Category Archives: Product Liability Defense
Court Finds Amazon Not Liable for Product Liability Associated with Product Sold Online—A Major Victory for Online Retailers
A major lawsuit won by Amazon sets the tone for product liability cases brought against similar online retailers. Specifically, in May, a federal appellate court affirmed a finding by a district court that online retailer Amazon is not liable for damages related to a product defect caused by a product that was purchased on… Read More »
Medical Device Makers May Soon Face Increased Risk of Product Liability Lawsuits
A new push to bring more artificial intelligence (AI)-based medical devices to the market could also open the door for more product liability lawsuits to be brought against manufacturers and companies if the technology changes after the device is approved by the Food and Drug Administration (FDA). Specifically, if the device changes significantly, it… Read More »
When Etsy and Small Business Owners Are Sued for Products Liability
When people think of product liability defense, they usually think of major products and manufacturers, such as the pharmaceutical industry. However, product liability claims also affect small business owners who sell on websites such as Etsy. Subsequently, in spite of the company’s disclaimers concerning product liability lawsuits, Etsy, its sellers, and related companies are… Read More »
U.S. Supreme Court Rules That Product Manufacturers Can Be Held Liable for Third-Party Modifications in Maritime Law Context
On March 19, the U.S. Supreme Court made an important decision regarding products liability and the ability for permits manufacturers to be sued for modifications made to their products by third parties. The lawsuit was brought by two veterans who alleged that they were injured by the asbestos present in the Navy equipment they… Read More »
Why Product Liability Defense Is Increasingly Complex in an Era of Technological Innovation
Products liability law is complicated enough without also adding in the complication of artificial intelligence and the inability of the law to keep up with technological innovations. These innovations have been accused of killing individuals during surgical procedures, in industrial and factory accidents, and via semi-autonomous driving systems and cars. So how does this… Read More »
High Stakes Product Liability Trial Begins
It is a products liability case that many are watching, as the outcome could very well affect hundreds of similar lawsuits around the country—A case brought against Monsanto’s Roundup weed killer by a man who claims that the product caused him to develop cancer. One jury already awarded another man close to $300 million… Read More »
Important Products Liability Case to Watch In 2019
There is one very important products liability case that will be argued in front of the U.S. Supreme Court in 2019 and should be watched closely by all manufacturers: Merck Sharp & Dohme Corp. v. Doris Albrecht, et al. The case was last decided by the Third Circuit in 2017, and involves allegations that… Read More »
Texas Products Liability Lawsuit Filed Over Allegedly Defective Earplugs Provided To Veterans
A product liability claim was filed against 3M Company in Texas in late January over the “Combat Arms” earplugs that were issued to U.S. military veterans between 2002 and 2013, alleging that the company’s defective design and manufacture and failure to warn users or provide proper instructions with the product resulted in harm to… Read More »
Product Liability Defense Campaign Launched Against Attack on Baby Powder Products
On December 17, Johnson & Johnson released a powerful rebuttal in response to a number of product liability lawsuits it has faced concerning its talc-contained Baby Powder product. The rebuttal was specifically published in response to recent Reuters coverage arguing that the company knew for years that its product caused cancer but kept it… Read More »
Using Assumption of the Risk Defense in Product & Premises Liability Claims
As attorneys who work in product liability defense here in Texas, one of the most common defenses we rely on is a doctrine known as the implied assumption of risk. This refers to a plaintiff acquiescing or consenting in an appreciated, known, or obvious risk to their safety. The doctrine can frequently preempt having… Read More »
