A federal court granted defendant summary judgment in a products case alleging that a propane heater that exploded was responsible for plaintiff's husband's death. See Ayala v. Gabriel Building Supply, No. 2:12-cv-00577 (E.D. La., 4/26/13).
Plaintiff filed a wrongful death and survival action in state court. Defendants removed the matter and the federal court dismissed plaintiff's claims for negligence, strict liability, and manufacture of an ultra hazardous project, holding that plaintiff's theories of recovery are limited to the Louisiana Products and Liability Act ("LPLA"). Under Louisiana law, the LPLA provides the exclusive remedy against manufacturers in a products liability action. Demahy v. Schwarz Pharma, Inc., 702 F.3d 177, 182 (5th Cir. 2012). To maintain a successful action under the LPLA, a plaintiff must prove: "(1) that the defendant is a manufacturer of the product; (2) that the claimant's damage was proximately caused by a characteristic of the product; (3) that this characteristic made the product 'unreasonably dangerous'; and (4) that the claimant's damage arose from a reasonably anticipated use of the product . . . . " Stahl v. Novartis Pharms. Corp., 283 F.3d 254, 261 (5th Cir. 2002).
Defendants then moved for summary judgment on the basis that the subject heater was not "unreasonably dangerous" under the LPLA. A product can be "unreasonably dangerous" in four ways: (i) in construction or composition; (ii) in design; (iii) for failure to provide an adequate warning; and (iv) for failure to conform to an express warranty.
One of plaintiff's claims was design defect. A product is unreasonably dangerous in design if, at the time the product left the manufacturer's control:
- There existed an alternative design for the product that was capable of preventing the claimant's damage; and
- The likelihood that the product's design would cause the claimant's damage and the gravity of that damage outweighed the burden on the manufacturer of adopting such alternative design and the adverse effect, if any, of such alternative design on the utility of the product La. Rev. Stat. § 9:2800.56.
Plaintiff failed to present any credible evidence that an alternative design existed that could have prevented plaintiff's injuries. And there was no evidence regarding the burden of adopting the design and any adverse effect on the utility of the heater. Given the foregoing, plaintiff could not prove that the subject heater was unreasonably dangerous in design.
To prevail under the manufacturing defect (construction or composition theory), Louisiana courts require the plaintiff to (i) set forth the manufacturer's specifications for the product and (ii) demonstrate how the product materially deviated from those standards so as to render it unreasonably dangerous. Roman v. W. Mfg, Inc., 691 F.3d 686, 698 (5th Cir. 2012). Plaintiff's expert opined that the most probable cause of the fire and the injuries was a propane leak in the subject heater. However, since all non-ferrous components of the subject heater melted in the fire, he based his opinion on an examination of another heater. He conceded that there was no evidence to suggest the subject heater itself was defective. In fact, the expert admitted that he could not conclusively rule out other potential sources of a propane leak, such as a faulty propane tank or plaintiff's failure to properly secure the fitting. That didn't meet the burden.
To maintain a failure-to-warn claim, a plaintiff must demonstrate that the product possessed a characteristic that may cause damage and the manufacturer failed to use reasonable care to provide an adequate warning of such characteristic and its danger to users of the product. Stahl, 283 F.3d at 261. In all cases, however, a manufacture is liable for inadequate warning only if such defect was a proximate cause of the plaintiff's injury. Peart v. Dorel Juvenile Grp., Inc., No. 09–7463, 2011 WL 1336563, at *3 (E.D. La. Apr. 7, 2011). In addition to proving causation in fact, a plaintiff must also demonstrate that the inadequate warning was the most probable cause of his injury. See Wheat v. Pfizer, Inc., 31 F.3d 340, 342 (5th Cir. 1994). Here, Plaintiff failed to meet this burden of establishing causation. Indeed, Plaintiff's expert failed to adequately support a defect, as above, and offered nothing credible to establish a causal connection between the alleged failure to provide an adequate warning and plaintiff's injury.