Tag Archives: Defending Product Liability Claims
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 »
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 »
Post-Sale Duty to Warn? Recent Decisions Could Signal Shift in Product Liability Law
In Texas, there is no post-sale duty to warn a customer if a defect is discovered in a product. However, Texas courts have held that a duty may arise if the manufacturer has “significant control” over the product and/or voluntarily assumes the duty to warn. This legal standard is fairly reasonable for businesses, both… Read More »