Sentences with phrase «warn by a preponderance of the evidence»

If the victim proves a defect or a failure to warn by a preponderance of the evidence, the manufacturer is automatically liable for both economic damages, such as medical bills, and noneconomic damages, such as loss of enjoyment in life.

Not exact matches

Subsequently, many courts have interpreted Wyeth as affirmatively holding both that the burden in such a case is on the defendant to prove the FDA would have rejected the warning advocated by the plaintiff, and that the standard by which this must be shown is an «exacting» one beyond the normal preponderance - of - the - evidence standard.