Construction: 5 Years after the date owner takespossession of the improvement to real property.La R.S. 9:2772.
Delictual actions are subject to a liberative prescription of one year. This prescription commences to run from the day injury or damage is sustained. It does not run against minors or interdicts in actions involving permanent disability and brought pursuant to the Louisiana Products Liability Act or state law governing product liability actions in effect at the time of the injury or damage. La. Civ. Code Ann. art. 3492
In cases where injury or damage is not immediately apparent, prescription does not begin to run under the Louisiana Products Liability Act (LPLA) until a reasonable plaintiff would become aware of the connection between her condition and the defendant's alleged tortious actions, that is, until the plaintiff knows or should reasonably know that she has suffered damages. Guidry v. Aventis Pharmaceuticals, Inc., M.D.La.2006, 418 F.Supp.2d 835.
Prescriptive period on claim under Louisiana Products Liability Act (LPLA), for injuries patient allegedly suffered as result of taking drug for treatment of rheumatoid arthritis, began to run when doctor told her to stop using drug because it could be causing her gastrointestinal problems, not when her spouse subsequently became aware from Internet article of possible connection between drug and liver problems. Id.
Prescriptive period applicable to plaintiff's products liability claim against manufacturer and retailer of extended-wear contact lenses did not begin to run until plaintiff read magazine article which indicated that her wearing of extended-wear contact lenses may have caused eye infection and permanent damage to her vision, notwithstanding plaintiff's knowledge that contact lens use in general could cause infection. Hoerner v. Wesley-Jensen, 684 So. 2d 508 (La. App. 4 Cir. 1996).
Even though exact nature of automobile defect was not ascertained until automobile owner read newspaper article describing transmission design defects, manner in which automobile accident had occurred and continuous trouble owner had with cruise control and braking systems up to time of accident constituted notice sufficient to commence prescriptive period. Moran v. Volkswagen of America, Inc., 519 So.2d 871 (La. App. 4 Cir. 1998).
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