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HB 102

LIABILITY/TORTS: Expands La. Products Liability Act to include digital products

2025 Regular Session Introduced by Mike Bayham and 18 co-sponsors

Louisiana expands products liability law to cover digital products, potentially subjecting software makers to traditional tort liability for defects, failures, or inadequate warnings.

Read second time by title and referred to the Committee on Judiciary A.
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Bill Summary · HB 102

Legislative bill overview

HB 102 expands Louisiana's Products Liability Act to explicitly cover digital products, extending traditional product liability protections and legal remedies to software, applications, and other digital goods. The bill has already passed the House unanimously and is now in Senate committee review. This brings digital products under the same liability framework previously applied only to physical goods.

Why is this important

As consumers and businesses increasingly rely on digital products for critical functions, this clarifies legal responsibility when software fails, causes harm, or malfunctions. It establishes whether companies can be sued for defective code, security vulnerabilities, or inadequate warnings—questions currently ambiguous in Louisiana law. This affects pricing, liability insurance costs, and consumer recourse for digital product failures.

Potential points of contention

  • Technology industry concerns: Software developers and tech companies may argue the act was designed for physical products and applying it to code creates unworkable standards, unpredictable liability exposure, and chilling effects on innovation
  • Definition ambiguity: The bill's language on what constitutes a "digital product" versus a service could create disputes (is cloud storage a product? A subscription service? An API?), leading to litigation over scope
  • Liability cascade: Makers of digital products rely on third-party components and open-source code; unclear how liability flows through supply chains when multiple parties contributed to a defect

Compiled from official sources — confirm details with the bill’s official record.

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