Infant Sleep Product Liability: Design Defect, Warning Claims, and CPSC Recall Evidence
Inclined infant sleepers and unsafe bassinet designs have produced CPSC recalls and wrongful death claims worth millions. Here is the produ…
Category
Product Liability
Strict liability, recall reporting
Dietary Supplement Contamination: Product Liability Framework Under DSHEA and cGMP Standards
The Dietary Supplement Health and Education Act created a lighter pre-market approval burden for supplement manufacturers than FDA requires…
Table Saw Blade-Contact Injuries: Building the Flesh-Detection Design Defect Case
Table saws injure tens of thousands of people every year, and flesh-detection technology capable of stopping the blade in milliseconds has…
E-Cigarette Product Liability: Building the Nicotine Addiction Defect Case
JUUL and other e-cigarette manufacturers face design-defect, manufacturing-defect, and warning-defect theories across individual cases and…
Building the PFAS Toxic Tort Case: Regulation, Defendants, and Causation
PFAS litigation has matured from groundwater contamination into a broad multi-site toxic tort practice. This piece covers the EPA's 2024 ma…
Lithium-Ion Battery Fire Claims: Chain of Custody and Defendant Identification
When a lithium-ion battery ignites and causes serious injury, the product liability case turns on two questions that distinguish it from ot…
The Statute of Repose: The Product Time Bar That Kills Claims Early
A statute of repose can extinguish a product claim before your client is even hurt. Here is how repose differs from limitations, why state…
Successor Liability When the Manufacturer Is Already Gone
The company that built the defective machine dissolved years ago, but a buyer took its assets and kept selling under the same brand. Here i…
The Heeding Presumption and the Warning-Defect Causation Gap
Warning cases die on causation. The heeding presumption fills the gap by presuming a plaintiff would have followed an adequate warning, but…
Crashworthiness and the Enhanced-Injury Second Collision
The manufacturer's duty is not to prevent the crash but to avoid aggravating the injury. Building the enhanced-injury case, from Larsen to…
The Component-Parts Doctrine and When the Supplier Stays In
The component-parts doctrine sends generic suppliers home, but two exceptions keep the right defendant in. Here is how to plead and prove t…
The Malfunction Theory: Proving a Defect You Cannot Name
When a fire or blowout destroys the product, the malfunction theory lets a plaintiff prove a defect by inference. How to build the record a…