The laws related to the various
theories of product liability can be incredibly complex.
Not exact matches
A: There is a possibility
of combining social - based or emotionally based torts with more traditional
product liability theory — something that creators might want to keep an eye on.
While the landscape is somewhat in flux with respect to the specific
theories of liability that can be invoked to pursue claims regarding manufacturing defects, design defects, and failure to warn, all three remain central to
products liability law.
There are several
theories of liability in
product liability cases.
She understands that the key to handling most
product liability cases is a detailed understanding
of the
product's design and utility, and because
of her experience and attention to detail, she is at home dealing with complex engineering concepts, picking apart experts»
theories and defending her clients»
products.
Possible legal
theories that can be argued in a
products liability case include negligence (lack
of reasonable care in the manufacture or sale
of the
product or in warning about the
product), breach
of warranty (failure to fulfill the terms
of a promise regarding the
product's performance), misrepresentation (giving consumers a false sense
of security about a
product's safety), and strict
liability (under which the
product's defect, although not the fault
of the defendant, rendered the
product unreasonably dangerous and the defendant is therefore responsible).
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.
(And one
of the
product liability jury wins still required Merck to pay a plaintiff $ 15 plus attorneys» fees on a consumer fraud
theory.)
Product liability is a strict liability theory that does not require proof of negligent conduct but relates directly to product
Product liability is a strict
liability theory that does not require proof
of negligent conduct but relates directly to
product product defect.
This
theory addresses what a manufacturer's
liability is for older versions
of its
products, when there have been more recent developments in safety.
The ruling upheld the dismissal
of design defect claims in a suit alleging that certain manufacturers are liable under
theories of strict (
product)
liability and negligence.
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.
Unlike most medical negligence claims in New York, claims against a medical
product manufacturer require the establishment
of a different
theory of liability.
Products liability cases use one
of three legal
theories: negligence, strict
liability, or breach
of warranty.
735 ILCS 5/13-213 (c): Alteration, modification or change No
product liability action based on any
theory or doctrine to recover for injury or damage claimed to have resulted from an alteration, modification, or change
of the
product unit after the date
of first sale, lease, or delivery
of possession
of the
product unit to its initial user, consumer, or other nonseller may be limited or barred by subsection (b) if the action is commenced within the applicable limitation period; and, in any event, within 10 years from the date the alteration, modification, or change was made, unless defendant expressly has warranted or promised the
product for a longer period and the action is brought within that period.
Strict
Liability: In general, products liability cases are pursued under the theory of strict l
Liability: In general,
products liability cases are pursued under the theory of strict l
liability cases are pursued under the
theory of strict
liabilityliability.
We know how to evaluate and investigate recreational injuries under legal
theories of premises
liability, negligent supervision,
product liability or other causes.
There are three main legal
theories of defective
product liability:
If you have been injured using a consumer
product, the seller
of the
product may be responsible under a «strict
liability» legal
theory.
It is a guide to all the issues and all the possibilities that can come up in environmental, toxic tort, and
product liability litigation — whether related to PowerPoint, scientific expert witnesses, competing scientific
theories, body language, or any
of a myriad
of questions that can come up in this complex field.
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.
While a
product liability lawsuit is also a possible course
of action, most cases will be brought under the
theory of negligence.
It is not uncommon for plaintiffs to pursue
theories of negligence and
products liability in their lawsuits.
A manufacturer can be held liable under a
products liability theory for any
of the following actions / inactions: negligently designing the
product, negligently manufacturing the
product, failing to warn
of the
products dangers, breaching a warranty or misrepresenting (either fraudulently or innocently) the
product.
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.
We have represented our insurance clients as lead counsel in a variety
of litigation and dispute resolution matters including: Life and Annuity Sales Practices Including class action and individual cases alleging misleading and deceptive sales practices and breaches
of duty pursuant to a variety
of theories of liability related to life, annuity, and retirement
products.
In some states, a company or person who designs, manufactures, inspects, distributes, or installs an item can be held responsible for a defective
product under the
theory of strict
liability.
The laws in each state are different, but in general, there are four
theories that drive most
product liability cases: Negligence, Breach of Warranty, Misrepresentation and Strict L
liability cases: Negligence, Breach
of Warranty, Misrepresentation and Strict
LiabilityLiability.
The Drug and Medical Device
Product Liability Deskbook includes: detailed coverage of: warning - related claims and defenses; other information - based theories; strict liability; FDA - related per se liability; preemption of common law tort claims by the Food, Drug & Cosmetic Act and FDA regulations; class actions in drug and medical device litigation; theories of liability asserted against entities other than manufacturers; practical issues involving litigation management; the use of expert witnesses; and many other importan
Liability Deskbook includes: detailed coverage
of: warning - related claims and defenses; other information - based
theories; strict
liability; FDA - related per se liability; preemption of common law tort claims by the Food, Drug & Cosmetic Act and FDA regulations; class actions in drug and medical device litigation; theories of liability asserted against entities other than manufacturers; practical issues involving litigation management; the use of expert witnesses; and many other importan
liability; FDA - related per se
liability; preemption of common law tort claims by the Food, Drug & Cosmetic Act and FDA regulations; class actions in drug and medical device litigation; theories of liability asserted against entities other than manufacturers; practical issues involving litigation management; the use of expert witnesses; and many other importan
liability; preemption
of common law tort claims by the Food, Drug & Cosmetic Act and FDA regulations; class actions in drug and medical device litigation;
theories of liability asserted against entities other than manufacturers; practical issues involving litigation management; the use of expert witnesses; and many other importan
liability asserted against entities other than manufacturers; practical issues involving litigation management; the use
of expert witnesses; and many other important topics.
Most deck, porch, and railing collapse cases involve legal
theories of negligence, premises
liability,
product liability, and construction law.
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Product Liability analyzes both the theory and practice of products liability litigation, whether the issue is asbestos, automobiles, food, drugs, chemicals, household products, or any of the hundreds of other products that may be the subject of li
Liability analyzes both the
theory and practice
of products liability litigation, whether the issue is asbestos, automobiles, food, drugs, chemicals, household products, or any of the hundreds of other products that may be the subject of li
liability litigation, whether the issue is asbestos, automobiles, food, drugs, chemicals, household
products, or any
of the hundreds
of other
products that may be the subject
of litigation.
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.
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