Delise & Hall

The Diver's Attorney

New Orleans

504.836.8000

The Negligence Standard

Unlike a strict liability standard, a negligence theory under products liability law investigates the acts, actions, omissions, or conduct of a party.To recover under a negligence standard, the injured consumer must show that the manufacturer, seller, or distributor failed to act reasonably in the manufacture, design, testing, distribution, labeling, or assembly of the product and that the failure to act reasonably was the cause of the damage done.

The salient question under a negligence review involves defining “reasonable conduct.” The reasonableness of an action must be viewed in light of the standards of other similarly situated actors under like circumstances. That is, if the actions of a developer, manufacturer, or vendor are under review, those actions must be viewed in light of other reasonably prudent inventors, manufacturers, or vendors under similar circumstances. Should the actions of the actor fall below the standard of reasonably accepted conduct and cause a consumer’s injury, then the unreasonable actor will be held liable and accountable in a court of law.

Case Summaries

PUBLIC SAFETY DIVER KILLED DURING TRAINING TRAINING NEGLIGENCE – INAPPROPRIATE RESCUE

Delise and Hall represented the surviving wife and two children of JD, a 37 year old public safety d…

COMMERCIAL DIVER DEATH DIVER’S UMBILICAL BECOMES ENTRAPPED IN PROPELLER OF DSV

Commercial diver, JC, age 31, died when his umbilical become entrapped in the propeller of the jack-…

COMMERCIAL DIVER DEATH DIVER KEEL-HAULED BELOW SUPERTANKER

Commercial diver, MS, age 28, was killed when he was pulled underneath a supertanker being cleaned o…

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New Orleans Office
Delise & Hall
1100 Poydras St., Suite 1502
New Orleans, LA 70163
Phone: 504.836.8000

Covington office
Delise & Hall.
528 W. 21st Avenue
Covington, LA 70433
Phone: 985.249.5915

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