Product Liability and Innovation
Product Liability and Innovation

Author: National Academy of Engineering

Publisher: National Academies Press

Published: 1994-02-01

Total Pages: 214

ISBN-13: 0309051304

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Product liability is a contentious issue. Proponents argue that American tort law promotes product safety. Manufacturers contend that lawsuits chill new product development. Product Liability and Innovation provides an overview and an engineering perspective on the product liability system. The volume offers studies of selected industries, exploring the effect of product liability on corporate product development decisions and on the creative opportunities and day-to-day work of engineers. The volume addresses the potential liability of the parts or materials supplier and discusses the impact of liability on the availability of insurance. It looks at "junk science" in the courtroom and analyzes opportunities to incorporate into product design what we know about human behavior and risk. The book also looks at current efforts at tort reform and compares U.S. injury claims handling with that of other countries. This volume will be important to policymakers, industrialists, attorneys, product engineers, and individuals concerned about the impact of product liability on the industrial future.

Product Liability Desk Reference
Product Liability Desk Reference

Author: Morton F. Daller

Publisher: Wolters Kluwer Law & Business

Published: 2022-10-07

Total Pages: 1196

ISBN-13: 1543855040

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Product Liability Desk Reference: A Fifty-State Compendium, 2023 Edition, is a comprehensive resource that provides the most recent statutory and case law developments on product liability laws for each of the fifty states and the District of Columbia. Each state summary is practitioner-oriented and written by leading state experts who provide analysis of the statutory and case law developments particular to each jurisdiction. Each chapter includes detailed coverage of a state's standards regarding causes of action, statutes of limitation and repose, strict liability, negligence, breach of warranty, punitive damages, wrongful death, pre- and post-judgment interest, employer immunity from suit, joint and several liability, and statutes relevant to product liability actions. The book is designed to serve as a handy reference for corporate in-house counsel or the litigation management professional who is overseeing product liability cases in more than one state; the attorney handling product liability cases in more than one state; and the in-house professional at the liability, casualty, or property insurance company concerned with claims and litigation management. The 2023 Edition incorporates recent changes in the common law of the various states, including the following: Illinois has passed the Prejudgment Interest Act which now allows prejudgment interest in tort cases. This interest is calculated at the rate of 6% per annum on the amount of the judgment, minus punitive damages, sanctions, statutory attorney's fees, and statutory costs and subject to reduction based on rejected settlement offers. The Arizona Supreme Court ruled that the National Highway Traffic Safety Administration's (NHTSA) refusal to set formal standards for certain driver assist technologies did not preempt Arizona common law tort claims against the manufacturer for not implementing those features into its vehicles. Allowing a case against TikTok sounding in design defect to proceed, the Georgia Supreme Court held that intentional or tortious misuse of a product does not relieve the manufacturer of its design duty to the injured party.

Product Liability Desk Reference 2003
Product Liability Desk Reference 2003

Author: Morton F. Daller

Publisher: Aspen Publishers

Published: 2003-04

Total Pages: 792

ISBN-13: 9780735542105

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For each of the 50 states And The District of Columbia, Daller provides the essential law -- incorporating each state's leading and most recent cases and statutory changes -- with at-a-glance discussion of: negligence, compensatory and punitive damages, statutes of limitation, breach of warranty, wrongful death, contribution and indemnity, and misrepresentation. Product Liability Desk Reference also includes detailed coverage of each state's version of strict liability, including standards in such critical areas as: Definition of defect Statute of Limitations Contributory negligence and assumption of risk Failure to warn Successor liability Inherently dangerous products Spoliation of evidence When the burden of proof may shift To The defendant and much more. You get all this immensely practical material from practitioners in each state, enriched with discussion of variants and developments peculiar to their own jurisdictions. Product Liability Desk Reference allows you to quickly compare laws and make critical choices in product liability disputes wherever they arise. Product Liability Desk Reference 2003 Edition is featured in Aspen's Product Liability Law Library, Powered by Loislaw .

Product Liability
Product Liability

Author: Duncan Fairgrieve

Publisher: Oxford University Press

Published: 2020-05-20

Total Pages: 1112

ISBN-13: 0191669946

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Product Liability is a recognised authority in the field and covers the product liability laws through which manufacturers, retailers, and others may be held liable to compensate persons who are injured, or who incur financial loss, when the products which they manufacture or sell are defective or not fit for their purpose. Product defects may originate in the production process, be one of design, or be grounded in a failure to issue an adequate warning or directions for safe use and practitioners advising business clients or claimants will find this book provides all the necessary information for practitioners to manage a product liability claim. This new edition has been fully updated to take account of 10 years of development in case law and regulation, and the increasing impact of cross-border and transnational sale of goods. The Court of Justice of the European Union handed down major rulings concerning the Product Liability Directive which affect the application of the Directive and national arrangements and Fairgrieve and Goldberg examines this in detail. For any legal practitioner operating in areas which require knowledge of European product liability law, an understanding of the impact of recent developments is essential and this work is an essential resource for practitioners working on product liability, sale of goods, personal injury and negligence. The work provides comprehensive coverage of the law of negligence as it applies to product liability, of the strict liability provisions of the Consumer Protection Act 1987, and of the EU's Product Liability Directive on which the Act is based. Although the majority of cases involve pharmaceuticals and medical devices, in recent English cases the allegedly defective products have been as diverse as a child's buggy, an All Terrain Vehicle, and even a coffee cup. Many cases are brought as group actions, and the book examines the rights of those who are injured by defective products. As well as considering the perspective of the law as it has developed in the UK, this edition contains detailed discussion of case law from other jurisdictions including the USA, Australia, New Zealand, Canada, France and Germany. The coverage in the work is complemented by a full analysis of issues which arise in transnational litigation involving problems of jurisdiction and the choice of laws.