§20.1 Introduction

LibraryTorts (OSBar) (2012 Ed.)
§20.1 INTRODUCTION

This chapter guides the lawyer handling a products liability case through the stages of a lawsuit in which the substantive tort law is critical:

(1) Legal analysis. Which statutes apply? How do those statutes affect the claim? What case law is relevant?

(2) Drafting the complaint. What theories of liability are available? What elements are required to state a claim for relief? Who may be a plaintiff? Who may be a defendant? What kinds of damages may be sought?

(3) Drafting the answer. What affirmative defenses are available? What elements are required to state each defense properly?

(4) Evidentiary issues created by substantive products liability law. What special or peculiar admissibility issues are likely to arise that depend for...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT