Tag

product liability
On March 24, 2023, Florida reduced the Statute of Limitations for negligence claims from 4 years to 2 years for any negligence causes of action arising after the amendment went into effect on that date.  Fla. Stat. § 95.11(4)(a); see also Florida House Bill 837, https://www.flsenate.gov/Session/Bill/2023/837.  Negligence if often pled in tandem with or as...
Fires resulting from spontaneous combustion of self-heating products such as oil-based stains and certain cooking oils are relatively common. Typically, soiled linens, rags and sawdust are saturated with such products and serve as the first fuel for the fire. In recent years, there has been an increase in restaurant fires involving the spontaneous combustion of...
If you are handling or investigating any water losses due to the failure of certain Viking brand VK457 sprinkler heads, you may be able to benefit from a class action settlement. As you may be aware, a class action suit, entitled Jackson, et al. v. Viking Group, Inc., et al., No. 8:18-cv-02356-PJM (D. Md.), was brought...
The Alter Ego doctrine is used by the courts to ignore the corporate status of a group of stockholders, officers, etc., so that they may be held personally liable for their fraudulent or unjust actions[1].  A parent corporation will be considered the alter ego of a subsidiary corporation if it controls and directs its activities...
On March 23, 2018, a Tesla Model X SUV hit a concrete median in Mountain View, California. The impact ripped the Tesla’s 1,200 pound, 400-volt lithium ion battery open and splattered energized battery cells across the 101 freeway. The Mountain View Fire Department arrived on the scene and quickly realized they were ill-equipped to respond...
The Connecticut Supreme Court, in Bifolck v. Philip Morris, Inc., recently made what the Court termed “modest refinements” to Connecticut’s product liability law. Case No. SC 19310 (Conn. Dec. 29, 2016). To recover under Connecticut’s Product Liability Act, a plaintiff alleging a product was defectively designed, defectively manufactured, or defective for a failure to warn...
It is not unusual to face a situation where a product implicated in a loss is manufactured by a foreign defendant. Typically, the product has been manufactured in another country and distributed by a domestic company or otherwise sold by a domestic retailer. In such situations there can be a reluctance to pursue the foreign...
Effective October 1, 2009, North Carolina’s statute of repose for claims for defective products will be increased from six to twelve years for actions that accrue on or after October 1, 2009.  N .C .G .S. 1-46.1(a)(1) .  For actions that accrued prior to October 1, 2009, the former statue of six years after the date of initial purchase or consumption...