Legal Question in Consumer Law in Louisiana

Defective Product

I contracted with a company to install a olive jar fountain. I paid the company in full upon completion of the installation. The job was compleated in April of 2006 & in June of 2006 the jar started to deterioate and the sealer is continually flacking off. The jar was purchased from a local retailer by the contractor and was sealed to protect it aganist deteriation from the elements and the local water supply. Obviously the sealing process used by the sub-contractot did not work and the jar is deterioating, daily. The contractor agrees that there is damage to the jar and it is deterioating, however he will ot accept resposibility to replace the defective jar. The contractor said he is not legally responsible for the defective jar and will not correct the problem. He stated that since the jar came from a sub-contractor that the sub-contractor is responsble. I have a claim against the contractor with the Better Business Bureau of Shreveport, Louisiana and the have set up mediation with independent mediator who is not a lawyer. What is the law governing this problem?


Asked on 3/04/07, 11:29 am

1 Answer from Attorneys
Hardy Parkerson Retired Attorney; now Law Professor

Re: Defective Product

Dear LawGuru Friend,

As I read your question, immediately I concluded that the contractor is indeed responsible. Then when you asked "what is the law" on such a matter, I gulped; for I feel confident the contractor has breached his implied warranty, but to point you to the specific place in the law, without having a chance to research the matter, I am just not quite able. But based on my law studies of over forty years ago, plus over forty years' of law practice, it appears to me at first sight that you are right and that the contractor is wrong. And, yes, you are right doing what you are doing youself by researhing the law before you attend the Mediation. Good luck! Sorry I cannot give you a better answer! My first lawyer's guess is that this is a matter of "implied warranty". I am sure the answer you are looking for will be found somewhere in the LOUISIANA CIVIL CODE. I suggest you go to the website of the Louisiana Legislature, click on Louisiana Laws, go to the Civil Code and research it until you find your answer. Again, good luck!

Sincerely,

Hardy Parkerson, Atty.

Lake Charles

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Answered on 3/04/07, 1:32 pm


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