News & Analysis as of

Negligence Strict Product Liability

JUSTICENTER

Product Liability: What It Means and How to Pursue a Claim 

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When we buy a product, we expect it to work properly and keep us safe. However, some products cause serious injuries because of poor design, production errors, or missing warnings. This is where product liability law comes...more

Husch Blackwell LLP

Hawaii Court Hands Down Hefty Verdict Against Tobacco Company Defendant in Throat Cancer Trial

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In a recent case pending in Hawaii state court, a husband and wife sued a tobacco company defendant for various claims related to its manufacturing and marketing of tobacco cigarettes, including strict products liability,...more

Morris James LLP

Finger Amputations at Work: Understanding Your Rights and the Path to Recovery

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Losing a finger on the job is more than a painful injury—it’s a life-altering event that can disrupt your livelihood, limit your independence, and leave you facing a long and uncertain recovery. Whether caused by faulty...more

Foley Hoag LLP

Product Liability Update - February 2025

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Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts applicable to Massachusetts, but also featuring selected developments for New...more

Nutter McClennen & Fish LLP

Product Liability 2024 Year in Review

Massachusetts courts issued several important product liability decisions in late 2023 and 2024. Nutter’s Product Liability practice group reviewed these cases and report on their significant holdings as follows ...more

Goldberg Segalla

Federal District Court Grants Pump Manufacturer’s Motion for Summary Judgment in Asbestos Action

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In this asbestos action, plaintiff Michele Salvemini alleges exposure to asbestos while working as a marine engineer and shipyard mechanical worker on various merchant and U.S. Navy ships from 1974 to 2007. During this...more

Marshall Dennehey

Pennsylvania Court Strikes Plaintiff’s Strict Product Liability Claim for Failing to Obtain Defendant’s Consent or Leave of Court...

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Doe A.F. v. Lyft, Inc., No. 23-3990-KSM, 2024 WL 4479912 (E.D. Pa. Oct. 10, 2024) - The plaintiff alleged that a Lyft driver sexually assaulted her during a rideshare purchased on Lyft’s app....more

Pillsbury - Policyholder Pulse blog

Level Unlocked: Insurance Recovery Options for Video Game Manufacturers Facing Video Game Addiction Lawsuits

In the last few years, the video game industry has been hit with lawsuits accusing certain games of fostering addictive behaviors, especially among younger players. These lawsuits often cite features like loot boxes,...more

White and Williams LLP

Georgia’s Products Liability Statute of Repose: “First Sale” vs. “A Sale”

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In L’Oreal USA, Inc. v. Burroughs, 372 Ga. App. 30, 2024 Ga. App. LEXIS 250, the Court of Appeals of Georgia (Appellate Court) considered whether Georgia’s ten-year statute of repose for products liability precluded strict...more

White and Williams LLP

Negligent Undertaking Claim Against Amazon May Succeed Where a Products Liability Claim Fails

In Johnson v. Amazon.com, Inc., No. 4:22-CV-04086, 2024 U.S. Dist. LEXIS 59196, the United States District Court for the Southern District of Texas held that Amazon.com, Inc. (Amazon) can be liable for negligent undertaking...more

Goldberg Segalla

Asbestos Damages in the Maritime Sphere

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The shipping industry is an extensive and foundational mode of global transportation and resource distribution. The men and women who work aboard the U.S. fleet are routinely exposed to varying types of cargo, machinery, and...more

Searcy Denney Scarola Barnhart & Shipley

How Can You Have Safety in the Face of Deceptive Marketing? The Critical Battle for Booster Seat Safety and Deceptive Marketing –...

As a lawyer handling product liability cases, I’ve come across numerous instances that highlight the often dangerous shortcomings of child safety products. But nothing quite underscores the gravity of this issue like the...more

White and Williams LLP

I Spy Claims Against Amazon

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A federal court in West Virginia recently ruled that a negligence claim could proceed against Amazon related to a spy camera used to take unsolicited photos of a teenage girl. M.S. v. Amazon.com, Inc., No. 3:23-cv-0046, 2023...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Tank Rupture/Hazardous Materials Transportation Act: Federal Court Addresses Whether State Law Claims for Negligence/Strict...

The United States Court of Appeals for the Second Circuit (“Second Circuit”) addressed in an August 24th Opinion whether the federal Hazardous Materials Transportation Act (“HMTA”) preempted certain state tort law claims in...more

White and Williams LLP

Indiana Appellate Court Allows Third-Party Spoliation Claim to Proceed

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In Safeco Insurance Company of Indiana as Subrogee of Ramona Smith v. Blue Sky Innovation Group, Inc., et al, No. 22A-CT-1924, 2023 Ind. App. LEXIS 157, the Court of Appeals of Indiana (Appellate Court) reversed a trial court...more

White and Williams LLP

Montana Significantly Revises Its Product Liability Laws

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On May 4, 2023, Montana changed its product liability laws when the Governor signed SB 216, which was effective upon passage and applies to claims that accrue on or after May 4, 2023. Among the changes is the adoption of a...more

McGuireWoods LLP

Illinois Takes Expansive View of Personal Jurisdiction Over Component Parts Manufacturer

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Building on federal precedent regarding specific jurisdiction over vehicle manufacturers, the Appellate Court of Illinois recently extended personal jurisdiction to a component parts manufacturer in a decision with...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Products Liability Series: Is There a Defense Where a Plaintiff Altered a Product?

Is there a defense where a plaintiff altered a product? Yes. In an Arkansas products liability claim, the plaintiff must prove that the product was supplied by the defendant in a defective condition. AMI 1008. “If a product...more

Shook, Hardy & Bacon L.L.P.

Guijarro v. Enterprise: The Fifth Circuit Analyzes Multiple Issues Pertinent to Product-Liability Cases

The Fifth Circuit’s recent decision in Guijarro v. Enterprise Holdings, Inc., No. 21-40512, 2022 WL 2433778 (5th Cir. July 5, 2022), provides solid foundational arguments on issues pertinent in most product-liability cases....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Products Liability Series: Does a Supplier of a Defective Product Have Recourse Against a Manufacturer?

Does a supplier of a defective product have recourse against a manufacturer? Yes. By statute, Arkansas has created indemnification rights accruing in favor of product suppliers. When a supplier of a defective product is not...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Products Liability Series: Does Arkansas Law Recognize a Cause of Action for Failure to Warn?

Does Arkansas law recognize a cause of action for failure to warn? Yes. Failure to warn claims may be applicable against both manufacturers and suppliers. A manufacturer of a product has a duty to give a reasonable and...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Products Liability Series: What Is the Definition of "Defective Condition" Under Arkansas Law?

What is the definition of “defective condition” under Arkansas law? “Defective condition” is defined by statute to mean “a condition of a product that renders it unsafe for reasonably foreseeable use and consumption.” Ark....more

Rumberger | Kirk

Florida Product Liability Law: 4th DCA Affirms Summary Judgment with Key Holdings for Manufacturers

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On June 15, 2022, the Fourth DCA issued its opinion in Michael Grieco v. Daiho Sangyo., Inc., AW Distributing, Inc., and Wal-Mart Stores East, LP affirming entry of summary judgment in favor of the manufacturer, distributor...more

Bennett Jones LLP

The Expansion and Contraction of Product Liability Causes of Action

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Product liability case law in 2021 brought clarity to certain causes of action that often form the basis of product liability claims. In particular, Ontario courts considered new duty of care categories arising within the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Is the Violation of a Statute Negligence Per Se?

The answer to this question varies widely from state to state. But in Arkansas “the violation of a statute is only evidence of negligence and does not constitute negligence per se.” Cent. Oklahoma Pipeline, Inc. v. Hawk Field...more

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