What Is Product Liability? Product liability refers to cases where defective goods cause harm. People expect the products they buy to work as intended. But when these products are defective, those who use them may be unjustly harmed. The fault may then be traced back to the companies who mad...
Successfully defended a major, publicly-traded equipment manufacturer against multiple wrongful death and catastrophic product liability personal injury cases (e.g., paraplegia) in various jurisdictions. Also provided advice on matters related to investigations by the U.S. Consumer Products Safety Commissio...
Product Liability Cases in Civil Law Countries: A Pro-Plaintiff ApproachPRODUCT liability claims are one of the fastest-growing types of claims in the European Union...Gallage-Alwis, SylvieInternational Association of Defense CounselsDefense Counsel Journal...
Five of the largest product liability cases in the U.S. included as defendants the corporations Altria Group (the former Philip Morris), General Motors, Dow Corning, and Owens Corning.
There are three sources within the law that are applicable in product liability cases: contract law, statutory provisions, and tort law. Under contract law, a manufacturer can be held liable for: A breach of a condition (a fundamental obligation which is crucial to the contract). Warranty...
directive will add further risks for the companies affected by it and that their own internal processes will have to be updated with regard to product monitoring and documentation obligations as well as in the minimising and, if necessary, prevention of risks of possible product liability cases. ...
A.Limitation periods for bringing a claim under the PLA and based on tort: Under the PLA, the right to seek damages based on product liability is extinguished by prescription if: The victim or his legal representatives do not exercise such right within three years (five years in cases of da...
Every year, Winston assembles an esteemed faculty of thought leaders from legal, business, and academic backgrounds to provide a unique opportunity to gain insights into the latest trends, challenges, and opportunities in the product liability and mass tort arena. ...
Product liability cases based on a theory of negligence require the plaintiffs to prove the following legal elements: The manufacturer owed a duty of care to the plaintiff The manufacturer breached the duty of care that was owed to the plaintiff The breach of the duty of care directly or prox...
Products Liability - Legal Doctrines Hawaii Cases and Comment Manufacturer Negligence Lessor Negligence Manufacturer Warranties Lessor Warranties Strict Liability- Manufacturers Strict Liability- Lessors Last Clear Chance Assumption of Risk Comparative Negligence Other Similar Accidents Lay & Expert Witnesses Video...