Aviation Breach of Warranty Claims

When an aircraft does not function properly, the operator of the aircraft may have a products liability action against the manufacturer based on breach of warranty. A warranty is a promise made by the manufacturer about the quality or performance of the product. A warranty can be express (oral or written) or implied (unspoken or unwritten).

"Junk Science" and Products Liability Litigation

If a consumer suffers an injury while using a defective product, he/she can sue the manufacturer or, in some cases, the distributor, seller, or retailer of the product. To recover damages in a products liability lawsuit, the consumer must show that the product was defective and that the defective product caused his/her injury or loss. There has to be a direct connection between the product defect and the injury or loss. In legal terms, this is referred to as causation.

Consumer Product Safety Act

The Consumer Product Safety Act of 1972 (Act) created the U.S. Consumer Product Safety Commission (Commission). Under the Act, the Commission has authority to adopt consumer product safety rules. The Act requires manufacturers to place warning labels and information labels on consumer products. The Act also requires manufacturers to report defects that have or may cause serious injury or death. Manufacturers must also report a product that fails to comply with a consumer product safety standard. The Act creates a federal tort cause of action for a knowing violation of safety standards or the Commission's rules. Injured persons who win a lawsuit under the Act can receive attorney fees and recover expert witness fees.

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.

Jury Instructions in Products Liability Lawsuits Based on Negligence

The judge gives the jury instructions after all the evidence is presented in a trial. The instructions tell the jury the law it must follow in reaching a verdict. The role of the jury is to consider all the evidence and determine what happened in the case. There are three separate theories of liability in products liability lawsuits: strict liability, negligence, and breach of warranty. Negligence is the lack of ordinary care. A manufacturer can be held liable for negligence if it fails to use due care in designing, manufacturing, or labeling its products. This article discusses jury instructions that are given in products liability lawsuits based on negligence.