Utilizing statutory defenses for potential product liability claims.
Defense Counsel Journal › Vol. 76 Nbr. 2, April 2009
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Utilizing statutory defenses for potential product liability claims.
Attorneys practicing in the product liability field should be aware of all statutory affirmative defenses to product-related claims and how those defenses inform product manufacturing and marketing, as well as the benefits to clients of early preparation for litigation. This article informs the product liability attorney preparing a client to roll out a new product.
A firm grasp of product liability defenses is essential both in preparing for future claims against the client for product failure or defect and in preparing the product for market in a fashion tailored to minimize potential liability. Accordingly, this article has two focuses. The first focus is on the front end of the product roll out when clients should be advised to expend resources up front to prepare for and reduce the cost of future litigation. The second focus is on the back end of a product's life on the market where familiarity with product liability affirmative defenses benefit a client faced with litigation. The recommendations presented apply to any product roll out, but are particularly pertinent for an inherently dangerous product. I. INTRODUCTION (1) This article is intended to inform the product liability defense attorney preparing a client to roll out a new product. A firm grasp of product liability defenses is essential both in preparing for future claims against the client for product failure or defect and in preparing the product for market in a fashion tailored to minimize potential liability. This article has two distinct focuses. The first focus is on the front end of the product roll out when clients should be advised to expend resources up front to prepare for and reduce the cost of future litigation. Investing resources prior to product roll out also may enable the client to assert an advice of counsel defense in certain jurisdictions to preclude punitive damages. The second focus is on the back end of a product's life on the market where familiarity with product liability affirmative defenses benefit a client faced with litigation. This article also includes specific applications to inherently dangerous products because these products present more daunting product liability concerns. (2) The recommendations presented in this article apply to any product roll out. These recommendations are especially ...See the full content of this document
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