Product Liability
This is FindLaw’s collection of Product Liability articles, part of the Litigation and Disputes section of the Corporate Counsel Center. Product liability laws are based on the the premise that companies generally have a duty to protect consumers from potential hazards. Courts have held that manufacturers generally have more insight and knowledge about their products, so it falls to them to assume financial responsibility for any injuries or damage they cause. Law articles in this archive are predominantly written by lawyers for a professional audience seeking business solutions to legal issues. Start your free research with FindLaw.
Civil Litigation
Product Liability Articles
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Consequential Damages can be Recovered when Privity of Contract is Absent
On September 12, 1997, the Virginia Supreme Court resolved a difficult conflict regarding the types of damages which a plaintiff can seek to recover from a defendant absent privity of contract. The Virginia Supreme Court answered the following ...
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Consumers Need More Information About Air Bags: Will Congress Stop Passing the Buck
Today, the public might think it is better informed about air bags than ever before. Sadly, it is not. In October 1998, I represented Norma Swanson in the Swanson v Nissan, a federal district court case in Portland, OR, that was settled after trial ...
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Contribution Rights of A Settling Defendant In Texas
Traditionally, in Texas, a defendant can settle only its proportionate share of common liability and cannot preserve rights against a non-settling defendant under common law or the comparative negligence statute, (Texas Civil Practice and Remedies ...
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Defensive Driving for Motorcyclists
Article provided by the Karney Law Firm. Please visit our Web site at www.karneylaw.com. Riding a motorcycle can be a dangerous affair. According to the National Highway Traffic Safety Administration (NHTSA), North Carolina reported around 200 ...
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Disarming the Defense
Early in my career I tried a products liability case in federal court against a ladder manufacturer. I had no evidence that similar accidents had ever occurred before. During a week of trial, I repeatedly endured the defense argument that the ...
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Document Retention In The Digital Age: How Long Is Long Enough?
The advent of the “paperless society” has been a boon for fastidious record keepers and the lazy alike. With storage capacity expanding to unfathomable dimensions and storage costs per bit of data approaching zero, the incentive to discard, at least ...
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Documenting A Manufacturer’s Design Process
Some manufacturers do very little to incorporate safety into the design of their products; others do a lot. If a manufacturer performs an adequate safety analysis in its design process, it should also create proper records so it can defend the ...
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Ending Secrecy in Defective Product Litigation: New Federal Reporting Rule for Consumer Products
Manufacturers of consumer products, as of January 1, 1991, are required to report to the Consumer Product Safety Commission settlements in cases involving "grievous bodily injury or death" caused by defective products. The new legislation, 15 U.S ...
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Enforcement Policy Statement on U.S. Origin Claims
The Federal Trade Commission ("FTC" or "Commission") is issuing this statement to provide guidance regarding its enforcement policy with respect to the use of "Made in USA" and other U.S. origin claims in advertising and labeling. The Commission ...
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Enhanced Injuries and the Restatement of Torts Third
Prior to the seminal case of Larsen v. General Motors, 391 F.2d 495 (8th Cir. 1968)1, it was an open question as to whether or not a product defect must have caused the accident in order for the victim to sue under a product liability theory. See ...
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