Sentences with phrase «of products liability applies»

When a consumer is injured by the proper use of a product, the law of products liability applies.

Not exact matches

This limitation of liability also applies irrespective of the cause, including negligence of us or a Supplier, withdrawal, cancellation, or failure to provide a Product, delay, any variation in the Product, the provision of substitute Products or a change in the Supplier.

For instance, in a personal injury case involving a defective product, the final jury instructions will include information on both personal injury law and products liability law, as well as an explanation of the general negligence standard that may apply to both personal injury and products liability cases.

Strict liability may be applied in products liability cases, such as when a manufacturer or seller of a defective product puts that product into the stream of commerce and users are injured.

Whether it is automobile, truck, cruise ship, airline, premises liability, medical malpractice, defective product or some other mechanism of injury we have the experience to apply the wrongful death laws for the benefit of our clients.

One form of liability is warranty liability, which arises from an express or implied contract with a purchaser of the product and only applied to parties to the contract.

It does not apply to minors or interdicts in actions involving permanent disability and brought pursuant to the Louisiana Products Liability Act or state law governing product liability actions in effect at the time of the injury oLiability Act or state law governing product liability actions in effect at the time of the injury oliability actions in effect at the time of the injury or damage.

For strict liability to apply, the product must have been purchased in the chain of distribution.

Product Liability Defense: Applying the Rule of Law Now and in the Future, INSIDE THE MINDS: LEADING PRODUCT LIABILITY LAWYERS - INDUSTRY INSIDERS ON THE ART AND SCIENCE BEHIND SUCCESSFUL PRODUCT LIABILITY LAW (July / August 2003)(AspatoreProduct Liability Defense: Applying the Rule of Law Now and in the Future, INSIDE THE MINDS: LEADING PRODUCT LIABILITY LAWYERS - INDUSTRY INSIDERS ON THE ART AND SCIENCE BEHIND SUCCESSFUL PRODUCT LIABILITY LAW (July / August 2003)(AspatoLiability Defense: Applying the Rule of Law Now and in the Future, INSIDE THE MINDS: LEADING PRODUCT LIABILITY LAWYERS - INDUSTRY INSIDERS ON THE ART AND SCIENCE BEHIND SUCCESSFUL PRODUCT LIABILITY LAW (July / August 2003)(AspatorePRODUCT LIABILITY LAWYERS - INDUSTRY INSIDERS ON THE ART AND SCIENCE BEHIND SUCCESSFUL PRODUCT LIABILITY LAW (July / August 2003)(AspatoLIABILITY LAWYERS - INDUSTRY INSIDERS ON THE ART AND SCIENCE BEHIND SUCCESSFUL PRODUCT LIABILITY LAW (July / August 2003)(AspatorePRODUCT LIABILITY LAW (July / August 2003)(AspatoLIABILITY LAW (July / August 2003)(Aspatore Books)

The primary occasion when the courts have rejected a plaintiff's effort to seek application of the doctrine of strict product liability, on the ground that there is no product, has been when he or she has tried to apply the theory to defective services, rather than defective goods.

In the 1970's, he handled the first case in the Court of Appeals of Maryland to apply the doctrine of «strict liability in tort» to an actual product liability case in the Maryland courts.

When the negligence is in relation to product design or manufacturing or a failure to warn appropriately, the area of law that applies is called defective products, product liability or strict products liability.

While New Mexico product liability law differs from that which was applied by the court in this case, the case is still illustrative of how manufacturers can be held liable for products that are defectively designed or manufactured.

And plaintiffs from across the country love the state high court's willingness to apply New Jersey's longer - running statute of limitations to product liability claims.

(1) extending negligent misrepresentation beyond «business transactions» to product liability, unprecedented in Texas; (2) ignoring multiple US Supreme Court decisions that express and implied preemption operate independently (as discussed here) to dismiss implied preemption with nothing more than a cite to the Medtronic v. Lohr express preemption decision; (3) inventing some sort of state - law tort to second - guess the defendant following one FDA marketing approach (§ 510k clearance) over another (pre-market approval), unprecedented anywhere; (4) holding that the learned intermediary rule does not apply whenever a defendant «compensates» or «incentivizes» physicians to use its products, absent any Texas state or appellate authority; (5) imposing strict liability on an entity not in the product's chain of sale, contrary to Texas statute (§ 82.001 (2)-RRB-; (6) creating a claim for «tortious interference» with the physician - patient relationship, again utterly unprecedented; (7) creating «vicarious» breach of fiduciary duty for engaging doctors to serve as expert witnesses in mass tort litigation also involving their patients, ditto; and (8) construing a consulting agreement with a physician as «commercial bribery» to avoid the Texas cap on punitive damages, jaw - droppingly unprecedented.

He's been doing some thinking about how something analogous to the «two schools of thought» medical malpractice doctrine should apply to medical product liability cases.

THIS LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OR OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED ON THE SimplyInsured SERVICE, OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SimplyInsured SERVICE, OR SERVICES, PRODUCTS OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE SimplyInsured SERVICE.

Courts began to apply the concept of strict liability to products in the 1960s and 1970s, determining that the costs of injuries from defective products should be borne by the companies responsible for the defects, not by the injured users.

7.11 In circumstances where the Non-Excluded Guarantees do not apply, we and our committee of management, officers, employees, agents, contractors, service providers, successors or assigns exclude liability for any loss or damage whatsoever (including but not limited to direct, indirect, incidental, special, consequential or exemplary damages) you may suffer arising out of, or in any way related to use of the Product or Paid Product.