Products Liability Transportation

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Hot Pocket: Samsung Galaxy Note 7 Recall Highlights Risk of Lithium Batteries During Air Transportation

Air transportation of lithium ion batteries recently garnered significant attention due to events following reports of the Samsung Galaxy Note 7’s batteries overheating, catching fire, and even exploding. See Samsung Recalls...more

NHTSA Releases Guidance on Enforcement of Safety-Related Defects in Automated Vehicle Technologies - Agency’s stance raises...

Last week, the National Highway Traffic Safety Administration (NHTSA) released its final Enforcement Guidance Bulletin on Safety-Related Defects and Automated Safety Technologies. The Guidance makes clear that the agency’s...more

NHTSA Issues Guidance for Manufacturers of Highly Automated Vehicles

The Department of Transportation (DOT) and the National Highway Traffic Safety Administration (NHTSA) has provided much-anticipated guidance to manufactures of automated vehicles with the release of the new Federal Automated...more

NHTSA Proposes Adding Electronic Communication to Notify Consumers of Recalls

Last week, NHTSA issued a Notice of Proposed Rulemaking (NPRM) that proposes to allow manufacturers to notify owners and purchasers of a safety recall through electronic means. Currently, under the National Traffic and Motor...more

Courts Continue to Reaffirm Preemptive Effect of Statute Protecting Aircraft Lessors

A decision out of the U.S. District Court for the District of Hawaii joins a growing list of holdings reaffirming the proposition that an owner, lessor or secured party not in actual possession or control of an aircraft is...more

Is the Rapidly Evolving Landscape for Vehicle Technology About to Hit Regulatory and Legal Speedbumps?

In a nation with over 250 million vehicles, accidents occur daily, and many of those result in injuries and fatalities. Rarely do they receive national attention. Yet, an incident involving a vehicle in early May has...more

“Auto-Pilot” May Not Be Perfect, But It May Be Better

Virtually every day there are media reports regarding the introduction of driverless cars to mainstream consumers. As driverless cars rapidly accelerate from concept to commercialization, it is becoming increasingly apparent...more

Product Safety and Liability Prevention

When companies make products that are not safe, they automatically increase their liabilities. This is not in anyone’s interest. Costs increase. Bad PR increases. Good will is lost. Insurance rates go up. And, most...more

Safe-Driving Technology: Increasing danger behind the wheel?

Is safe-driving technology increasing our risk behind the wheel? While airbags, crash warning systems, improved child safety restraints, and shoulder belts offer safety benefits, so-called “infotainment systems” and...more

Gear Up for Driverless Cars: A Moment to Reflect, Collaborate and Innovate

The recent fatal accident in Florida involving a Tesla with its “Autopilot” technology reportedly engaged has put even more eyes on the National Highway Safety Administration (NHTSA) as it works on regulatory guidance. NHTSA...more

Connected Cars and Self-Driving Cars: Not on Auto Pilot in Terms of Legal Risks

The next car you buy may not need you in the driver’s seat. While the self-driving car may be rolling up to your driveway soon, there are still many issues related to legal risks that do not seem to be on auto pilot. Whether...more

Tire Pressure Monitoring Systems: When the Bubble Bursts

Since 2008, tire pressure monitoring systems (TPMSs) have been mandatory in passenger cars, which include SUVs. As early as 2006, however, 30 percent of new passenger cars were already equipped with TPMSs. A TPMS alerts the...more

Commercial Drones Set To Take Flight

On June 21, 2016, the Federal Aviation Administration (FAA) unveiled a landmark set of new rules for the commercial operation of small Unmanned Aircraft Systems (sUAS), more popularly known as drones. The new rules will take...more

Drones: FAA Issues Long-Awaited Final Rule for Small Unmanned Aircraft Systems

On Tuesday, June 21, the Federal Aviation Administration issued Part 107, the Final Rule for Operation and Certification of Small Unmanned Aircraft Systems (UAS). The Rule comes sixteen months after the FAA issued its Notice...more

Autonomous Vehicle Manufacturers Do Not Need to be Shielded from Lawsuits

Full disclosure # 1: I, the author of this blog post, am a trial lawyer. Full disclosure # 2: The law firm that allows the publication of this blog post has many, many, many more trial lawyers. Without disputes that could go...more

U.S. DOT Moving Closer to Certification of Driverless Cars

Motor vehicle design continues to make significant technological leaps incorporating a number of automated features, with many manufacturers pioneering the concept of driverless cars. What was once the stuff of science...more

California Appeals Court Rules Industry Custom & Practice May Be Admissible in Strict Products Liability Cases

In most product liability lawsuits, the plaintiff will sue under theories of negligence and strict liability. In such cases, the plaintiff may allege that the product’s manufacturer was negligent or that the product was...more

Takata Exploding Airbag Claims Another Young Life

A Texas teenager, Huma Hanif was killed when the Takata airbag in her Honda Civic exploded as a result of a crash. Since 2011, the Honda Civic has been recalled multiple times. According to the victim’s family, they have...more

Federal Preemption Narrowed For Aviation Suppliers In Sikkelee v. Precision Airmotive Corp.

On April 19, 2016, the Third Circuit Court of Appeals issued its opinion on the issue of federal preemption in Sikkelee v. Precision Airmotive Corp. The sixty-one page opinion effectively narrowed the scope of federal...more

Bellwether Trials: What Manufacturers Can Learn from the GM Ignition Claim MDL

As product liability multidistrict litigation becomes more prevalent, it is important for manufacturers to understand how the bellwether trial process works and how to use it to their advantage. The ongoing bellwether trials...more

FDA Issues Final Rule on Sanitary Transportation of Food

The Rule is broad in scope and reaches nearly every party involved in the shipment of food through the United States. On April 6, the Food and Drug Administration (FDA) published its final rule governing the sanitary...more

Third Circuit Limits Federal Aviation Act Preemption for Product Liability Claims

In a departure from a string of cases supporting field preemption of state-law aviation product liability claims under certain circumstances by the Federal Aviation Act (FAAct), the Third Circuit recently held that the FAAct...more

New Regulations on the Horizon for Commercial Drones

Currently, the use of drones or unmanned aircraft systems (UAS) for commercial purposes in general is not permitted in the United States, although there is one exception. The Federal Aviation Administration (FAA) allows...more

FDA Publishes Sixth FSMA Final Rule on Sanitary Transportation of Human and Animal Food

The U.S. Food and Drug Administration ("FDA") today officially published the sixth of seven total final rules implementing the Food Safety Modernization Act ("FSMA"). The final rule on Sanitary Transportation of Human and...more

Liability and Autonomous Vehicles

As a trial lawyer who handles a lot of automotive disputes and product liability claims, I get asked more and more, “when an autonomous vehicle has an accident, who will be liable?” People – clients, contacts, business...more

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