Products

“The substantive law of product liability is at the heart of the defense of product liability litigation. These issues range from whether strict liability or negligence principles apply to the action, to elements of particular causes of action, such as alternative design in design defect cases and the learned intermediary rule in medical warning cases, to the impact of substantive liability rules on the admissibility of evidence and the instructions received by the jury. Without the enforcement of appropriate restraints on the substantive law of product liability, defendants run a substantial risk that ‘product liability’ could amount to ‘absolute liability’.” — James M. Beck, Reed Smith LLP
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