Hat tip to Abnormal Use: The Unreasonably Dangerous Products Liability Blog for advising me about this Utah lawsuit. Apparently, a woman followed Google Maps walking directions on her Blackberry, walking across a four-lane highway where she was struck by an approaching vehicle. She sued Google; here is a copy of…
Articles Posted in Products Liability
SCOTUS To Consider Seatbelt Preemption Case
The United States Supreme Court has agreed to consider whether the family of a woman killed in a car accident should be permitted to bring suit against Mazda Motor Corp. alleging that the death was caused by the failure of Mazda to install three-point seatbelts in its 1993 MPV minivan. Here…
Johnson and Johnson Issues Massive Product Recall
The good news is that a division of Johnson and Johnson appears to be acting promptly to solve a problem. The bad news is that the consumers who use the 43 recalled products for children and infants are going to be wondering if their children have suffered any harm from…
Products Liability Judgment Against Ford Reversed
The South Carolina Supreme Court has reversed a judgment for the plaintiffs in a case against Ford Motor Company. The plaintiffs claimed that the Ford Explorer in which they were riding had a defective cruise control and defective seat belts. The court ruled that the trial judge should have excluded…
Medical Helicopter Crash Near Brownsville, TN
Various television stations are reporting that a medical helicopter crashed outside of Brownsville, Tennessee. The NTSB has sent a team to the scene. Apparently, the company operating the helicopter was Memphis Medical Center Air Ambulance Service, Inc., also known as Hospital Wing. The helicopter was a Eurocopter Astar AS350B3 model. …
Form Protective Order For Use in Products Liability Case
Tim Edwards of Memphis has kindly shared a protective order in a products liability case.
SCOTUS Will Hear Vaccine Case
The United States Supreme Court has decided to hear Bruesewitz v. Wyeth, a case where the Bruesewitz family says there should be legal recourse beyond the administrative process set up by the National Childhood Vaccine Injury Act. The minor plaintiff suffered seizures two hours after receiving her six-month DPT vaccine in…
Product Manufacturer Cannot Use Release Against Consumer
This is an interesting decision out of Colorado. Executive Tans operated an upright tanning booth manufactured by Sun Ergoline. Before using the booth, Savannah Boles signed a release form provided by Executive Tans that said as follows: “I have read the instructions for proper use of the tanning facilities and…
Proposed Consumer Product Safety Commission Database Concerns Product Liability Defense Lawyers
Thompson Hine is a 99-year old law firm with offices in eight different cities. Its products liability lawyers work do work in the aerospace, automotive, chemical, electrical, mechanical, medical device and pharmaceutical areas. And they are concerned about the implications of Section 212 of the Consumer Product Safety Improvement Act of 2008,…
Economic Loss Rule Applied in South Carolina Truck Fire Case
The South Carolina Supreme Court has ruled that the economic loss rule precludes a truck owner’s tort claims against the truck manufacturer. The case is Sapp & Smith v. Ford Motor Company, Opinion 26754 (S.C. December 21, 2009). Sapp filed suit against Ford alleging property damage to his vehicle (there…