A recent edition of the journal of the Federation of Defense and Corporate Counsel article called “Handling Difficult Issues in Products Liability Actions: Subsequent Remedial Measures, Similar Accidents, Recalls, and Foreign Defendants.” It is written by Bradley C. Nahrstadt.
The well-written article has a nice collection of cases from around the country on the stated topics. The author describes the article this way:
“The purpose of this article is to apprise defense counsel of three potentially fatal areas of pre-trial discovery and trial testimony in products liability actions – evidence of subsequent remedial measures, evidence of other accidents, and evidence of product recalls – and to provide suggestions regarding alternate ways to deal with such evidence. The final section of this article will discuss some interesting issues that often arise when defense counsel represents a foreign product manufacturer or distributor.”