Sentences with phrase «strict products liability»

In most states, businesses are liable under strict products liability for simply selling contaminated food, even if they didn't do anything negligent in the process.

The allegations include breach of implied and express warranty, consumer and common law fraud, unjust enrichment, negligence, and strict products liability with defective design or manufacture and failure to warn.

A claim for strict products liability requires proof, in the alternative, either of the ordinary consumer's expectations or of the risk - utility of a product.

Vermont has adopted the doctrine of strict products liability as embodied in Restatement (Second) of Torts S 402A.

Strict products liability law applies to any accident caused or worsened by a product defect.

Placitella & Darnell, Beshada v. Johns Manville Products Corp.: Evolution or Revolution in Strict Products Liability, 51 Fordham L. Rev. 801 (1983).

$ 11 million professional negligence and strict products liability claim brought by three refinery workers injured in an explosion at the Paramount Refinery in Paramount, California.

Plaintiff brought strict products liability and negligence claims involving an alleged failure to properly guard the subject machine.

Products Liability — Products liability claims are some of the most complex and involved among injury claims, and with legal theories such as strict products liability and courtrooms filled with unsympathetic juries, manufacturers may feel like the cards are stacked against them.

There may be multiple theories of liability in these lawsuits, including strict product liability, negligence, marketing defect, failure to warn, manufacturing defect, design defect, or breach of warranty.

On strict products liability for a manufacturing defect, the claim failed because the plaintiff

The Wisconsin Supreme Court on July 14 issued a decision (4 - 2) affirming an appeal from a lower court that Deer & Company was not liable under strict products liability for an injury caused to a bystander.

The woman's heir filed a wrongful death lawsuit, alleging negligence and strict product liability against Michelin and a negligence claim against the driver of the pickup.

In theory, we don't yet have strict products liability like in the U.S. Would you exclude that, if we ever get there?

He authored, «In Search of a Remedy: Do State Laws Exempting Sellers from Strict Product Liability Adequately Protect Consumers Harmed by Defective Chinese - Manufactured Products?

(See below for explanation of strict products liability.)

Nonetheless, C.B. Fleet Company may be held liable for negligence under pharmaceutical statutes or be subject to strict product liability laws, in which case negligence need not be proven.

A federal judge says that a plaintiff's defective design, manufacturing design, failure to warn, negligence, marketing defect, and strict product liability claims in one pelvic mesh case against Boston Scientific Corp can proceed.

Plaintiffs filed numerous Florida state law claims, including strict product liability, negligence, intentional misrepresentation, breach of express warranty, implied warranty, and violation of Florida's Deceptive and Unfair Trade Practices Act.

The Wisconsin Supreme Court affirmed (4 - 2) an appeal from a lower court that Deer & Company was not liable under strict products liability for an injury caused to a bystander.

If these accidents are caused by the vehicles, it is possible that the families of people who are killed may be able to hold the companies liable under theories of negligence and strict products liability.

If you bring a strict products liability lawsuit, you will need to pinpoint some defect, such as:

As part of a strict products liability lawsuit, you can sue anyone who moved the vehicle along the stream of commerce, including:

Insurance companies and juries evaluate product defects according to strict products liability laws.

Specifically, a party injured as a result of a defective medical product may seek damages against the manufacturer based on theories of a breach of a promise, express or implied, negligence, or strict product liability, including a failure to warn users of dangers.

Florida courts impose different standards in assessing liability under negligence and strict products liability.

In addition to other areas of personal injury litigation, Keesal, Young & Logan has extensive experience in the area of strict products liability.

Defended major appliance manufacturer against negligence and strict product liability claims

Strict Products Liability: Negligence does not need to be a factor in strict products liability cases.

Strict product liability is a legal rule that holds sellers, distributors and / or manufacturers of defective products liable to the person injured by that product, regardless of whether defendant was negligent.

Food poisoning cases generally fall under one of three categories; negligence, strict products liability, or breach of warranty.

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.

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.

He practices in the full range of complex commercial litigation, and his experience includes litigating claims for breach of contract, strict products liability, negligence, breach of warranty, false advertising, unfair competition and violations of California's Proposition 65.

Claims against NECC may rely on a strict products liability theory, alleging that the contaminated drugs contained a manufacturing defect.