Find Lawyers in Manchester, New Hampshire for Product Liability Litigation - Defendants
Andy is a shareholder of the firm, practicing primarily in the area of civil litigation. Andy has 37 years of trial experience litigating civil cases, including personal injury, products liability, industrial and construction site accidents, professional liability, and insurance coverage, matters. Andy has an extensive appellate practice, resulting in over 100 published opinions to his credit. He has been described in statewide publications as "an appellate ace." He is best known in the legal...
Product Liability Litigation - Defendants Definition
The essence of a product liability claim is that the product contained a defect when it left the hands of the manufacturer and that the defect caused the plaintiff to suffer a personal injury. “Defect” in the product liability context means that there was something in the manufacturing design or warning of the product which caused the product to be not reasonably fit, suitable, and safe for its intended purposes. The viable legal theories depend on state law and often include negligence, strict liability, breach of express and implied warranties, and, sometimes, fraud.
The defense of a product liability claim begins with a thorough analysis of the complaint. Often, a plaintiff’s pleading lacks the specificity required to withstand a motion to dismiss. In other instances, the complaint pleads causes of action that fail as a matter of law. Early motion practice should be considered. Depending on state law, there are also a variety of defenses available to the defendant including comparative negligence, assumption of the risk, state of the art and federal pre-emption. Product liability claims often raise complex issues and require the retention of scientific and technical experts to defend them.
The defendant should consider the following when evaluating counsel to defend a product liability claim: prior experience and demonstrated competence in the field; knowledge of the relevant sate product liability law; familiarity with the venue and local judges; and trial experience.
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Enhancing Consumer Safety Through Winning Jury Trials and Substantial Settlements
by Justin Smulison