2nd Circuit Revives Acetaminophen Lawsuits, Overturning Judge Cote’s Rule 702 Ruling
The American Tort Reform Association today chided the 2nd Circui...
Product liability law is meant to compensate persons injured by defective products and to deter manufacturers from marketing such products.
Product liability laws in some states fail to send clear signals to manufacturers about how to avoid liability, and hold manufacturers liable for failure to adopt certain designs when the manufacturers neither knew, nor could have anticipated, the risk.
ATRA supports legislation that: governs all product liability actions, irrespective of the theory on which they are brought, so that plaintiffs cannot evade the law by inventing new theories of recovery; permits a plaintiff to recover damages only upon proof that the product was defective and that the defect was the cause of the harm; sets out clear rules for determining when a product is defective; provides clear standards for establishing liability based on manufacturing defects, design defects, and warning defects; provides clear rules requiring proof of causation.
Excludes product sellers from strict liability in product liability actions.
Establishes a committee to study the impact of product liability on New Hampshire businesses.
Provides a state of the art defense for defendants in product liability cases.
Provides statutory defenses to product liability claims, including assumption of the risk and misuse of product.
Court Ruled Against ATRA's Position
Case Not Yet DecidedCase Not Yet DecidedCase Not Yet Decided
Court Granted CertCourt Ruled Against ATRA's PositionCase Not Yet Decided