Duties Owed And Not Owed: Understanding A Product Liability Defense

For a plaintiff to prove that a company was liable for a defect, they must demonstrate that the manufacturer in question had a duty to ensure the consumer’s safety. On the surface this may seem easy to prove, yet many products are by their nature unsafe, so the “duty to safety” is complicated.
Naturally Unsafe Products
When developing a consumer product, designers and manufacturers must ensure that it is safe for its intended use. However, some […]

By | February 10th, 2022 ||

Possible Defenses Against Product Liability Claims

In product liability lawsuits, there are three general categories of claims typically brought against manufacturers. While a consumer may have a legitimate reason to litigate, it can be difficult for him to prove he was directly or indirectly harmed by your product.
“Foreseeable and Avoidable”
We’ve written before on the topic of “misuse” when it comes to product liability matters. In that blog post, we addressed how a successful defense of misuse requires the manufacturer to prove […]

By | February 4th, 2022 ||

Prevailing On General Causation: Using Risk Ratios And The Bradford-Hill Criteria To Undermine A Plaintiff’s Expert Testimony In Product Liability Actions

Several recent decisions have shed light on the courts’ willingness to dismiss a product liability action where the plaintiff lacks sufficiently reliable evidence of general causation—that is, evidence that the product can cause the purported negative outcome.

Two related scientific concepts frequently arise, especially in cases involving pharmaceuticals or chemicals: (i) relative risk rates1 and (ii) the Bradford-Hill criteria for general causation. It is important for defense counsel to understand these concepts so that they can identify […]

By | January 12th, 2022 ||