Tag Archives: Brownsville Product Liability Defense Attorneys
November Update: Texas Product Liability Claims
In late November, a number of new product liability cases were filed in Southeast Texas. The first was filed against Samsung Electronics America, Inc., claiming that a defective Smartphone exploded while the plaintiff was holding it; allegedly because the manufacturer failed to meet basic safety standards and did not provide a warning when they… Read More »
With New Technology Comes a Changing Risk & Liability Landscape
While new technology promises to solve a number of human error-related problems in our everyday lives, it also carries with it a huge liability and insurance claim risk. For example, while workplace and auto accidents are expected to reduce over time due to the incorporation of new technology, cyber risk liabilities are expected to… Read More »
Overview of Requests for Admission, An Important Pre-Trial Discovery Tool
When a civil lawsuit is filed in Texas, it triggers pre-trial “discovery.” This is a process in which both the plaintiff and defendant can ask questions, request documents, and conduct depositions to get a clearer picture of the basis for the plaintiff’s lawsuit. An important component of pre-trial discovery is the Request for Admission…. Read More »
Punitive Damages and Relative Risk – Key Concept That Could Influence Whether Punitive Damages Can Be Pursued by a Plaintiff
According to § 500 and § 908 of the Second (Restatement) of Torts, evidence of “recklessness” on the part of a product manufacturer that would enable a plaintiff’s attorney to pursue punitive damages above and beyond their claim for economic and non-economic damages is a “high degree of risk” of bodily injury or death…. Read More »
Fifth Circuit Court of Appeals Recognized Product Development Protocol Preemption
In 2008, the U.S. Supreme Court entered a landmark decision in the field of product liability law. The case, Riegel v. Medtronic, Inc., 552 U.S. 312 (2008), established that product liability lawsuits filed under state law are preempted by the federal Medical Device Amendments of 1976 (MDA). The MDA created a “premarket approval” process… Read More »
Alternative Design in Product Liability Claims
If a plaintiff alleges a consumer product harmed them, they have to clear some legal hurdles to prevail in a product liability lawsuit. In Texas, when a plaintiff alleges a product harmed them due to a defective design, they must prove that the product, as designed, was unsafe and: A less dangerous alternative design… Read More »
Dispelling Some Common Myths in Hip Implant Litigation
When some plaintiffs file product liability lawsuits alleging harm from a defective hip implant, they make two arguments that are specious at best: first, that the hip implant device is defective the moment it fails; and second, causation can be established for a failure-to-warn claim by asserting that the plaintiff would not have agreed… Read More »
Time to Reform Multi-District Litigation
More than half of all lawsuits pending in federal courts across the country are docketed as multi-district litigations (“MDLs”). The concept of MDLs were created by Congress and became codified in 28 U.S.C.A. §1407. Sub-section (a) of this statute states that “when civil actions involving one or more common questions of fact are pending… Read More »
Are Your Internal Corporate Standards and Practices Creating a Heightened Liability Risk?
An issue raised in many lawsuits brought against corporate clients is whether internal policies established elevated standards and practices. Exceeding legal requirements can actually create a new standard of care if the corporation failed to meet that policy. This is the tension between a corporation’s desire to set high standards for employee conduct and/or… Read More »
Bad Product Experience Does Not Equate to Liability
Many major product liability claims involve a plaintiff, or plaintiffs, who allegedly suffered serious physical harm; the type of harm that may even engender sympathy from a judge and/or jury. It is understandable that a plaintiff who was seriously hurt would seek a remedy through the civil court system. That is a key reason… Read More »