Legal Question in Product Liability in Louisiana

My rv caught on fire due to a faulty refigerator while in a storage facility causing damage to the storage unit and neighboring rv. I've contacted the manufacturer and they submitted a claim. It's been 10 days and I have not heard from anyone at the manufacturer. They are not denying the fridge is on the recall list, but not returning my calls. If they refuse to cover the cost of repairs on the other property, do these individuals make a claim with their insurance providers, then the insurance companies deal with this manufacture, or am I responsible for the repairs. Can I be sued over this?


Asked on 8/14/10, 5:32 am

1 Answer from Attorneys
Peirce Hammond Hammond Law Firm LLC

I've handled a similar RV fire case involving a faulty appliance. Typically, it is easier to get your loss covered by your own insurer who will then subrogate against the manufacturer to get reimbursed for their payment. That puts the headache of the litigation in your insurers hands.

As for whether someone can sue you, they can always file suit but whether they will prevail is the issue. I would not be surprised if someone did sue you but you're liability will depend on whether you knew or should have known of the defective or dangerous condition. Also, the storage facility may have a provision in their contract that gives them a contractual claim against you. Negligence claims would likely be covered by your liability insurance on the RV however, contract claims may not be if you did not have liabilty independant of the contract. This is a complicated case with many legal and factual issues to consider. You really need to talk to an attorney who can investigate the facts and give an informed opinion of what liabilty if any you may have. I would be happy to give you a free consultation on this matter.

Peirce A. Hammond

504-299-3458

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Answered on 8/19/10, 12:16 pm


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