Vehicle Defect and Auto Product Liability FAQs for Louisiana Drivers

A driver on Prien Lake Road last spring got a call from the insurance adjuster two days after a crash. The adjuster was polite, professional, and asked whether the driver had ever received a recall notice for the airbag. She had. Three years before. She had set it aside and never scheduled the repair. That fact became the center of six months of litigation over whether she could recover for the injuries the defective airbag inflator caused when it finally ruptured.

Vehicle defect claims involve a specific body of Louisiana law, a federal regulatory structure for auto safety, and a set of practical evidence rules that most drivers have never heard of. The questions below reflect what clients actually ask when they come in after a crash they think was caused by a problem with their car. The answers apply to claims under the Louisiana Products Liability Act, La. R.S. 9:2800.51 et seq., and Louisiana Civil Code Article 2323's modified comparative fault system.

Questions About Recalls and Manufacturer Knowledge

My car had an open recall I never got fixed. Does that affect my defect claim?

It can go both ways. An open recall covering the component that failed strengthens your case against the manufacturer, because it shows they identified and acknowledged the defect. Under the LPLA, manufacturer knowledge of a defect is relevant to design defect and failure-to-warn theories. However, Louisiana's comparative fault system under Civil Code Article 2323 allows a jury to assign a percentage of fault to you if it finds your failure to complete the recall contributed to the crash. On balance, open recalls usually help plaintiffs, but a well-funded manufacturer will use them as evidence of shared fault. Preserve all recall notices, mailing records, and any dealership communications about the recall.

The dealership told me the recall was completed but I think it was not. What can I do?

Get the dealership's service records in writing right now. If the records show a completion entry but the physical vehicle shows no evidence the repair was performed, you may have claims against both the manufacturer and the dealership. In Louisiana, a dealership that falsely certifies recall completion can be liable for the resulting injuries under general negligence principles, even though the LPLA focuses on manufacturers. Preserve the car before any repairs so an expert can examine whether the recall work was actually done. Do not let the dealership re-inspect the car themselves.

Questions About Who Can File a Claim

Can passengers sue the car manufacturer after a defect-caused crash?

Yes. Passengers have the same right to bring an LPLA claim as the driver. The passenger only needs to show the product was unreasonably dangerous, that the defect caused the crash or made their injuries worse (seat structure collapse, failed restraint system, defective side curtain airbag), and that they were injured. Passengers rarely contribute to fault in defect cases, which makes their claims cleaner to present. If the airbag deployed incorrectly and a passenger was hurt, that passenger's claim stands independently of the driver's.

We explain how fault percentages and deadlines work after a Louisiana injury in our 2026 Tort Reform Survival Guide.

What if the defect was in a used car I bought from a private seller?

The LPLA claim runs against the manufacturer, and the fact that you bought the car used does not eliminate that claim. The manufacturer is responsible for defects that existed when the product left their control. The challenge is proving the defect was original, not introduced later. The physical condition of the part, factory tolerances, recall and TSB records, and expert comparison to the manufacturer's specifications all go toward showing the defect was present from manufacture rather than caused by subsequent wear or modification. Used-car defect cases are harder, but they are not impossible.

Questions About Costs, Attorneys, and the Process

How much does it cost to hire a vehicle defect attorney in Louisiana?

Most Louisiana plaintiff's attorneys who handle vehicle defect cases work on contingency. No upfront attorney's fee. You pay a percentage of whatever you recover, typically 33% if the case settles before trial and 40% if it goes to verdict. Expenses like automotive engineering fees, accident reconstruction costs, and court filing fees are usually fronted by the firm and reimbursed from the recovery. If you recover nothing, you owe nothing in fees, though some agreements may make you responsible for out-of-pocket expenses regardless. Get the fee agreement in writing before you sign anything.

How Louisiana's 51% Rule Applies to These Questions

Every question above eventually touches the same pressure point in Louisiana defect cases: the 51% bar under Civil Code Article 2323. If a jury assigns you more than 50% of the total fault for the crash, you walk away with zero regardless of how serious your injuries are.

Take a concrete example. A driver on the I-210 loop near Lake Charles is going 72 mph in a 65 mph zone when the front tire blows out due to a manufacturing defect. Total damages: $350,000, including surgery at CHRISTUS Ochsner St. Patrick and six months of lost income. The manufacturer argues: the tire was slightly underinflated (driver's responsibility), the driver was speeding (driver's fault), and the driver did not replace the tires at the mileage threshold in the owner's manual. The jury assigns 35% to the driver and 65% to the manufacturer. Recovery: $227,500 (65% of $350,000). If the jury had reached 51% driver fault, recovery would be zero.

This is why every answer above circles back to evidence preservation. The EDR data, the physical failed part, a qualified automotive engineer who can explain the specific defect, and recall records showing the manufacturer's prior knowledge all push fault toward the manufacturer and away from the driver. Losing that evidence loses those percentage points.

Frequently Asked Questions

My car had an open recall I never got fixed. Does that affect my defect claim?

Yes, in two directions. An open recall on the failed component is evidence that the manufacturer acknowledged the defect, which supports your LPLA claim. At the same time, the manufacturer will argue your failure to complete the recall contributed to the crash, which can raise your fault percentage under Louisiana's comparative fault rule. Save all recall notices and any paperwork showing why the repair was delayed or whether you even received notification.

The dealership told me the recall was completed but I think it was not. What can I do?

Request service records immediately and preserve the vehicle so an independent expert can inspect whether the recall work was actually performed. If the dealership certified a recall completion that never happened, you may have claims against both the manufacturer and the dealership. A dealership's false certification of safety work is a separate liability from the manufacturer's design or construction defect, and it may also involve consumer protection law.

Can passengers sue the car manufacturer after a defect-caused crash?

Yes, passengers have full rights under the LPLA and are often in a stronger comparative fault position than drivers. The passenger only needs to show the product was unreasonably dangerous, the defect caused their injuries, and they were using the vehicle in a reasonably anticipated way. They do not have to account for how the vehicle was being driven.

How much does it cost to hire a vehicle defect attorney in Louisiana?

Most vehicle defect attorneys work on contingency with no upfront fees, typically taking 33% of a pre-trial settlement or 40% of a trial verdict. Case expenses like engineering experts and reconstruction specialists are usually advanced by the firm. Ask about the specific fee structure and what happens to expenses if the case does not result in a recovery before signing any agreement.

What if the defect was in a used car I bought from a private seller?

The LPLA claim goes against the manufacturer, not the seller, and buying a used vehicle does not eliminate it. You must show the defect existed when the manufacturer released the product. Factory specifications, recall history, Technical Service Bulletins, and an expert inspection of the failed component are the evidence that establishes original defect rather than post-sale wear. These cases require stronger expert testimony than new-car claims, but they are viable.

Legal Disclaimer: This article is for general information only and is not legal advice. Louisiana vehicle defect and product liability law has a lot of moving parts, and the facts of every case are different. Statutes, regulations, and case law also change over time. Reading this does not create an attorney-client relationship. If you were injured in a crash involving a defective car or part in Lake Charles or Calcasieu Parish, talk to a licensed Louisiana personal injury attorney as soon as you can. The one-year prescriptive period for personal injury claims is strictly enforced.