After all, the existing tort - liability system is flexible enough to cover autonomous cars, and accident victims are extremely likely to go after automakers with deep pockets
for product liability suits rather than individuals with auto insurance policies with lower limits.
For instance, if the product had a flaw that would not be noticed through average use by an average person of average intelligence within ten years, it may still qualify
for a product liability suit.
Not exact matches
On November 19, 2008, a Lee County, Alabama jury returned a defense verdict
for Black & Decker (U.S.) Inc. in a
product liability suit in which the plaintiff alleged that a Dewalt small angle grinder was defectively designed.
A
products liability suit is a lawsuit brought against the seller of a
product for selling a defective
product that caused physical injury to a consumer or user.
Although there is no limit to the list of
products that could form the basis of a
products liability suit, some of the more common
product categories include apparel, asbestos, chemicals, cosmetics, firearms, food (most recently fast food, which has been contended to be at least partly responsible
for America's obesity epidemic), machinery and tools, medical
products and devices, motor vehicles, pharmaceutical
products, recreational
products, and tobacco.
Product liability litigation is likely to include
suits for physical injury arising from intoxication and
suits for physical injury arising from long - term medical effects including addiction.
Hathaway filed
suit against Cintas, asserting causes of action
for negligence, breach of warranty, and
products liability.
When the strap breaks because it was overloaded and a consumer is then injured or property damaged, the company may find itself involved in a
product liability suit and responsible
for those injuries and damages simply
for making false or uninformed claims.
If,
for example, no (or inadequate) safety features have been included to keep children from opening a container and gaining access to a poison, the
product may be determined to be defective in a
product -
liability suit.
The inadequacy of instructions
for safe use may also be considered a defect in a
product -
liability suit.
In a restaurant customer's
products liability suit alleging damages from eating contaminated oysters at a Roanoke restaurant, a Roanoke U.S. District Court denies third - party defendant seafood company's motion to strike the third - party plaintiff restaurant's demand
for a jury trial.
Since joining Branch MacMaster in 1998, Don has acted
for the defence and
for plaintiffs in numerous class action law
suits, including
products liability, life insurance and health claims.
Back in 1990, Ian Frazier did a brilliant take
for the New Yorker on
product liability law
suits when he wrote a «claim» in the matter of:
(There's probably a lawyer out there who sees a class - action
products liability suit against YouTube by its users
for YouTube failing to warn its users of this foreseeable danger of a lawsuit that gives outsiders access to users private information as part of discovery.)
This wouldn't bar a
suit against a third - party contractor who made a defective
product, but I suspect that their contracts contain a waiver of
liability for negligence or defective
products given that this is highly experimental technology.
Her trial experience includes
product liability and mass tort cases, as well as
suits involving premises
liability for violent crimes.
Attorneys
for both plaintiffs and defendants will find comprehensive coverage of such matters as: the advantages and disadvantages of
suits based on strict
liability, negligence and breach of warranty; the use of state consumer protection statutes; the duty to warn and its innumerable ramifications; the
liability of the manufacturers, retailers and other potential defendants in the distribution chain; successor
liability; federal preemption of common law claims; monitoring
product safety during design, manufacturing and distribution; causation theories in actions involving multiple manufacturers;
product misuse and alteration; the elements of proof needed in an action; recovery
for economic loss; punitive damages; and the government contractor defense.
If a seller that is merely a «pass - through» distributor is sued
for product liability, the seller can seek recovery
for the costs of the
suit from the manufacturer.