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product liability defense Archives

CA jury delivers $417 million verdict against J&J in failure to warn case

Readers may have heard about the recent product liability lawsuit involving allegations that Johnson & Johnson failed to warn consumers of the dangers talc-containing products posed when used over time. The lawsuit, which resulted in a $417 million jury verdict, was brought by a 63-year-old woman dying of ovarian cancer who had used talc-containing Johnson & Johnson products for most of her life.

Are government accident reports admissible in product liability cases? P.2

In recent posts, we’ve been discussing the potential usefulness and admissibility of government accident reports in product liability litigation. As we’ve mentioned, the factuality of reported findings is a critical issue, since lack of factuality can prevent reported findings from being admitted at trial. Findings which lack finality, are largely based on third-party materials or investigations, or which are closer to legal conclusions are not likely to be admissible.

Are government accident reports admissible in product liability cases?

Last time, we began looking at the issue of government accident reports and their potential value in the courtroom. This is a potentially important issue not only in personal injury litigation, but also in product liability litigation, since government accident reports can contain valuable information about the underlying causes of an accident.

Government report provides no definitive conclusion about cause of Tesla accident

Readers are aware that automatic driving technology is becoming an increasingly prevalent reality in newer vehicle models, and that there is a great deal of hope that more vehicle automation will translate into a reduction in motor vehicle accidents. 

Defending against product liability claims: a look at some legal basics in Ohio, P.4

This is the fourth in a series of posts looking at some of the basic features of Ohio law concerning liability for product defects. So far, we’ve looked at several types of product defects, including manufacturing and design defects, as well as failure to provide adequate warnings and instructions. As we’ve noted, each of these categories of product defects involves specific rules governing when, and to what extent, manufacturers and designers are liable for defects.

Ease of 3-D printing presents liability questions for hospitals

There's no question, 3-D printing is an amazing technology. If you can imagine it, you can program these devices to create it. Just a few years ago, few people had even heard of the process. Today, in Ohio, there are a number of companies that offer printers or printing services. Using them is so easy that even grade-schoolers are creating prototype artificial limbs.

Defending against product liability claims: a look at some legal basics in Ohio, P.3

We’ve been looking in recent posts at the issue of product liability, specifically with respect to manufacture and design defects. Another important type of product defect claim is failure to provide adequate warning or instruction about a product’s risks.

Defending against product liability claims: a look at some legal basics in Ohio, P.2

Last time, we began looking at Ohio law concerning manufacturing defects. As we noted, Ohio law recognizes several types of product liability claims. In addition to manufacturing defects, there are also design and formulation defects.

Defending against product liability claims: a look at some legal basics in Ohio, P.1

For Louisiana businesses which design, manufacture, or distribute consumer products, managing liabilities surrounding those products is an important, ongoing task. Businesses not only need to establish sound testing and quality control procedures, but effectively address product liability claims when they arise.

What are some common defenses against product liability claims?

The success of retailers, manufacturers and distributors depends on the performance and reputation of their products in the marketplace. This makes properly mitigating the outcome of product liability claims essential to business.