Category Archives: Product Liability Defense
Amazon Protected By Top Texas Court: What It Means For E-Commerce Businesses
Over the past few years, one of the biggest stories in the world of product liability lawsuits has involved Amazon. The question is simple: is Amazon liable for the safety of the products sold on its platform, even though they are produced by third-party manufacturers? In some states, such as California, courts have surprisingly… Read More »
The Famous “State Of The Art” Defense: How Does It Work In Texas Product Liability?
If your company is facing a product liability lawsuit, you may not be familiar with the wide-ranging lexicon of legal terminology. After all, it’s your lawyer’s job to understand this confusing terminology, not yours. However, it might be worth gaining an understanding of one particular legal term known as “state of the art.” This… Read More »
Minimizing The Legal Impact Of A Product Recall In South Texas
Product recalls are a regular occurrence for many product-based corporations in Texas. In late 2020, a Texas A&M diagnostic lab detected aflatoxin contamination in pet food sold by Midwestern Pet Foods. This resulted in a widespread product recall. In 2021, it was announced that Trident Seafoods had issued a voluntary recall in Texas for… Read More »
The Most Effective Defenses For Product Liability Lawsuits
In West Texas, there are plenty of hardworking entrepreneurs who are creating incredible products for people around the world. Unfortunately, there will always be a few customers who manage to somehow injure themselves while using these products. Even the most innocuous and harmless items often become the basis for product liability claims. If you… Read More »
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 »