Products Liability Newsletters

Admissibility of Evidence of Prior Accidents in Product Liability Actions

Admissibility of Evidence of Prior Accidents in Product Liability Actions

Defective Warning Claims

A product is considered defective if it there is a flaw in its design, if it was improperly manufactured, or if the manufacturer failed to provide adequate warnings or directions for its use. The manufacturer has a duty to warn of any known dangers of using a product. There is also a duty to warn of any dangers the manufacturer could have anticipated if the product were misused. This article discusses products liability lawsuits based on warning defect claims.

Food-borne Illness from Fresh Produce

Food-borne illness is caused by pathogens--bacteria (E. coli, Salmonella, Listeria, Shigella), parasites (Giardia, Cyclospora, Cryptosporidium), and certain viruses (hepatitis A). Typical symptoms of foodborne illness include diarrhea, abdominal cramping, fever, headache, vomiting, and exhaustion.

Protective Orders in Drug Product Liability Litigation

After a drug product liability lawsuit is filed, both the plaintiff (the person suing) and the defendant (the person or company being sued) engage in a process called discovery. The purpose of discovery is to allow a party to learn more about the important facts of the case before trial and the other party's evidence. The scope of discovery is very broad. It covers any information that is relevant to the case or which may lead to relevant evidence. Privileged information and the work product of the opposing party's lawyer (the lawyer's written observations, theories, opinions, and research) do not have to be disclosed. Privileged information includes oral and written communications between an attorney and his/her client.

Statute of Limitations in Products Liability Litigation

When a person suffers personal injury or property damage due to a product that is defectively designed or manufactured, the injured person has a set time period (called the statute of limitations) in which to file a lawsuit. Statutes of limitations restrict the time period a person has to file a lawsuit. Statutes of limitations vary from state to state. They also vary depending upon the type of lawsuit filed. For example, Ohio law allows a person 6 years to sue for breach of an oral contract and 15 years to sue for breach of a written contract. The Ohio wrongful death law requires a lawsuit to be filed within 2 years after the death occurs. If a claim expired due to the statute of limitations, the defendant (the person being sued) has to raise the statute of limitations as a defense in the lawsuit. If the defense is raised in court, the lawsuit will be barred. If the defendant fails to raise the defense, it is waived and the lawsuit can proceed.