Pennsylvania has long been a jurisdiction which followed unique, sometimes archaic, rules regarding strict product liability. The state Supreme Court
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Product Seller (Still) Has No Duty To Protect From Criminal’s Use Of Product
By Sean Wajert on
Country music fans among our readers may recall the Garth Brooks’ song “Longneck Bottle.” That tune, from his CD “Sevens,” reached…
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State Supreme Court Adopts Consumer Expectation Test for Alleged Food Defects
By Sean Wajert on
Our readers know that for nearly 50 years, an ongoing issue in product liability law has been the definition of “defect” within the strict l…
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State Supreme Court Reverses Dangerous Expansion of Product Liability
By Sean Wajert on
Posted in Chemical, Toxic Tort
The California Supreme Court held last week that the law does not impose liability on manufacturers of equipment used in conjunction with asbestos-con…
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Strict Liability Does Not Apply to Medical Devices
By Sean Wajert on
Posted in Articles, Drug and Device
Another court has recognized that strict liability or breach of implied warranty claims do not lie against medical device makers. Horsmon v. Zimmer Ho…
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Defect Allegations Insufficient in Drug Case
By Sean Wajert on
Posted in Articles, Drug and Device
We may be accustomed to talking about whether a product was “defective” and, as counsel for defendant sellers, working hard to show that the…
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State Supreme Court Adopts Risk Utility Test for Defect
By Sean Wajert on
Posted in Articles, Consumer Products
The South Carolina Supreme Court last week vacated a $31 million verdict for a minor injured in a Ford Bronco rollover accident. Branham v. Ford Motor…
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Failure to Warn Claim Survives- But Why?
By Sean Wajert on
Posted in Articles, Consumer Products
Sometimes, manufacturers have to wonder, what good does a warning do if the courts won’t require people to read and heed the warning given? Harley Dav…
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State Supreme Court Clarifies Subsequent Remedial Measure Doctrine
By Sean Wajert on
Posted in Articles, Consumer Products
The Iowa Supreme Court last week issued an interesting decision clarifying the subsequent remedial measure doctrine in that jurisdiction, and offering…
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Use of Company Conduct Evidence to Prove Liability or Punitive Damages
By Sean Wajert on
Posted in Articles, Consumer Products
As due process considerations have taken their more appropriate place in the law of punitive damages, see BMW of North America, Inc. v. Gore, 517 U.S.
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