Tag Archives: Brownsville Product Liability Defense Lawyers
Using Assumption of the Risk Defense in Product & Premises Liability Claims
As attorneys who work in product liability defense here in Texas, one of the most common defenses we rely on is a doctrine known as the implied assumption of risk. This refers to a plaintiff acquiescing or consenting in an appreciated, known, or obvious risk to their safety. The doctrine can frequently preempt having… Read More »
SCOTUS Declining Lead Paint Ruling Could Open the Door to Broad Corporate Liability
On October 15, the U.S. Supreme Court declined to hear an appeal of a lower court’s ruling against paint manufacturers which orders them to pay more than $400 million for lead paint inspection and removal in a number of homes in the U.S. Experts predict that the Court declining to hear the case could… Read More »
How Responsible Can An E-Commerce Company Be In Product Liability Litigation?
How does product liability litigation work in the modern workplace, where sellers like Amazon are not the same company as the designer, manufacturer, and often even the original seller? A product liability case recently brought in Southeast Texas against the company could address this very question. The lawsuit alleges that there were injuries due… Read More »
New Study Sheds Light on How Product Liability Affects Innovation
In 2016, product liability cases accounted for approximately 70 percent of the personal injury cases filed in all U.S. district courts. One recent example is the case brought against General Motors in connection with faulty ignition switches, which resulted in a $2.5 billion settlement. An important new study out of Harvard Business School examines… Read More »
Tools to Defend Against Improper Manufacturing and Marketing Claims
There has been a scourge of product liability lawsuits brought this spring against drug manufacturers that all drug companies should be aware of. While previous industries were often left unprotected and vulnerable to claims like these brought in court, legislators have incorporated immunity into various laws in order to help companies defend against design,… Read More »
Texas Families Suing General Motors under Questionable Crashworthiness Claims
In April, two Texas families sued General Motors for alleged safety defects involving vehicle head restraints linked to two separate accidents, both of which involved the 2016 Chevy Malibu. The lawsuits allege that one of the drivers was killed—and the other paralyzed from the neck down—when they were rear-ended last October as a result… Read More »
Product Liability Claim Filed Against “Ice Cream” Manufacturer
Product liability litigation isn’t just limited to claims related to auto accidents or claims against medical device manufacturers; it can also be brought in relation to alleged labeling and deception claims. Take, for example, the recent lawsuit filed against the company Halo Top by a consumer who claims that he was tricked into purchasing… Read More »
Jury Unanimously Clears Michelin in Texas Products Liability Case
In February, a Texas jury unanimously exonerated Michelin North America, Inc. in a product liability lawsuit involving the alleged failure of a BF Goodrich “Rugged Trail T/A” tire. This marks the third product liability claim that Michelin has successfully defended within the last three years. The lawsuit was filed in 2014 in the 43rd… Read More »
Strategies for Removing a Product Liability Lawsuits to Federal Court
It is no secret that plaintiff’s attorneys often engage in blatant forum shopping in the hopes of filing a product liability or other tort claim in a “friendly” jurisdiction more likely to award their client, or clients, a large sum via a jury verdict. As a result, your Brownsville defense team needs to be… Read More »
Understanding How Texas Courts Treat Email in Civil Litigation
The judicial system in Texas, and across the country, is not typically known for being on the forefront of radical change or cutting-edge technology. A prime example is how the Texas Rules of Civil Procedure treated emails. Prior to 2014, email was not a recognized form of communication under the Texas Rules of Civil… Read More »