and product role are part of the statutory scope

    The Act applies to a product characteristic that proximately caused damage when the damage arose from a reasonably anticipated use. Its definitions include some sellers as manufacturers when they label a product as their own, influence a causal product characteristic, or meet the Act’s specified alien-manufacturer alter-ego test; the Act also lists service and natural-product exclusions. 2,3

  • The two-year rule applies prospectively

    For delictual actions arising after July 1, 2024, Louisiana Civil Code art. 3493.1 sets two years from when injury or damage is sustained. Act 423 says the change applies prospectively only, so do not apply the new period to an earlier-arising action without checking the former law and transition facts. 4,5

  • A narrow minor and permanent-disability exception is stated

    Article 3493.1 says the two-year prescription does not run against minors or interdicts in actions involving permanent disability brought under the Louisiana Products Liability Act or the product-liability law in force when harm occurred. That exception is specific to the stated claimant and disability conditions. 4,5

  • Confirm that the item fits the Act’s product definition

    The Act defines a product as a corporeal movable manufactured for trade or commerce, including a component or an item later incorporated into another product or immovable. A business selling a digital-only item should have counsel assess whether the Act’s definition applies rather than assume that it does. 2

Who Regulates Insurance in Louisiana

Louisiana Department of Insurance

The Louisiana Department of Insurance licenses producers and insurers, reviews insurance filings, and investigates complaints about insurance companies and agents. You can use its state lookup or complaint service to check a license or raise an insurance issue. 6,7,8

Surplus-lines tax and stamping office

Reported tax rate: 4.85% of gross premium plus a 0.175% SLIP+ transaction fee for policies effective on or after July 1, 2026 For Louisiana-home-state policies effective on or after July 1, 2026, the state charges 4.85% of gross premium plus a 0.175% SLIP+ transaction fee, which your broker may add to your bill. Louisiana's required policy disclosure says these policies are not covered by the Louisiana Insurance Guaranty Association; state placement and filing rules still apply. 9,10

Providers With Documented State Licenses

These providers publish a national listing for Product liability; the state records document licenses for the entities and roles shown below. Some records rely on company-reported information rather than independent regulator verification. A national listing does not confirm the product is available in Louisiana. Check the regulator’s license lookup and confirm state availability for your business when requesting a quote.

  • VouchVouch Specialty Insurance Services, LLCInsurance producer, Surplus-lines broker · checked 2026-09-28Vouch’s licenses page, effective January 16, 2025, lists producer licenses in all 50 states and DC. Its separate surplus-lines table includes Idaho number 870820, while a footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses. Because those statements conflict for Idaho, this record keeps Idaho producer-only and does not treat the table number as established agency surplus-lines authority. The page is company-reported and does not establish product availability. 17

Questions to Ask Before You Buy in Louisiana

  1. Which product characteristic and one of the four statutory theories does the claim involve, and what evidence shows the product’s condition when it left manufacturer control?
  2. How was the product used or handled, and does the record show a reasonably anticipated use or an alteration the manufacturer should reasonably expect?
  3. When was injury or damage sustained, when did the action arise, and do claimant age or permanent-disability facts affect prescription?
  4. Does the offering contain a physical product, embedded software or a digital-only item, and has counsel classified which statutory product rules apply?

Product Liability in Louisiana: FAQ

Can a claimant use any theory to recover against a manufacturer in Louisiana? 1,3

For product-caused damage, the LPLA states that it provides exclusive manufacturer-liability theories. It lists construction or composition, design, inadequate warning and nonconformity to an express warranty, subject to the Act’s definitions and proof requirements. 1,3

When does Louisiana’s two-year product-injury period apply? 4,5

The two-year delictual prescription runs from when injury or damage is sustained for actions arising after July 1, 2024. Act 423 applies the change prospectively only and provides a specific minor or interdict permanent-disability rule. 4,5

Does Louisiana’s product-liability statute clearly cover digital-only offerings? 2

The current statute defines a product as a corporeal movable and includes components or products incorporated into other items. The text does not expressly answer every digital-only product question, so sellers should ask counsel to classify the specific offering. 2

Product Liability in Other States

Other Coverage in Louisiana

Sources

  1. La. R.S. 9:2800.52, Scope of this Chapter. Louisiana State Legislature; Current statute, scope and listed exclusions; Acts 1988, No. 64, effective September 1, 1988. Accessed 2026-09-28.
  2. La. R.S. 9:2800.53, Definitions. Louisiana State Legislature; Current statute, definitions of manufacturer, product, seller, reasonably anticipated use and alteration; effective September 1, 1988. Accessed 2026-09-28.
  3. La. R.S. 9:2800.54, Manufacturer responsibility and burden of proof. Louisiana State Legislature; Current statute, subsections A–D; four theories, product-control timing and claimant burden; effective September 1, 1988. Accessed 2026-09-28.
  4. Louisiana Civil Code art. 3493.1, Delictual actions. Louisiana State Legislature; Current statute text; Acts 2024, No. 423, §1, effective July 1, 2024. Accessed 2026-09-28.
  5. 2024 Louisiana Act 423, HB 315, enrolled text. Louisiana State Legislature; Sections 1, 3 and 4, two-year rule, prospective application and July 1, 2024 effective date. Accessed 2026-09-28.
  6. Louisiana Department of Insurance. Louisiana Department of Insurance; Homepage and consumer services. Accessed 2026-09-28.
  7. Insurance License Lookup. Louisiana Department of Insurance; State-designated producer/company search. Accessed 2026-09-28.
  8. File an Insurance Complaint. Louisiana Department of Insurance; State complaint process and contact. Accessed 2026-09-28.
  9. Surplus Lines Premium Tax. Louisiana Department of Insurance; Current tax/transaction fee and July 1, 2026 transition. Accessed 2026-09-28.
  10. La. R.S. 22:433. Louisiana Legislature; Required policy disclosure; no LIGA protection. Accessed 2026-09-28.
  11. Licenses. At-Bay; Current producer introduction and state table; At-Bay Insurance Services LLC; P&C and surplus-lines identifiers. Accessed 2026-09-21.
  12. Licenses and Carriers. Coalition; Licenses and Carriers, re-read 22 September 2026: Insurance Licenses table for Coalition Insurance Solutions, Inc., national producer number 18419475, with producer and surplus-lines numbers for all 50 states and DC including California 0L76155, Georgia 196479, Texas 2199630 and 2205589, Pennsylvania 815731 and 817452, Colorado 539028 and Wisconsin 3000108852. Insurance Carriers table naming, with NAIC numbers, Allianz Underwriters Insurance Company 36420, Arch Specialty Insurance Company 21199, Ascot Specialty Insurance Company 45055, Ascot Insurance Company 23752, Aspen Specialty Insurance Company 10717, Chaucer Insurance Company DAC, Coalition Insurance Company 29530, Fireman's Fund Indemnity Corporation 11380, Fortegra Specialty Insurance Company 16823, Lloyd's of London, MSIG Specialty Insurance USA Inc. 34886, MS Transverse Specialty Insurance Company 41807, Steadfast Insurance Company 26387, Vantage Risk Specialty Insurance Company 16275 and Zurich American Insurance Company 16535. Accessed 2026-09-22.
  13. Insurance Producer Licenses. Corgi Insurance; Current complete Insurance Producer Licenses table for Corgi Insurance Services, Inc.; 50 rows covering 49 states and DC (DC 3003091619); no New Mexico row; no NPN or as-of date shown. Accessed 2026-09-28.
  14. About Hiscox US Insurance. Hiscox; Hiscox Insurance Company Inc. NAIC 10200 as Chicago, IL domiciled insurer admitted or licensed in all 50 states and D.C.; Hiscox Inc. as general agent and Lloyd’s coverholder for Syndicates 33 and 3624; surplus-lines placements through licensed surplus-lines brokers; A.M. Best rating statement. Accessed 2026-09-16.
  15. Licenses. ERGO NEXT Insurance; Current entity-by-state license table reopened 28 September 2026: 50 rows under Next First Insurance Agency, Inc., including Washington, DC; New York rows instead list Next Insurance Services PC-1423070 and AP Intego BR-1198885. Accessed 2026-09-28.
  16. Insurance Licenses by State. TechInsurance; Current state table; identifies TechInsurance as a division of Specialty Program Group LLC d/b/a SPG Insurance Solutions; lists DC 3000041536 and labels Rhode Island “Individual licenses,” without an agency license number. Accessed 2026-09-28.
  17. Licenses. Vouch; Effective 16 January 2025: Vouch Specialty Insurance Services, LLC, NPN 19926463; P&C table (50 states and DC); surplus-lines table includes Idaho 870820; footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses; Idaho retained as producer-only due to conflict. Accessed 2026-09-15.

Updated .

This guide is informational and does not determine whether a policy is available or meets your needs. Editorial policy. To suggest a correction, contact Spot with a supporting source.

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