| Manufacturing and Design Defects |
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| Products liability is an area of law that covers personal injuries and damage caused by defective products. A defective product is a product that causes injury or harm because there is a flaw in the product. Sometimes the design of the product makes it defective. Sometimes flaws in the manufacturing process cause a product to be defective. This article discusses manufacturing and design defects in products liability litigation.More... |
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| The Role of an Expert Witness in a Products Liability Lawsuit |
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| Products liability is an area of law that deals with personal injuries and property damage caused by defective products. Products liability litigation is generally very complex. Although expert evidence is not required to prove a defect, the plaintiff (person suing) will generally call an expert in a products liability suit. The defendant (person being sued) also relies on expert testimony to prove that the product was not defective. More... |
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| Apportionment of Liability |
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| The apportionment of liability between multiple defendants in product liability actions varies from state to state. The state laws governing apportionment of liability range from joint and several liability to proportionate liability to various hybrid forms of apportionment. Under the theory of joint and several liability, a plaintiff could recover all of his or her damages against only one of multiple defendants. Joint and several liability was designed to allow plaintiffs to recover from some defendant instead of having to pursue all potential defendants who could avoid liability by blaming the injury on other defendants. Joint and several liability places the burden on the defendant of joining other tortfeasors in an action or risk having to pay for all of a plaintiff's damages alone. More... |
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| Food Contamination |
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| Foodborne illness is fairly common in the United States. The main cause of foodborne illness is the improper handling of food, which allows it to become contaminated by bacteria, parasites, fungi, or viruses. This can happen when the food is being manufactured or packaged. It can also occur at a restaurant where the food is being prepared and served. Under products liability law, a consumer who is injured as a result of eating contaminated food can take legal action to recover money damages for any injuries. More... |
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| Jury Instructions in Products Liability Lawsuits |
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| The judge gives instructions to the jury (also called the jury charge) after both sides present their evidence at trial. The instructions tell the jury the law it must follow in reaching a verdict. The jury's function is to consider all the evidence and decide what happened. There are three separate types of claims in products liability lawsuits: strict liability, negligence, and breach of warranty. More... |
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