Product Liability Economic Damages Expert in Louisiana

By Christopher Skerritt, M.Ed., MBA, Chief of Economic Services · Published · Reviewed

KW Economics prepares economic damages analyses for product liability cases venued in Louisiana: the components the loss claim consists of, the records that drive them, and a present value built to Louisiana's damages rules and venues. Plaintiff and defense.

A product liability economic claim measures lost earnings and benefits, household services, and the present value of future care, or the survivors' loss when the injury was fatal, built from the injured person's own path rather than from an occupation the product happened to involve. Read the full product liability analysis guide.

Louisiana courts and expert standards

Louisiana courts ask the trial judge to act as gatekeeper for expert testimony, examining whether the economist is qualified, whether the method is reliable and accepted in the profession, and whether it was applied reliably to the facts of the case. An economic damages report answers those questions by tying each input to the record and citing its published sources.

Where these cases are heard

Highest court: Louisiana Supreme Court. Federal venues: E.D. La., M.D. La., W.D. La. Court system: lasc.org.

Outside the civil courts, wage-loss disputes in workers' compensation matters proceed before the Louisiana Office of Workers' Compensation Administration.

Damages framework

Louisiana's civil code provides a survival action for the decedent's own damages and a separate wrongful death action for the designated beneficiaries' losses, both measured under a pure comparative fault system. The collateral source rule applies with exceptions the courts have carved out for amounts written off by providers, and judicial interest runs on tort awards from the date of judicial demand.

How the analysis is built

The same four steps apply to a product liability case venued in Louisiana; the damages framework above decides which components enter the total.

  1. Establish the but-for path from the earnings history or, for a child, student, or homemaker, from the educational path, occupational data, or the household work performed.
  2. Draw the post-injury path from actual earnings and the work-capacity opinions, and project both paths over the applicable worklife or life expectancy with growth.
  3. Value household services from time-use data and local rates, and price future care from the life care plan with category-specific cost growth.
  4. Discount every stream to present value at a stated rate and, where there are multiple claimants, apply one documented methodology to each record.

Attorney guides for product liability cases

Other case types in Louisiana

Frequently asked: product liability cases in Louisiana

Which Louisiana courts hear product liability cases?

Product Liability cases venued in Louisiana are heard in the District Court (General jurisdiction; civil and criminal cases at the parish level). Final appeals run to the Louisiana Supreme Court. Matters within federal jurisdiction proceed in the United States District Courts for the Eastern District of Louisiana, Middle District of Louisiana, and Western District of Louisiana.

How does Louisiana's damages framework shape the economic analysis?

Louisiana's civil code provides a survival action for the decedent's own damages and a separate wrongful death action for the designated beneficiaries' losses, both measured under a pure comparative fault system. The collateral source rule applies with exceptions the courts have carved out for amounts written off by providers, and judicial interest runs on tort awards from the date of judicial demand. Louisiana courts ask the trial judge to act as gatekeeper for expert testimony, examining whether the economist is qualified, whether the method is reliable and accepted in the profession, and whether it was applied reliably to the facts of the case. An economic damages report answers those questions by tying each input to the record and citing its published sources.

More questions about product liability analysis

References

Request a consultation on product liability cases in Louisiana or call (201) 343-0700. Plaintiff and defense counsel.