Category Archives: Product Liability Defense
3 Tips to Protect Yourself Against Product Liability Lawsuits
You might think that you have nothing in common with the companies that paid out product liability settlements after their products caused catastrophic damage. Your product is not Thalidomide, Roundup, those Toyota brakes that made the cars keep accelerating, or the prescription painkillers that helped fuel the opioid epidemic. Even if it seems to… Read More »
The Daubert Standard Is a Defendant’s Best Friend in Product Liability Lawsuits
If you had a penny for every time you had ever seen that clickbait headline that “gut doctors” allegedly tell you to avoid, you would have enough money to pay a six-figure judgment to every dissatisfied customer who had ever done business with your company. Misinformation, especially about medicine and science, has a way… Read More »
Amazon Comes Under Fire for Selling Allegedly Hazardous Products Through Its Own AmazonBasics Product Line & Price Gouging During Pandemic
In September, several senators demanded that Amazon recall a number of its own “Amazonbasics” products that have been reported by consumers to be fire hazards. Specifically, the senators accused the company of ignoring consumer safety complaints and continuing to sell products that have already been linked to explosions, fires, melting, physical harm, smoking, and… Read More »
Texas Federal Court Rules Against Amazon, Finding That It Can Be Sued for Third Parties’ Defective Products Sold On Website
The United States District Court for the Southern District of Texas recently weighed in on the heavily anticipated case against Amazon.com that could open the door to completely transforming product liability, finding that Amazon.com, Inc. can be held liable as a “seller” under Texas product liability laws for defective products sold by a third-party… Read More »
If I Have Converted My Facility to Producing Ventilators to Help with Coronavirus Efforts, Could I Face Product Liability Claims as A Result?
A number of manufacturers, including those involved in producing automotive products, have transformed their operations into manufacturing medical equipment necessary to help with the coronavirus crisis, such as ventilators, respiratory devices, and other accessories. This will inevitably help more patients who are fighting for their lives as a result of the pandemic. However, many… Read More »
A New Trend That Could Transform Product Liability Defense: Adding Public Nuisance Claims
One of the latest trends in product liability litigation involves tacking on public nuisance claims in an attempt to claim that manufacturers have not only produced dangerous products, but also deceptively marketed them to consumers and failed to properly monitor their effects on the markets and these consumers. While, historically, these claims were unsuccessful… Read More »
Bayer’s Obstacles to Settling the Roundup Lawsuits Is Indicative of a Particular Kind of Product Liability Defense Challenge
Bayer is currently in mediation to settle thousands of product liability lawsuits claiming that the company’s weed killer product Roundup causes cancer. However, many speculate that because these cases raise novel legal questions, there may be some challenges and even some lasting changes to the settlement process when it comes to product liability defense… Read More »
Can Websites Like Facebook Be Held Liable for Product Liability?
Section 230 of the Communications Decency Act, which shields internet companies like Facebook from liability for a significant amount of what occurs on their platforms, has been getting a good amount of attention in the news of late due to a lawsuit that has been filed against Facebook in Texas and other states over… Read More »
Litigation Already Filed Against Zantac Even Without Official Recall from FDA
In September, national pharmacy chain CVS decided to pull the popular heartburn medication Zantac from its shelves and pharmacies due to a possible link to cancer and the Food and Drug Administration (FDA) allegedly finding trace amounts of a carcinogen known as N-nitrosodimethylamine (NDMA) in it and associated generic brands, such as ranitidine. Still,… Read More »
Automotive Product Liability On the Horizon for Tesla’s Smart Summon Feature?
Tesla may very well be in hot water again for an automotive product liability issue. Specifically, their new app – released on September 26 – that allows people to summon the driverless cars in parking lots (“Smart Summon”), which involves a software update (Tesla Version 10.0), has allegedly been associated with a number of… Read More »
