Part II: Consumer Products – Fault Based Theories of Liability

Historically, the vast majority of product liability actions have been brought forth under theories of strict liability, which focus on the dangerous condition of a consumer product, rather than on fault of the manufacturer or supplier. However, product liability law, particularly in recent years, has evolved to encompass a wide range alternative theories, which provide … Continued

The Court’s Discretionary Powers in Deciding Whether an Expert is Qualified

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Just because an expert testifies, “these days I don’t do hazard analysis,” doesn’t relieve the court of its authority to review the expert’s relevant experience and education to make that determination. In a recent product liability case, Plaintiff made a motion to exclude the expert testimony of Defendant’s product design and safety expert as to … Continued