Topic
Product Defect
59 published works
Legal Advice Office Blog
The Dealership Runaround: How we turned a Lemon Car into a R180,000 refund
The excitement of driving a newly purchased car off the dealership lot is a feeling we all know and love. But what happens when that excitement quickly turns into the…
Searcy Law Blog
Searcy Denney Investigates Bass Tracker Seatback Failures Resulting in Serious Injuries
By Cal Warriner
Searcy Denney recently became aware of safety concerns with the seats used in Bass Pro’s bass boats. According to the Coast Guard’s safety alert, the casting seats break at the…
Allens Insights
Assessing damages through the rear view mirror
By Allens
Toyota Appeal comforts automakers that courts will recognise efforts to resolve product defects 10 min read In this Insight, we consider the divergent approaches that the courts have applied when…
The Attorney Marketing Center
Missed opportunity
By David Ward
My wife bought a cosmetic product she’d used before, and liked, but the doo-hickey to open the thing was defective. The next time she was at the market, my wife…
Drug & Device Law
Casting Doubt And Poking Holes—Defense Causation Opinion Admissible Even If Not To A Reasonable Probability
A very helpful to-be-published opinion from the California Court of Appeal caught our eye this week because it comes out the correct way on an issue that has always bothered…
Product Perspective: Complex Tort & Product Law
The Sixth Circuit Tosses the Specific Defect Requirement under Tennessee Law
Under the Tennessee Products Liability Act, plaintiffs used to be required to identify a specific defect or condition that made the product unreasonably dangerous and proximately caused the alleged injuries.…
Insurance Law Hawaii
“Your Product” Exclusion Bars Coverage
The insurer's motion for summary judgment was granted based upon the "your product" exclusion. Lacaze Land Dev. v. Deere & Co., 2021 U,S. Dist LEXIS 162175 (W.D. La.…
Drug & Device Law
Neither the ‘Malfunction Theory’ Nor the Res Ipsa Loquitur Doctrine Excuses A Plaintiff’s Failure to Offer Evidence of a Defect
Today we report on Black v. DJO Glob., Inc., --- P.3d ----, 2021 WL 2346038 (Idaho 2021), a short and sweet decision rejecting yet another plaintiff’s attempt to maintain a…
Drug & Device Law
A Most Disappointing Declaration from Georgia
This post is from the non-Reed Smith side of the blog. Dear Readers, The tone of today’s missive may be slightly more formal than most. For you see, as a…
The Lawsuit Monitor
Who is Responsible If Your Car’s Airbag Fails to Deploy?
There are more vehicles on the road now than ever before. In fact, at the end of 2019, numbers reached over 279 million and are only expected to keep…