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Manufacturers › Design Defects › Strict Liability

Stark & Stark

Tesla Faces Legal Battles Over Vehicle Fires and Autopilot-Related Fatalities

Stark & Stark on

Tesla Inc., a leading innovator in electric vehicles, is under increasing legal scrutiny as two major product liability cases bring safety concerns about its cars into sharp focus. These lawsuits highlight alleged design...more

Napoli Shkolnik

Product Liability: How it Works For and Against Victims of Defective Medical Devices

Napoli Shkolnik on

Crafting the perfect medical device is never an exact science—but a patient should never suffer because of defects in a product that was intended to improve their quality of life. Determining whether a device manufacturer or...more

Miles Mediation & Arbitration

Rising Complexity Across Global Supply Chains is Exacerbating Product Liability Risks

Miles Mediation & Arbitration on

Whether an individual is purchasing a new car, a new television, or a new kitchen appliance, the company that makes those products isn’t the only manufacturer involved. In today’s global economy, most products are made by an...more

Searcy Denney Scarola Barnhart & Shipley

Can I Sue for a Faulty Product?

Searcy Denney Scarola Barnhart & Shipley on

Although “faulty” doesn’t necessarily mean “defective” or “dangerous,” product liability law does indeed hold manufacturers and others liable for producing dangerous products that cause injury. Product liability claims in...more

Rumberger | Kirk

Fourth DCA Adopts Risk-Utility Test as the Standard for Some Design Defect Claims

Rumberger | Kirk on

Recently, the Florida Fourth District Court of Appeal opened the door to moving away from the consumer expectations test and adopting the risk-utility test for strict liability design defect claims involving complex...more

Faegre Drinker Biddle & Reath LLP

Florida Appellate Court Authorizes the Use of the Risk-Utility Test in Complex Medical Device Cases

Faegre Drinker Biddle & Reath LLP on

On October 7, 2020, Florida’s Fourth District Court of Appeal affirmed a defense verdict in favor of a medical device manufacturer and in doing so approved of the trial court’s use of the risk-utility test and not the...more

Miles & Stockbridge P.C.

Court Resists Plaintiff’s Attempt to Bring Design Defect Claim Against the Innovator of a Product Who Did Not Manufacture It

Miles & Stockbridge P.C. on

Resistance bands used for home exercise purposes have recently become the frequent subject of product liability suits. Perhaps most notably, a lawsuit resulting from an eye injury suffered by Senate Minority Leader Harry...more

CMCP - California Minority Counsel Program

Strict Products Liability Claims Based On Design Defect Are Inapplicable To Implanted Medical Devices That Are Available Only...

CMCP - California Minority Counsel Program on

A recent California Court of Appeal decision out of the Second District has provided further clarity to the scope of California products liability law by reasserting the general rule that precludes strict liability for design...more

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