Hastings v. Dis Tran Products, Inc.

EDWIN F. HUNTER, Jr., Chief Judge.

Our function in this diversity case is to determine applicable Louisiana products liability law. Erie R.R. Co. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188 (1938). Broadly, the questions include (1) whether Louisiana has adopted strict liability as defined by the Restatement of Torts, 402A and/or has devised its own concept of strict products liability under the civilian principles of fault; (2) whether plaintiff’s own acts, no matter how they are denominated, constitute a defense to a strict liability breach, and if so, in particular, what kind of…