Product Liability Desk Reference

Product Liability Desk Reference PDF

Author: Morton F. Daller

Publisher: Wolters Kluwer Law & Business

Published: 2022-10-07

Total Pages: 1196

ISBN-13: 1543855040

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Product Liability Desk Reference: A Fifty-State Compendium, 2023 Edition, is a comprehensive resource that provides the most recent statutory and case law developments on product liability laws for each of the fifty states and the District of Columbia. Each state summary is practitioner-oriented and written by leading state experts who provide analysis of the statutory and case law developments particular to each jurisdiction. Each chapter includes detailed coverage of a state's standards regarding causes of action, statutes of limitation and repose, strict liability, negligence, breach of warranty, punitive damages, wrongful death, pre- and post-judgment interest, employer immunity from suit, joint and several liability, and statutes relevant to product liability actions. The book is designed to serve as a handy reference for corporate in-house counsel or the litigation management professional who is overseeing product liability cases in more than one state; the attorney handling product liability cases in more than one state; and the in-house professional at the liability, casualty, or property insurance company concerned with claims and litigation management. The 2023 Edition incorporates recent changes in the common law of the various states, including the following: Illinois has passed the Prejudgment Interest Act which now allows prejudgment interest in tort cases. This interest is calculated at the rate of 6% per annum on the amount of the judgment, minus punitive damages, sanctions, statutory attorney's fees, and statutory costs and subject to reduction based on rejected settlement offers. The Arizona Supreme Court ruled that the National Highway Traffic Safety Administration's (NHTSA) refusal to set formal standards for certain driver assist technologies did not preempt Arizona common law tort claims against the manufacturer for not implementing those features into its vehicles. Allowing a case against TikTok sounding in design defect to proceed, the Georgia Supreme Court held that intentional or tortious misuse of a product does not relieve the manufacturer of its design duty to the injured party.

The Preparation of a Product Liability Case

The Preparation of a Product Liability Case PDF

Author: Scott Baldwin

Publisher: Aspen Publishers

Published: 1995-12-31

Total Pages: 1066

ISBN-13: 9780316079730

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Product liability litigation is a rapidly changing field that involves a complex body of law as well as the technical disciplines of medicine and engineering. Whether you represent the plaintiff or the defendant, THE PREPARATION OF A PRODUCT LIABILITY CASE offers you both substantive analysis and practical, expert guidance on analyzing theories of liability, conducting pre-trial discovery and discovery of particular information, introducing crucial evidence and planning litigation strategies. You'll find all the hands-on guidance you need to tackle such essential aspects of the product liability litigation process as: Strict liability, including the design defect, manufacturing defect, and marketing defect theories Failure to warn Breach of warranty Admissibility of remedial measures Defenses, including alteration of the product, compliance with government standards, and open and obvious defects Investigating and preparing a product liability action. Helpful practice guides include numerous checklists and sample forms, as well as appendices of interrogatories, sample jury charges, and safety briefs in specific types of cases.

Products Liability Law

Products Liability Law PDF

Author: Mark Geistfeld

Publisher: Aspen Publishing

Published: 2014-12-09

Total Pages: 1176

ISBN-13: 145482137X

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Mark Geistfeld, the author of the leading textbook on products liability, an important text on tort law and dozens of scholarly articles, has class-tested the material in Products Liability Law for more than five years at NYU. He has made the study of products liability an advanced torts class that cements knowledge of fundamental tort principles while developing both specialized expertise and a deeper understanding of the torts process. Illuminating textual discussion follows a wide range of riveting cases. Unlike many casebooks that simply pose the question, Products Liability Law provides the analyses needed to address each challenging problem. Unifying the two competing conceptions of products liability, students become familiar with both approaches and develop a balanced perspective. Features: Stellar authorship: Mark Geistfeld leading textbook on products liability important tort law textbook dozens of scholarly articles. Classroom-tested for five years Makes the study of products liability an advanced tortsclass cements knowledge of fundamental tort principles develops both specialized expertise and a deeper understanding of the torts process Wide range of interesting cases followed by extended textual discussion Provides analysis needed to address challenging questions, missing from most casebooks Unifies the two competing conceptions of products liability

Product Liability Case Digest, 2019 Edition

Product Liability Case Digest, 2019 Edition PDF

Author: Baldwin, Hare, McGovern

Publisher: Wolters Kluwer

Published: 2018-08-15

Total Pages: 384

ISBN-13: 154380070X

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Here's a unique first-stop research tool that describes all the latest product liability cases by type of case, so you can quickly find key cases and typical issues involving similar products. Completely updated for this 2019-2020 Edition, Product Liability Case Digest covers the full range of products in six main categories: Construction Equipment and Materials Consumer Products Farm Machinery and Products Medical Products Motor Vehicles Workplace Products An invaluable tool for the busy practitioner, Product Liability Case Digest provides an immensely valuable head start to research by helping you quickly identify the most relevant and current decisions likely to affect your product liability case. It will save you incalculable amounts of time and money. Previous Edition: Product Liability Case Digest, 2018-2019 Edition, ISBN 9781454886297

Shapo on the Law of Products Liability

Shapo on the Law of Products Liability PDF

Author: Marshall S. Shapo

Publisher: Wolters Kluwer

Published: 2012-10-22

Total Pages: 3484

ISBN-13: 1454821477

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A proliferation of lawsuits involving sport utility vehicles, defective tires, medical devices and drugs, and asbestos abounds. Public attention to products liability cases is at an all-time high, and awards routinely run into the millions of dollars. When developing a strategy in this high stakes world, attorneys can't afford to have anything other than the best information and insight into this evolving area of law. Lawyers need practical tools to assess a products liability case's potential and build their approach, and Shapo on the Law of Products Liability provides the tools to give you the winning edge. Through a holistic analysis of the law and its principal developments as witnessed in hundreds of cases, this treatise gives litigators a wide variety of perspectives on potential strategies, and the tools to support those strategies with persuasive arguments. This authoritative two-volume work will enable you to: Assess products liability case potential and build sound litigation strategies Dig deep into products liability law to build creative approaches to litigation Craft a winning case and reap the greatest reward for your clients Find the tools and information to support strategies with persuasive arguments Both federal and state courts contribute a rich mix of decisions to products liability law, which covers both consumer products and occupational hazards. This indispensable resource for the products liability practitioner helps you prepare your case. Is the product defective? Who is liable? What is the manufacturer's responsibility? Who can be sued? What kind of awards may be realized? How might this be defended? Shapo on the Law of Products Liability also includes coverage of: Asbestos litigation Chinese drywall Food and drug Medical devices Design/manufacturing defects claims Punitive damages Discovery rule Up to date analysis and commentary History and background on products liability law Damages Advertising material Packaging Marshall S. Shapo, the Frederic P. Vose Professor at Northwestern University School of Law, is a nationally recognized authority on torts and products liability law.

Product Liability

Product Liability PDF

Author: Duncan Fairgrieve

Publisher: Oxford University Press

Published: 2020-05-20

Total Pages: 1112

ISBN-13: 0191669946

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Product Liability is a recognised authority in the field and covers the product liability laws through which manufacturers, retailers, and others may be held liable to compensate persons who are injured, or who incur financial loss, when the products which they manufacture or sell are defective or not fit for their purpose. Product defects may originate in the production process, be one of design, or be grounded in a failure to issue an adequate warning or directions for safe use and practitioners advising business clients or claimants will find this book provides all the necessary information for practitioners to manage a product liability claim. This new edition has been fully updated to take account of 10 years of development in case law and regulation, and the increasing impact of cross-border and transnational sale of goods. The Court of Justice of the European Union handed down major rulings concerning the Product Liability Directive which affect the application of the Directive and national arrangements and Fairgrieve and Goldberg examines this in detail. For any legal practitioner operating in areas which require knowledge of European product liability law, an understanding of the impact of recent developments is essential and this work is an essential resource for practitioners working on product liability, sale of goods, personal injury and negligence. The work provides comprehensive coverage of the law of negligence as it applies to product liability, of the strict liability provisions of the Consumer Protection Act 1987, and of the EU's Product Liability Directive on which the Act is based. Although the majority of cases involve pharmaceuticals and medical devices, in recent English cases the allegedly defective products have been as diverse as a child's buggy, an All Terrain Vehicle, and even a coffee cup. Many cases are brought as group actions, and the book examines the rights of those who are injured by defective products. As well as considering the perspective of the law as it has developed in the UK, this edition contains detailed discussion of case law from other jurisdictions including the USA, Australia, New Zealand, Canada, France and Germany. The coverage in the work is complemented by a full analysis of issues which arise in transnational litigation involving problems of jurisdiction and the choice of laws.

Product Liability Case Digest, 2020 Edition (IL)

Product Liability Case Digest, 2020 Edition (IL) PDF

Author: Baldwin, Hare, McGovern

Publisher: Wolters Kluwer

Published: 2019-08-08

Total Pages: 386

ISBN-13: 1543811604

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Product Liability Case Digest Here's a unique first-stop research tool that describes all the latest product liability cases by type of case, so you can quickly find key cases and typical issues involving similar products. Completely updated for this 2020 Edition, Product Liability Case Digest covers the full range of products in six main categories: Construction Equipment and Materials Consumer Products Farm Machinery and Products Medical Products Motor Vehicles Workplace Products An invaluable tool for the busy practitioner, Product Liability Case Digest provides an immensely valuable head start to research by helping you quickly identify the most relevant and current decisions likely to affect your product liability case. It will save you incalculable amounts of time and money. Previous Edition: Product Liability Case Digest, 2019 Edition, ISBN 9781543800708¿