News & Analysis as of

What is a Defective Product Liability Claim?

The law requires manufacturers, distributors and retailers to ensure their products meet certain safety standards. Yet dangerous and defective products — from automobiles to children’s toys — still injure thousands of...more

Court Permits Recovery Of Damages For Flooding Caused By Defective Water Softener

Larry Krueger bought a water softener from Menard’s. Two years later, the water softener failed and caused flooding in Mr. Krueger’s home, resulting in $45,000 in damages....more

Toyota Settles Sudden Acceleration Case After Guilty Verdict

In 2007, Jean Bookout was at the wheel of her 2005 Camry with her friend Barbara Schwartz. The friends exited an Oklahoma highway before Ms. Bookout discovered she could not stop her car. The vehicle sped through an...more

Court Gets in Line with Majority of Jurisdictions on Faulty Products Coverage

A recent decision from an appellate court in Pennsylvania is good news for policyholders who manufacture products, as yet another jurisdiction joins the majority view that product manufacturers may be covered for damage that...more

Are Children Safe in High Chairs? Rise in High Chair Injuries Reported in New Study

Child Injury and Defective Products - Are our children safe in high chairs? According to a recent study published in the journal of Clinical Pediatrics, each year thousands of children suffer injuries from high...more

Pennsylvania Appeals Court Confirms Insurance Coverage for Product Liabilities and Distinguishes “Faulty Workmanship”

Whether a construction defect constitutes a covered “occurrence” under a commercial general liability (“CGL”) policy has been the subject of a national debate among state courts in recent years. Armed with a small minority of...more

Tougher Product Liability Provisions Following The Release Of Long-Awaited Amendments To Consumer Rights And Interests Protection...

OVERVIEW - The rise of consumerism in China over the past ten years, accompanied by huge increases in domestic consumption, has spurred greater regulatory enforcement in the area of product liability, as well as...more

Arora v. Whirlpool: The Case of Smelly Washing Machines

Smelly washing machines were at the center of a recent decision of the Ontario Court of Appeal. In Arora v. Whirlpool Canada LP, the plaintiffs all bought Whirlpool front-loading washing machines. The early models of these...more

Florida Appeals Court Holds “Your Product” Exclusion Bars Does Not Apply to Altered Products Not Transformed Into “New Products”

On September 4, 2013, a Florida appellate court reversed, in part, a final summary judgment ruling that Liberty Mutual has to pay its insured, MI Windows and Doors, Inc. for the $3.4 million that MI paid to settle several...more

Foreseeable Misuse Isn't A Plaintiff's Panacea

Many consumers misuse products, plain and simple. All the warnings, labels and admonitions in the world won't stop this, try though the manufacturers might to limit their liability for such misuse. Originally Published...more

Five Things To Do If A Product Injures You

Many goods on the market, such as contaminated food or defective household products and vehicle components, can cause serious injury. If a product has caused you serious injury, your avenue to getting compensation may be a...more

Alberta’s Highest Court Dismisses Employer’s Appeal In Calf-Roping Case: Agrees That Trial Judge’s Verdict Was Unreasonable

The Alberta Court of Appeal recently released its decision in R v XI Technologies Inc., 2013 ABCA 282 and held that the employer had not met its obligations under Alberta’s occupational health and safety laws when it failed...more

Ontario Court Certifies Class Action Relating to Allegedly Faulty Hip Implants

In a decision released on August 27, 2013, Justice Belobaba of the Ontario Superior Court of Justice certified a class action against DePuy Orthopaedics Inc. on behalf of persons who were surgically implanted with any one of...more

When Defective Medical Devices Cause Injury

A medical device is a tool designed to facilitate providing a healthcare service to a patient. ...more

Sixth Circuit Clarifies That Michigan Law Does Not Always Apply In Federal Courts In Michigan—Finds Product Liability Suit Barred...

The fact that our federal courts must often apply only one of our 50 states' laws, when each state has its own unique laws, can drastically change a lawsuit. ...more

The Exclusion of Other Incident Evidence in Product Liability Litigation

A crucial issue in the successful defense of a product liability case is the exclusion of other incidents and accidents involving products of the manufacturer. In old school parlance, prior incidents were often referred to...more

Beyond Certifiable: Ford Defeats Two Class Certifications in Product Defect Litigation

Ford Motor Co. recently successfully defeated efforts to certify two classes alleging injuries resulting from product defects. On June 18, 2013, a California federal district court declined to certify a class involving an...more

Sixth Circuit Reaffirms Certification of Defective Washing Machine Class on Remand From Supreme Court

In a closely watched decision after remand by the Supreme Court, on July 18, 2013, the Sixth Circuit Court of Appeals upheld for a second time the class certification order in In re Whirlpool Front-Loading Washer Prods. Liab....more

Is There Any Legal Liability Following Airbag Malfunctions?

As reported by the New York Times and Forbes, airbag supplier Takata Corp. announced to the National Highway Traffic Safety Administration (NHSTA) that some of its products had the possibility of malfunctioning. ...more

Types Of Automotive Defects

Auto accidents happen for a variety reasons, including speeding, tailgating, driver distraction and reckless driving. Yet what you might not realize is that car accidents are sometimes caused by vehicle manufacturers....more

Total Recall: The Danger Of Defective Automobiles

While many car accidents are caused by driver error, some are caused by defective automobile parts. Part of the automobile accident claim process is determining the real cause of an accident. Lately there has been no...more

Injured By The Airbag In Your Car

Chrysler recently issued a recall for 919,000 Jeep sport utility vehicles after there were reports of problems with the airbags. Apparently, 215 customers complained that airbags deployed even though no accident occurred....more

Product Liability Claims Based on Faulty Airbags in San Diego Collisions

An airbag can be a vital piece of vehicle safety equipment that prevents debilitating injuries or even wrongful death. When airbags malfunction because of a defect in the design or manufacturing process, they may fail to...more

Is it Difficult to File a Lawsuit for Injury from a Dangerous Product?

Developing any product involves a complex series of steps from the time of the initial design, through the manufacturing process, to the time it reaches a consumer. An error at any point in the cycle can result in injuries to...more

Bicycle Recall Warns of Potential Hazards for Riders

When New Yorker think of recalls for defective products, they most often associate them with defects in automobile parts that can lead to serious injury or death. New York products liability lawyers, on the other hand, know...more

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