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What is Product Liability?
 
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Product liability is the area of law in which consumers can bring claims against manufacturers and sellers for products that injure people. To sue for product liability, you only need to show 1 of 3 things to hold the manufacturer Liable. You need to show that either they built the product badly- a manufacturing defect they designed the product badly- a design defect or they didn’t warn you about a risk or danger associated with the product- a failure to warn. By digging into the details of what caused harm and how, product liability law provides straightforward ways to establish who is liable for injury.
Torts Prod Liability Negligence
 
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Emerson Bar Review Torts Products liability Negligence Stay tuned and subscribe once I will create narrated explanations of Torts, Criminal law etc. in my series subscribe to my channel for updates of those narrated tutorials.
Views: 3203 Abacus Inc.
Strict Product Liability - Tort
 
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This video explains the tort of strict product liability. It also explains the limited defenses that apply to strict product liability actions. Find more free resources at TheBusinessProfessor.com
Views: 14768 The Business Professor
What is a product liability negligence claim? │DeMayo Law
 
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http://www.DeMayoLaw.com A product liability negligence claim shows that the wholesaler, retailer, distributor, or manufacturer was negligent in providing you with a working product due to: • Failure to Warn • Design Defect • Manufacturing Defect
Views: 524 Michael DeMayo
Chapter 3:  Torts and Product Liability
 
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Chapter 3: Torts and Product Liability Video produced by Newman Law, Olympia, All rights reserved. Not authorized for copy or download
Views: 4856 Shawn Newman
What is Product Liability?
 
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Product liability is a major area of the law in which makers of defective products can be held liable for injuries even if they are not at fault. BIG LAW is a series of videos that give you the answers you have about the law.
Views: 4512 iMousetrap
Torts lecture: Negligence in Products Liability | quimbee.com
 
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A brief excerpt from Quimbee's lecture video on negligence in product liability. Watch more at https://www.quimbee.com/lectures/12. For just $15/month, you can get access to Quimbee's expansive library of law tutorials, lecture videos, practice questions, and case briefs. Enroll today at https://www.quimbee.com/users/sign_up This video is just one of 70 videos in our lecture on torts. "Torts" table of contents: 1. Introduction + Opening Remarks 2. Intentional Torts + Intent + Battery + Assault + False Imprisonment + Trespass to Land + Trespass to Chattel and Conversion of Chattel + Examples of Trespass and Conversion of Chattel + Intentional Infliction of Emotional Distress 3. Defenses to Intentional Torts + Self-Defense + Defending and Retaking Property: Use of Force + Defending and Retaking Property: Shopkeeper's Privileges + Consent + Necessity 4. The Basic Elements of Negligence + Introduction to Negligence 5. Negligence: Duty of Care + Importance of Duty and the "No Duty to Act" Rule + General Reasonable Person Standard + Introduction to Professional and Medical Liability + Duties of Children and Other Particular Standards of Care + Duty to Foreseeable Plaintiffs + Duties of Landowners to Trespassers, Licensees, and Invitees + Examples of the Duties of Landowners to Trespassers, Licensees, and Invitees + Duties of Landowners to Their Residential Tenants + Duties of Landowners to Child Trespassers + Introduction to Recreational Use Statutes + Duty to Protect from Third Persons: Defendant's Relationship with Plaintiff + Duty to Protect from Third Persons: Defendant's Relationship with the Third Person + Duty Arising from Risk Creation + Duty Arising from a Promise, Undertaking, or Relationship + Duties of Those Who Furnish Alcohol for Profit + Duties Among Family Members 6. Negligence: Particular Issues + Negligent Infliction of Emotional Distress + Slip and Fall Cases + Toxic Torts + The Firefighter's Rule + Good Samaritan Laws 7. Negligence: Breach + Evaluating Defendant's Conduct and Establishing Breach + Negligence Per Se + Res Ipsa Loquitur 8. Negligence: Harm and Actual Causation + Actual Harm + Tests for Actual Causation 9. Negligence: Proximate Cause + Introduction to Proximate Cause + Role of Intervening Persons or Forces + Relationship Between Proximate Cause and Plaintiff's Fault 10. Defenses to Negligence + Contributory Negligence + Comparative Fault Schemes + Plaintiff's Illegal Activity + Assumption of the Risk + Statutes of Limitation 11. Vicarious Liability + Introduction to Vicarious Liability + Respondeat Superior: The Master-Servant Relationship + Respondeat Superior: Scope of Employment (Negligence) + Respondeat Superior: Scope of Employment (Intentional Torts) + Employer Liability for the Torts of Independent Contractors 12. Strict Liability + Introduction to Strict Liability + Trespassing Animals + Nuisance + Abnormally Dangerous Activities + Defenses to Strict Liability 13. Products Liability + Introduction to Products Liability + Manufacturing Defects + Manufacturing Defects in Food + Design Defects + Exclusion of Mere Economic Loss + Warning or Informational Defects + Negligence in Products Liability + Strict Liability in Products Liability + Defenses to Product Liability 14. Responsibility and Damages + Joint and Several Liability + Contribution in a Joint and Several Liability System + Indemnification, Subrogation, and Satisfaction + Compensatory and Punitive Damages + Death in Tort Law + Avoidable Consequences and Plaintiff's Mitigation of Damages + Emotional Distress as Damage + Loss of Consortium 15. Economic, Dignitary, and Relational Torts + Introduction to Defamation + Defamation in Light of the First Amendment + Privileges and Defenses to Defamation + Damages in Common Law Defamation 16. Conclusion + Final Thoughts
Views: 920 Quimbee
What is Product Liability?
 
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http://www.lawmed.com/cases_we_handle/defective_product/index.php What is product liability? When a person is injured while using a product—any type of product—a good attorney will want to investigate whether there was a problem in the way the product was designed or manufactured. If so, then the injury might have been prevented if not for the defect. If you sustained a serious injury due to a product that malfunctioned or broke, you may want to consult with an attorney. A product liability lawyer will investigate the facts of the case, find out if other people had also been injured by the same product, and figure out whether your injuries were the result of a defect in the product. In this video, HensonFuerst partner David Henson answers basic questions about product liability and defective products. *** Principal Office of Henson & Fuerst, PA: 2501 Blue Ridge Road, Raleigh, NC 27607 *** If you have additional questions about product liability injuries, feel free to visit our website at http://www.lawmed.com/, and don't forget to look at some of our other videos at http://www.youtube.com/hensonfuerst/. What is product liability? Hi, this is DH with HF Attorneys in North Carolina. While my wife, Carma Henson, and I were getting dressed this morning, her curling iron started sparking and smoking. With catlike reflexes, she quickly unplugged it, dispersed the smoke, and averted all sorts of bad things that could have happened us or to our house. Then, like the well-trained lawyer she is, Carma proceeded to rant that the curling iron was brand new, and that she wanted her money back for that piece of junk. I, on the other hand started thinking about what could have happened had it injured someone in our family, or if it had burned down our down. Then, I thought, let's use this piece of junk to educate folks about Product Liability law and what it is. So....here goes: A defective product is any product that a manufacturer or distributor knew, or should have known, would cause injury in its normal course of use. A claim usually results from either a design defect or a manufacturing defect. Design defects typically focus on the creation phase of the product: • how it was thought up and developed • how it was intended to be constructed and manufactured • whether the designers considered the likely uses of the product • how the designers considered potential failures of the product. Claims relating to the manufacturing phase of the process may relate to: • inadequate quality control • use of substandard materials in construction • assembly of materials in a manner inconsistent with design specifications • how the product was distributed. So, in the context of the burned curling iron, we don't really know what caused it to catch fire and start smoking. Had the injury or damage been severe enough, we could hire an accident reconstruction engineer to take it apart and figure out what happened to it. These independent experts are unbiased scientists who can figure out whether any design, manufacturing, or structural defects occurred in the manufacture of the product. One of my favorite tasks as a lawyer is to go to the offices of accident reconstruction engineers while they are testing defective products. There is nothing quite so entertaining as watching engineers try to make curling irons, toasters, or other defective products catch fire, fail, or break because of shoddy workmanship, construction, or design. Another thing that we do in defective products cases is check whether other people were also injured while using the product. Defects tend to occur more than once, so we start by locating other instances of similar injuries in similar circumstances so that we can build upon the case that we are trying to piece together. In the end, products liability cases are both interesting and challenging. We enjoy knowing that we are helping to improve the safety of products sold in our communities, and it is gratifying to work for clients who need our help in rebuilding their lives. If you have additional questions regarding product liability cases, go to our website at www.lawmed.com . As for me, well...it looks like my job is to try and get our money back for this piece of junk.
Views: 3250 Henson Fuerst
Strict Liability and Product Liability | Business Law (Chapter 6)
 
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Strict Liability and Product Liability | Business Law (Chapter 6) Subscribe this channel to get more knowledge,Slides,Lectures,Presentations etc. Youtube: http://www.youtube.com/c/GetKnowledge?sub_confirmation=1 Facebook: https://www.facebook.com/g8knowledge Twitter: https://www.twitter.com/g8knowledge Instragram: https://www.instagram.com/knowledgeget Course Description: This course covers all the aspects and functions of a business and its environment. Overview of areas like Economics, Management, Human Resources, Marketing, Production, Information Technology, Accounting and Finance is undertaken in this course. Course Objective: The objective of this course is to provide in depth knowledge to students about the legal environment of business. The course covers Contract Act, Law of sales of Goods, Law of Carriage of Goods, Law of partnership, Law of Negotiable Instruments and Company Law. After studying this course, students would be able to understand the contracts, its formation and other legal aspects of business.
Views: 787 Get Knowledge
Consumer Protection Act - Product Liability
 
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Product liability is about making product manufacturers liable when a defect in their product has caused injury or harm to another person. Common law tort of product liability when framing it in the guise of negligence, in that the manufacturer of a product was negligent in causing the product to be defective and that negligence has caused harm to an individual. The following elements need to be established: • Duty of Care • Breach of the Duty • Causation • Damage or Injury The problem is proving the product was defective and establishing that the duty of care had been breached. Following the introduction of the Consumer Protection Act 1987 there is now strict liability tort for Product Liability. Part 1 of the Consumer Protection Act 1987 implemented the European Community Directive on Liability for Defective Products 1985 (85/374/EEC) which enshrined the notion of strict liability for defective products into UK Law. This means if a product was faulty, the manufacturer of the product would be automatically be liable for any harm caused by that defect whether he or she was at fault or not. Section 2(1) of the Consumer Protection Act 1987 damage is established when there has been “any damage”. This means any person who suffers injury is entitled to claim, not simply limited to the person who bought the product. Section 5 of the Consumer Protection Act 1987 excludes the following kind of damage from the strict liability tort of defective products: • Loss or damage to the product itself • Damage to business property not ordinarily intended for private use • Property damage valued under £275 Defences against Product Liability are detailed in the Consumer Protection Act 1987: • If the defendant did not supply the product to another – e.g. if the product had been stolen • If the defendant did not supply the product in the course of business – e.g. if it was a gift • The product was not defective when it was supplied
Views: 1331 All About UK Law
How to Establish a Product Liability Case (Ep.31)
 
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https://www.InjuryClaimCoach.com Product liability is in a class by itself. If you were injured by a defective product, certain legal concepts like strict liability can make your lawsuit settlement almost automatic. Learn more in this video tutorial.
Views: 3718 Injury Claim Coach
The unique risks of product liability
 
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Product liability poses a unique risk—it is unpredictable, can involve large dollar amounts, and presents significant exposure from claims arising many years or decades after a product is produced or even removed from the marketplace. In addition, when claims arise after a manufacturer goes out of business, other parties in the supply chain, such as retailers, parts suppliers, and contractors, are at risk of becoming target defendants for product liability claims. Milliman helps clients avoid being blindsided by liability claims and future exposures that aren't fully assessed or reflected on the balance sheet. Learn more at hhttp://www.milliman.com/Solutions/Services/Product-liability-consulting/
Views: 1554 Milliman, Inc.
Products Liability
 
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Views: 1306 hclaw002
Defective Product Claims: Theories of Liability
 
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See full article at (https://injury-pedia.com/defective-product-claims-theories-liability/) If you were injured by a defective product that you used, you may have a claim against the seller, manufacturer, or someone else involved in the distribution chain. In defective product cases there are 4 theories of liability that are frequently used, and if you understand the 4 theories it may help you to make a decision about pursuing the claim. The theories are: •Breach of warranty •Breach of implied warranty •Strict products liability •Intentional fraud or misrepresentation Breach of Warranty Also known as a ‘Breach of express warranty’, this refers to the warranty or the guarantee that comes with the product as standard. If the defect breached the warranty you might have a claim. An express warranty is usually written or stated and they can appear on the product’s packaging or label, in the paperwork or instructions that may have come with the product. Warranties can also be found in product advertising, marketing materials, or even on signs in stores. Breach of Implied Warranty If you purchased a product that was later to be found defective but it did not have a warranty it may still be covered by what is known as ‘Implied warranties’, and the defect could still breach the implied warranties. An implied warranty refers to the warranty that is applied to the product by law. The warranty does not have to be guaranteed by the seller of the product or even by the manufacturer. However, state law imposes implied warranties on the manufacturers and the suppliers of the products. As with every product that’s been manufactured, an implied warranty will depend on the product that has a defect. Although the warranties may differ between states, there are 2 types of warranties, implied warranty of merchantability, and implied warranty of fitness for a particular purpose. Implied Warranty of Merchantability This refers to a guarantee that any product you buy is somewhat fit for its purpose. Let’s imagine that you have purchased a microwavable bowl, and after placing it in the microwave for a few minutes the bowl cracks and causes you injury. Due to the injury that you suffered and that the product did not work as it should have, you may have a claim. Implied Warranty of Fitness for a Particular Purpose This refers to another obligation that the seller takes on when they put a product up for sale, knowing that it is intended to be used in a particular way. When the seller purchases the product they are guaranteeing that it is fit for the purpose. Strict Products Liability Strict products liability is used when a manufacturer, for example, has been found negligent. When the manufacturer has been found negligent they could be found liable irrespective of the steps it had taken to reduce the likelihood of an accident. When a manufacturer, a seller, or supplier, for example, has been found negligent you will not need to prove that they did not take care when they were making the product. You will only have to show that the product you purchased was defective and that your injury was caused by the defect. In their defense, the manufacturer, supplier, or seller may argue that the product was not dangerous. They may also argue that you should have been aware of any danger and that you should have done what you could to avoid it. They may also try to argue that the product defect did not cause your injury. However, if you can make a claim, basing it on strict products liability, the defendant won’t be able to argue that they were very careful when they distributed or made the product. Many states tend to vary in their application of strict product's liability, meaning that this theory may not apply to every case. How a Lawyer can help with your Claim If you were injured by a defective product you should be aware that a product liability case could be complicated. However, depending on your claim you may receive a large settlement. A product liability lawyer could help you with your claim, helping you to navigate the often complicated world of defective product claims. For all your personal injury needs check out https://injury-pedia.com
Views: 46 Doctor Tomason
Episode 1.2: An Overview of Tort Law – Intentional Torts, Negligence, and Strict Liability
 
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Professor Lindsay Wiley from American University Washington College of Law opens up Torts with a brief overview of the three main types of torts. Script was written by Prof. Lindsay Wiley, narration was done by Jackie Morrison, and visuals by Aaron Dewald
Product liability
 
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Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause. Although the word "product" has broad connotations, product liability as an area of law is traditionally limited to products in the form of tangible personal property. This video is targeted to blind users. Attribution: Article text available under CC-BY-SA Creative Commons image source in video
Views: 3621 Audiopedia
Do You Have a Product Liability Case? | Personal Injury Lawyers Ottawa
 
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If you used a product and were injured as a result of the inadequate safety instructions provided, you may have a product liability case. Most of these cases are a result of negligence on the manufacturers part as there is usually no contact between the customer and the manufacturer. For the negligence to be proven, it must be established that the defendant owed a duty of care to the purchaser, the standard of care was breached, and that this breach caused the damages. Furthermore, product liability cases generally establish that the manufacturer was negligent when they designed the product and/or when they manufactured the product, and there was no warning of danger associated with the product. Negligence in Design When a product is designed in a way that is unnecessarily dangerous, it falls below the applicable standard of care. In this situation, a claim can be made against the manufacturer. The product can be compared against the design of products that are similar. A risk-utility test can also be taken into consideration. Negligence in Manufacturing A claim can also be made against the manufacturer in the case that there was a negligent manufacturing and/or assembly process. In this situation, the purchased product is inconsistent with its design. Manufacturer liability pertaining to negligence in manufacturing come in the form of faulty assembly, faulty fabrication, and/or the failure of proper inspection, quality assurance, and quality control. Negligence in the Duty to Warn An additional negligence claim that can be made in a product liability case is the failure to adequately warn of a foreseeable risk of injury. Safety warnings, labels and instructions are all part of the manufacturers responsibility. They must disclose the safe use of the product in the warranty’s liability section. Compensation for Damages In Canada, the cap for damages in a product liability claim where there were hardships sustained is $380,000. Howard Yegendorf & Associates | Ottawa Personal Injury Lawyer [email protected] Ottawa (613)-237-5000 Toronto (647)-360-0267 Toll Free 1-866-303-5118 100 Queen Street, Suite 700 Ottawa, ON K1P 1J9 https://www.yegendorflawfirm.ca/
Class 06B - Negligence, Strict Liability and Product Liability
 
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I created this video with the YouTube Video Editor (http://www.youtube.com/editor)
Views: 583 Andy Dai
Uncovering product liability
 
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Beasley Allen Report host Gibson Vance welcomes his law partner at Beasley Allen, Graham Esdale, to discuss product liability law. Graham began his law practice with the Jefferson County District Attorney's office, working cases involving child and sexual abuse and homicide cases. He says whether working with the victims of violent crime, or practicing product liability law, you are working with people in crisis. In many product liability cases, people are seriously injured or killed, and Graham says it means a lot to him to be able to help people in these difficult circumstances. Product liability cases most often deal with manufacturers who create a defective or dangerous product, and sometimes with dealers and retailers who sell the defective product. Attorneys investigate the circumstances surrounding how a person is injured by a defective product to determine who is at fault for the condition of the product. Many times, injuries on the job or in a single-vehicle accident may be traced back to a defective product.
Views: 1318 Beasley Allen
What is Strict Product Liability?
 
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http://thebusinessprofessor.com/strict-product-liability/ This video discusses strict product liability.
Historical Evolution of Product Liability Law
 
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www.kazanlaw.com - Join Steven Kazan as he traces the evolution of today's product liability law over the past 4,000 years.Learn how today's rules reflect the laws established to protect citizens from the risks presented by oxen in biblical times. Hear about the Bible's version of construction defect law and the origins of modern uniform building and construction codes. www.kazanlaw.com
Views: 1699 Kazan Law
What Is Strict Product Liability?
 
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http://www.lawinfo.com/products-liability.html - If you were injured by a defective product, you may be able to successfully sue the seller or manufacturer of the product without having to prove fault. This is known as strict product liability, and applies in cases where a product has a design or manufacturing defect that lead to injuries. It's important to note, strict product liability only applies in special cases, where the original manufacturer or seller sold you the product, not a reseller or non-merchant. Additionally, if you used a product in a non-foreseeable or negligent manner, strict product liability may not apply. If you were injured while using a product, it's important to speak with an attorney immediately. Any delay may result in the loss of evidence, and forfeiture of your case.
Views: 2420 lawinfo
What is a strict liability crime?
 
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What is a strict liability crime? This video discusses criminal laws that do not require the prosecutor to prove that the defendant acted with a culpable mental state. TTo discuss further, feel free to send me an email and to comment below. Also, please visit my website and blog. I offer online tutoring and consultations with discounts for subscribers. website: http://www.uslawessentials.squarespace.com blog: http://www.uslawessentials.squarespace.com/blog email:uslawessentials at gmail dot com Twitter:https://twitter.com/uslawessentials United States Law: An Introduction for International Students is available at: https://www.amazon.com/author/danieledelson
Views: 44006 USLawEssentials
How To Write For The CA Bar Exam - Product Liability Approach
 
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Need an alternative to the full Bar Prep course? CA Bar Style now has Approach videos and training you can purchase. You may purchase the entire bundle of all Video Approaches and Materials or purchase individual videos you may need. Click here to view videos available for purchase: https://www.cabarstyle.com/video-bundles/ Passing The CA Bar Exam is all about your approach! In this lecture, CA Bar Style Head Tutor & Founder Shana Karpeles breaks down exactly what to remember and how to approach Torts (Product Liability). 818-616-3302 www.cabarstyle.com
Views: 4540 Ca Bar Style
Introduction to Law:  Tort Law & Product Liability
 
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Video produced by Newman Law, Olympia, All rights reserved. Not authorized for copy or download
Views: 142 Shawn Newman
Torts lecture: Strict Liability in Product Liability | quimbee.com
 
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A brief excerpt from Quimbee's lecture video on strict liability in product liability law. Watch more at https://www.quimbee.com/lectures/12. For just $15/month, you can get access to Quimbee's expansive library of law tutorials, lecture videos, practice questions, and case briefs. Enroll today at https://www.quimbee.com/users/sign_up This video is just one of 70 videos in our lecture on torts. "Torts" table of contents: 1. Introduction + Opening Remarks 2. Intentional Torts + Intent + Battery + Assault + False Imprisonment + Trespass to Land + Trespass to Chattel and Conversion of Chattel + Examples of Trespass and Conversion of Chattel + Intentional Infliction of Emotional Distress 3. Defenses to Intentional Torts + Self-Defense + Defending and Retaking Property: Use of Force + Defending and Retaking Property: Shopkeeper's Privileges + Consent + Necessity 4. The Basic Elements of Negligence + Introduction to Negligence 5. Negligence: Duty of Care + Importance of Duty and the "No Duty to Act" Rule + General Reasonable Person Standard + Introduction to Professional and Medical Liability + Duties of Children and Other Particular Standards of Care + Duty to Foreseeable Plaintiffs + Duties of Landowners to Trespassers, Licensees, and Invitees + Examples of the Duties of Landowners to Trespassers, Licensees, and Invitees + Duties of Landowners to Their Residential Tenants + Duties of Landowners to Child Trespassers + Introduction to Recreational Use Statutes + Duty to Protect from Third Persons: Defendant's Relationship with Plaintiff + Duty to Protect from Third Persons: Defendant's Relationship with the Third Person + Duty Arising from Risk Creation + Duty Arising from a Promise, Undertaking, or Relationship + Duties of Those Who Furnish Alcohol for Profit + Duties Among Family Members 6. Negligence: Particular Issues + Negligent Infliction of Emotional Distress + Slip and Fall Cases + Toxic Torts + The Firefighter's Rule + Good Samaritan Laws 7. Negligence: Breach + Evaluating Defendant's Conduct and Establishing Breach + Negligence Per Se + Res Ipsa Loquitur 8. Negligence: Harm and Actual Causation + Actual Harm + Tests for Actual Causation 9. Negligence: Proximate Cause + Introduction to Proximate Cause + Role of Intervening Persons or Forces + Relationship Between Proximate Cause and Plaintiff's Fault 10. Defenses to Negligence + Contributory Negligence + Comparative Fault Schemes + Plaintiff's Illegal Activity + Assumption of the Risk + Statutes of Limitation 11. Vicarious Liability + Introduction to Vicarious Liability + Respondeat Superior: The Master-Servant Relationship + Respondeat Superior: Scope of Employment (Negligence) + Respondeat Superior: Scope of Employment (Intentional Torts) + Employer Liability for the Torts of Independent Contractors 12. Strict Liability + Introduction to Strict Liability + Trespassing Animals + Nuisance + Abnormally Dangerous Activities + Defenses to Strict Liability 13. Products Liability + Introduction to Products Liability + Manufacturing Defects + Manufacturing Defects in Food + Design Defects + Exclusion of Mere Economic Loss + Warning or Informational Defects + Negligence in Products Liability + Strict Liability in Products Liability + Defenses to Product Liability 14. Responsibility and Damages + Joint and Several Liability + Contribution in a Joint and Several Liability System + Indemnification, Subrogation, and Satisfaction + Compensatory and Punitive Damages + Death in Tort Law + Avoidable Consequences and Plaintiff's Mitigation of Damages + Emotional Distress as Damage + Loss of Consortium 15. Economic, Dignitary, and Relational Torts + Introduction to Defamation + Defamation in Light of the First Amendment + Privileges and Defenses to Defamation + Damages in Common Law Defamation 16. Conclusion + Final Thoughts
Views: 553 Quimbee
Product Liability Lawyer Richmond
 
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http://www.joshsilvermanlaw.com/ Joshua Silverman is a product liability lawyer who fights to obtain compensation for his clients after personal injuries from a defective product. It is important in a product liability case that the faulty product, equipment, or machinery is preserved, as it critical to proving the liability of the manufacturer or seller of the defective product. Product liability actions include defective automobiles, workplace machinery, household products, and consumer goods. To learn how the Virginia medical malpractice and personal injury attorney Joshua Silverman can protect your legal rights if you have been seriously injured or lost a loved one due to the negligence of another, please visit http://www.joshsilvermanlaw.com. You may contact Joshua Silverman at: Silverman Law Firm LC 3415 Floyd Ave Richmond, VA 23221 Phone: (804) 325-4992 Website: http://www.joshsilvermanlaw.com
Views: 37 Joshua Silverman
What is a strict liability product liability claim? │DeMayo Law
 
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http://www.DeMayoLaw.com Unlike other product liability claims, strict liability simply holds the provider responsible for providing the defective product. This does not require you to show negligence caused the product to be defective, just that the defective product directly caused your injuries.
Views: 417 Michael DeMayo
Class 06A - Negligence, Strict Liability and Product Libility
 
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I created this video with the YouTube Video Editor (http://www.youtube.com/editor)
Views: 566 Andy Dai
What is the difference between a negligence claim and a strict liability claim?
 
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Mike Padilla, O'Mara & Padilla, Attorneys at Law, http://www.oplawfirm.com - (619) 800-6905. California Product Liability Law FAQs: http://thelaw.tv/sandiego/Product+Liability+Law Disclaimer: http://thelaw.tv/sandiego/About/disclaimer
Views: 848 OMaraLawTV
New York Product Liability Attorney Anthony Gair: Trial of the Plaintiff's case
 
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This video is an extract of the New York State Bar Association Program "LITIGATING THE PRODUCTS LIABILITY CASE: LAW AND PRACTICE" If you would like to see the complete program (with different speakers) a live webcast option will be available on Friday November 1st 2013 for the Albany Program. Click here for more info http://www.nysba.org/store/events/registration.aspx?event=0DC91 In this video, New York Product Liability Lawyer Anthony Gair explains how to prepare and try a product liability case. The following points are covered: COST The costs involved for the plaintiff's attorney can be astronomical. It is not unusual to accumulate well over $100,000.00 in expenses prior to trial. TIME AND PUTTING IT TOGETHER, Be prepared to spend a countless number of hours on your case. Not only will you have to learn all there is about the particular product, you must learn the principles of safety design engineering. CHOOSING THE LIABILITY EXPERT The following should be taken into account when hiring the liability expert or experts: 1. EDUCATION 2. WORK EXPERIENCE 3. PROFESSIONAL ORGANIZATIONS 4. PATENTS 5. COURSES TAUGHT 6. PUBLICATIONS 7. PRIOR TESTIMONY AND POSITIONS TAKEN DIRECT AND CROSS-EXAMINATION OF THE EXPERTS The foundation for the cross-examination of the defendant's safety design expert must be laid at his deposition. The most important expert for the defendant and for the plaintiff to effectively cross-examine is the design engineer employed by the defendant who actually took part in the design of the product. USE OF THE PRINCIPLES OF SAFETY DESIGN ENGINEERING IN A PRODUCT LIABILITY CASE BASED ON NEGLIGENT PRODUCT DESIGN In product liability cases predicated upon the negligent design of a product, such as almost any type of machine which is to be used by people of varying training and skill it is imperative for the plaintiff's attorney to understand the basics of machine design. This is crucial in New York where the plaintiff's culpable conduct is a defense to a strict product liability action so that the percentage of fault for his injury may be, if not eliminated, reduced as much as possible INCORPORATING THE PRINCIPLES OF SAFETY DESIGN ENGINEERING IN CROSS-EXAMINATION OF THE EXPERT In products liability cases involving allegedly defective machines such as printing presses, plastic molding machinery, power saws, power presses and innumerable others, the defense will invariably argue that it was the plaintiff's culpable conduct which caused the accident and resulting injury. In other words, the defendant will argue that it was the plaintiff's failure to use the product properly or to follow warnings which caused the plaintiff's injury. In New York the plaintiff's culpable conduct is a defense in a Products Liability case. The problem confronting the plaintiff's attorney is that plaintiff will often not have used the machine properly. Given this fact, the jury must be taught that such misuses were reasonably foreseeable and that the manufacturer knew or should have known that users of products are people and that people can make mistakes which must be guarded and warned against. DEMONSTRATIVE EVIDENCE In a Product Liability case, demonstrative evidence is crucial to deflect the defendant's attack that the expert never inspected the product, never designed a similar product, never built a mock up of the alternative design and the usual allegations of "junk science." HANDLING THE JURY If you are in State Court, you will have the opportunity to at least speak with the jury for thirty minutes to an hour in most jurisdictions. In Federal Court, the judge will ask the questions. It is a rare case in which a judge will ask the most important questions the plaintiff's attorney submits. It is crucial, whether done in jury selection or in your opening to develop a theme, which you will have thought about before even deciding to take the case. The plaintiff's attorney must understand that the jury will usually have the mind set that the corporation who designed and manufactured the product knew what they were doing and what befell the plaintiff was his fault for not using the product properly or failure to heed instructions or warnings. Thus the plaintiff at the outset must turn this around and use it to his advantage. ANTHONY GAIR is regarded as one of the best plaintiffs attorneys in New York in the field of product liability and defective products. He was named LAWYER OF THE YEAR 2011, PRODUCT LIABILITY LITIGATION, NEW YORK CITY AREA by BEST LAWYERS where he has been listed every year since 2007. Anthony Gair has also been listed yearly in SuperLawyers since 2006. He also was selected to become a Member of The Law Dragon Top 500 Attorneys in The United States.
Views: 2726 Anthony Gair
Torts lecture: Introduction to Products Liability | quimbee.com
 
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A brief excerpt from Quimbee's lecture video on products liability in tort law. Watch more at https://www.quimbee.com/lectures/12. For just $15/month, you can get access to Quimbee's expansive library of law tutorials, lecture videos, practice questions, and case briefs. Enroll today at https://www.quimbee.com/users/sign_up This video is just one of 70 videos in our lecture on torts. "Torts" table of contents: 1. Introduction + Opening Remarks 2. Intentional Torts + Intent + Battery + Assault + False Imprisonment + Trespass to Land + Trespass to Chattel and Conversion of Chattel + Examples of Trespass and Conversion of Chattel + Intentional Infliction of Emotional Distress 3. Defenses to Intentional Torts + Self-Defense + Defending and Retaking Property: Use of Force + Defending and Retaking Property: Shopkeeper's Privileges + Consent + Necessity 4. The Basic Elements of Negligence + Introduction to Negligence 5. Negligence: Duty of Care + Importance of Duty and the "No Duty to Act" Rule + General Reasonable Person Standard + Introduction to Professional and Medical Liability + Duties of Children and Other Particular Standards of Care + Duty to Foreseeable Plaintiffs + Duties of Landowners to Trespassers, Licensees, and Invitees + Examples of the Duties of Landowners to Trespassers, Licensees, and Invitees + Duties of Landowners to Their Residential Tenants + Duties of Landowners to Child Trespassers + Introduction to Recreational Use Statutes + Duty to Protect from Third Persons: Defendant's Relationship with Plaintiff + Duty to Protect from Third Persons: Defendant's Relationship with the Third Person + Duty Arising from Risk Creation + Duty Arising from a Promise, Undertaking, or Relationship + Duties of Those Who Furnish Alcohol for Profit + Duties Among Family Members 6. Negligence: Particular Issues + Negligent Infliction of Emotional Distress + Slip and Fall Cases + Toxic Torts + The Firefighter's Rule + Good Samaritan Laws 7. Negligence: Breach + Evaluating Defendant's Conduct and Establishing Breach + Negligence Per Se + Res Ipsa Loquitur 8. Negligence: Harm and Actual Causation + Actual Harm + Tests for Actual Causation 9. Negligence: Proximate Cause + Introduction to Proximate Cause + Role of Intervening Persons or Forces + Relationship Between Proximate Cause and Plaintiff's Fault 10. Defenses to Negligence + Contributory Negligence + Comparative Fault Schemes + Plaintiff's Illegal Activity + Assumption of the Risk + Statutes of Limitation 11. Vicarious Liability + Introduction to Vicarious Liability + Respondeat Superior: The Master-Servant Relationship + Respondeat Superior: Scope of Employment (Negligence) + Respondeat Superior: Scope of Employment (Intentional Torts) + Employer Liability for the Torts of Independent Contractors 12. Strict Liability + Introduction to Strict Liability + Trespassing Animals + Nuisance + Abnormally Dangerous Activities + Defenses to Strict Liability 13. Products Liability + Introduction to Products Liability + Manufacturing Defects + Manufacturing Defects in Food + Design Defects + Exclusion of Mere Economic Loss + Warning or Informational Defects + Negligence in Products Liability + Strict Liability in Products Liability + Defenses to Product Liability 14. Responsibility and Damages + Joint and Several Liability + Contribution in a Joint and Several Liability System + Indemnification, Subrogation, and Satisfaction + Compensatory and Punitive Damages + Death in Tort Law + Avoidable Consequences and Plaintiff's Mitigation of Damages + Emotional Distress as Damage + Loss of Consortium 15. Economic, Dignitary, and Relational Torts + Introduction to Defamation + Defamation in Light of the First Amendment + Privileges and Defenses to Defamation + Damages in Common Law Defamation 16. Conclusion + Final Thoughts
Views: 473 Quimbee
What is the difference between negligence and strict liability in a Georgia defective product case?
 
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Roger Orlando, The Orlando Firm P.C., (404) 373-1800. Georgia Defective Products Law FAQs: http://thelaw.tv/atlanta/Defective+Products+Law Disclaimer: http://thelaw.tv/atlanta/About/disclaimer
Views: 105 ROrlandoLawTV
Torts lecture: Defenses to Product Liability | quimbee.com
 
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A brief excerpt from Quimbee's lecture video on defenses to product liability. Watch more at https://www.quimbee.com/lectures/12. For just $15/month, you can get access to Quimbee's expansive library of law tutorials, lecture videos, practice questions, and case briefs. Enroll today at https://www.quimbee.com/users/sign_up This video is just one of 70 videos in our lecture on torts. "Torts" table of contents: 1. Introduction + Opening Remarks 2. Intentional Torts + Intent + Battery + Assault + False Imprisonment + Trespass to Land + Trespass to Chattel and Conversion of Chattel + Examples of Trespass and Conversion of Chattel + Intentional Infliction of Emotional Distress 3. Defenses to Intentional Torts + Self-Defense + Defending and Retaking Property: Use of Force + Defending and Retaking Property: Shopkeeper's Privileges + Consent + Necessity 4. The Basic Elements of Negligence + Introduction to Negligence 5. Negligence: Duty of Care + Importance of Duty and the "No Duty to Act" Rule + General Reasonable Person Standard + Introduction to Professional and Medical Liability + Duties of Children and Other Particular Standards of Care + Duty to Foreseeable Plaintiffs + Duties of Landowners to Trespassers, Licensees, and Invitees + Examples of the Duties of Landowners to Trespassers, Licensees, and Invitees + Duties of Landowners to Their Residential Tenants + Duties of Landowners to Child Trespassers + Introduction to Recreational Use Statutes + Duty to Protect from Third Persons: Defendant's Relationship with Plaintiff + Duty to Protect from Third Persons: Defendant's Relationship with the Third Person + Duty Arising from Risk Creation + Duty Arising from a Promise, Undertaking, or Relationship + Duties of Those Who Furnish Alcohol for Profit + Duties Among Family Members 6. Negligence: Particular Issues + Negligent Infliction of Emotional Distress + Slip and Fall Cases + Toxic Torts + The Firefighter's Rule + Good Samaritan Laws 7. Negligence: Breach + Evaluating Defendant's Conduct and Establishing Breach + Negligence Per Se + Res Ipsa Loquitur 8. Negligence: Harm and Actual Causation + Actual Harm + Tests for Actual Causation 9. Negligence: Proximate Cause + Introduction to Proximate Cause + Role of Intervening Persons or Forces + Relationship Between Proximate Cause and Plaintiff's Fault 10. Defenses to Negligence + Contributory Negligence + Comparative Fault Schemes + Plaintiff's Illegal Activity + Assumption of the Risk + Statutes of Limitation 11. Vicarious Liability + Introduction to Vicarious Liability + Respondeat Superior: The Master-Servant Relationship + Respondeat Superior: Scope of Employment (Negligence) + Respondeat Superior: Scope of Employment (Intentional Torts) + Employer Liability for the Torts of Independent Contractors 12. Strict Liability + Introduction to Strict Liability + Trespassing Animals + Nuisance + Abnormally Dangerous Activities + Defenses to Strict Liability 13. Products Liability + Introduction to Products Liability + Manufacturing Defects + Manufacturing Defects in Food + Design Defects + Exclusion of Mere Economic Loss + Warning or Informational Defects + Negligence in Products Liability + Strict Liability in Products Liability + Defenses to Product Liability 14. Responsibility and Damages + Joint and Several Liability + Contribution in a Joint and Several Liability System + Indemnification, Subrogation, and Satisfaction + Compensatory and Punitive Damages + Death in Tort Law + Avoidable Consequences and Plaintiff's Mitigation of Damages + Emotional Distress as Damage + Loss of Consortium 15. Economic, Dignitary, and Relational Torts + Introduction to Defamation + Defamation in Light of the First Amendment + Privileges and Defenses to Defamation + Damages in Common Law Defamation 16. Conclusion + Final Thoughts
Views: 512 Quimbee
Trial by Fire: 5 lessons about surviving a products liability lawsuit
 
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Get the full story and learn five lessons about surviving a products liability lawsuit from one electronics manufacturer who fought back.
Views: 3564 Travelers
Products Liability
 
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Terrell Hogan is Jacksonville, Florida's largest personal injury trial law firm, experienced in over 25 practice areas including asbestos, mesothelioma, car accidents, trucking accidents, defective drugs, dog bites, Florida auto insurance, medical malpractice, wrongful death and unsafe products. We feel so strongly that everyone should have access to news about dangerous and defective products that we've included it on television as a service to the community. You may have seen or heard our alerts for the community about product recalls, and you can also find that information here on our website. Terrell Hogan believes that product recalls are worth repeating to help keep your family informed and safe. http://www.facebook.com/#!/WayneHoganTH
Views: 3713 Terrell Hogan
Feldman Shepherd Attorney Shares Insight on Product Liability Cases
 
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http://www.feldmanshepherd.com Feldman Shepherd Philadelphia product liability lawyer Alan Feldman presented a CLE outlining tips to help attorneys determine which precedent would apply to their product liability negligence and intended use cases.
Views: 153 Feldman Shepherd
Product Liability Theories by Professor Brvenik
 
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Product Liabilty Theories by Professor Brvenik
Views: 212 Andrea Brvenik
Negligence versus strict liability
 
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Torts, Negligence, strict liability
Views: 1434 Gus Nelson
Ch. 8: Liability for Defective Products A. Introduction
 
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TO USE OR PRINT this presentation click : http://videosliders.com/r/177 ============================================================== Ch. 8: Liability for Defective ProductsA. Introduction A person is injured by a product and sues the manufacturer, or the retailer who sold the product. What legal theories are available to support recovery? ,Ch. 8: Liability for Defective ProductsA. Introduction A person is injured by a product and sues the manufacturer, or the person who sold the product. What legal theories are available to support recover? negligence theories contract theories: breach of warranty other tort theories: fraud, or misrepresentation strict product liability ,Negligence – based theories MacPherson v. Buick Motor Co. Wheel maker sells wheel to Buick, who sells car to Retailer, who sells car to Plaintiff, who is injured when wheel collapses P’s theory: rsble inspection by Buick would have revealed defect. sues ,Negligence – based theories MacPherson v. Buick Motor Co. Buick: No duty: no privity! No duty to inspect: bought from reputable manufacturer. ,Negligence – based theories MacPherson v. Buick Motor Co. “if the nature of a thing is such that it is reasonably certain to place life and limb in peril when negligently made, it is a thing of danger. . . . If to the element of danger, there is added knowledge that the thing will be used by persons other than the purchaser, and used without new tests, then irrespective of contract, the manufacturer of this thing of danger is under a duty to make it carefully.” ,Negligence – based theories Applying MacPherson to our problem, what are the legal issues? As to duty: Would there be a duty on the tire manufacturer, as opposed to Ford? Is the danger “not merely possible, but probable”? Was there knowledge that the product would be used by persons other than the purchaser? Was there knowledge that the product would be used without new tests? ,Negligence – based theories Applying MacPherson to our problem, what are the legal issues? As to breach? What are the “untaken precautions”? Mismanufactured? Failure to inspect and discover flaw? Poor design? Failure to warn? ,If the plaintiff’s theory is that the tires that had tread separation were mismanufactured, what are the issues for a negligence cause of action: Was there a flaw in the tires? Can you use res ipsa? Would a reasonable inspection would have revealed the flaw? Would a reasonable manufacturing process have avoided the flaw? Does Ford’s ability to inspect or test mean Firestone had no duty? Is it an intervening cause that absolves Firestone? Does the arguable misuse of the product by consumers give Firestone a complete defense? Does it constitute comparative fault? What is the relevance of arguments that the design of the vehicles contributed to the harm? ,Contract theories: breach of warranty Note 7, p. 545. Note 4. P. 550: § 2-314. Implied Warranty: Merchantability; Usage of Trade.   (1) Unless excluded or modified . . . a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant . . . (2) Goods to be merchantable must be at least such as. . .(c) are fit for the ordinary purposes for which such goods are used ,Ch. 8: Liability for Defective Products Escola v. Coca Cola Bottling Co., Traynor, J. concurring: “ It should now be recognized that a manufacturer incurs an absolute liability when an article that he has placed on the market, knowing that it is to be used without inspection, proves to have a defect that causes injury to a human being.” ,What are the arguments for strict liability in such a case? Traynor, in Escola, p. 547: 1) placing liability “where it will most effectively reduce the hazards … inherent in defective products that reach the market.” 2) shifting the loss to the party who can best insure and spread the loss among users of the product 3) providing “general and constant protection” against a “general and constant risk” 4) liability is in effect strict anyway; res ipsa gets the plaintiff
Views: 561 slide show me
Career Choice Series: Product Liability Defense
 
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http://ambar.org/careers In this segment, our speakers will explore what it’s like to practice in product liability defense. Product liability usually concerns claims of allegedly defective products such as automobiles, furniture, medical devices and drugs, that are claimed to have caused personal injury or death. Holly and Grant defend designers, manufacturers, distributors and sellers of commercial and consumer products. Our speakers will share with you their career paths, provide invaluable insight into what skills you’ll need to break into them, what drew them to their respective niches, the pros and cons, and what a typical day in their practice entails. Speakers: H. Grant Law, Partner, Shook, Hardy & Bacon L.L.P., San Francisco, CA Holly Polglase, Shareholder, Hermes, Netburn, O’Connor & Spearing, P.C., Boston, MA Moderator: Liz Stone, Managing Director, The Dubin Group, San Francisco, CA Sponsored by ABA Legal Career Central, Young Lawyers Division, Law Student Division, and Tort Trial and Insurance Practice Section Connect with ABA Legal Career Central! http://ambar.org/careers https://www.facebook.com/ABALCC/ https://www.linkedin.com/company/aba-legal-career-central https://twitter.com/abalcc https://www.youtube.com/channel/UCgleqg8YUPO-F4Uvwz3eYAA Benefits of Joining the ABA, Benefits of joining the American Bar Association, American Bar Association membership benefits, ABA member benefits, https://www.americanbar.org/, American Bar Association, American Bar association membership, American Bar Association jobs, American Bar Association conference, American Bar Association careers, American Bar Association CLEs, American Bar Association events, American Bar Association webinars, American bar Association job search, American Bar Association purpose, American Bar Association lawyers, American Bar Association training, American Bar Association online CLE, American Bar Association YouTube, American Bar Association seminars, American Bar Association sections, ABA, ABA membership, ABA jobs, ABA conference, ABA careers, ABA CLEs, ABA events, ABA webinars, ABA job search, ABA purpose, ABA lawyers, ABA training, ABA online CLE, ABA YouTube, ABA seminars, ABA sections, American Bar Association Sections, ABA Sections, ABA legal career central, Aba legal career center, American bar association law student division, American bar association young lawyers division, American Bar Association Legal Career Central, American Bar Association Legal Career Center, ABA Young Lawyers Division, ABA Law Student Division, American Bar Association Membership, ABA Membership, training for lawyers, training for attorneys, career fit for attorneys, career fit for lawyers, lawyer training, attorney training, lawyer career advice, attorney career advice, career advice for lawyers, career advice for attorneys, attorney webinars, webinars for attorneys, attorney seminars, seminars for attorneys, attorney conferences, conferences for attorneys, lawyer webinars, webinars for lawyers, lawyer seminars, seminars for lawyers, lawyer conferences, conferences for lawyers, attorney career webinars, career webinars for attorneys, lawyer career webinars, career webinars for lawyers, online CLE for lawyers, online CLE for attorneys, attorney careers, careers for attorneys, careers for lawyers, lawyer careers, American Bar Association career development, ABA career development, ABA Professional Development, American Bar Association professional development, ABA career advice, American Bar Association career advice, defective product cases, product liability cases, strict product liability cases, product liability tort, product liability negligence, product liability lawyer, consumer product attorney, defective products cases, defective car lawyer, list of defective products
Views: 107 ABA Career Center
product liability law explained
 
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Made with Explain Everything
Views: 1455 Peggy Hall
Product Liability Attorney Focused on Helping the Injured Serving Louisville Kentucky
 
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Have you or a loved one been injured by a defective product? Call a Louisville Kentucky attorney. 888-761-7204 http://www.robsheltonlaw.com/product-liability-lawyers/ Partial Transcript: If you are suffering from an injury due to someone elses negligence and don't know where to turn. Attorney Rob Shelton and the Shelton Law Group can help. At the Shelton Law Group we handle all types of product liability cases including manufacturing and design defects. Negligence and breach of warranty. Defective vehicles and parts, unsafe foods, dangerous toys or dangerous drugs and defective medical devices. According to the US consumer product safety commission, almost 30 million people suffer personal injuries each year as a result of dangerous or defective products. Product liability laws allow victims of defective products to sue manufacturers, distributors and vendors for compensation...
Views: 45 Rob Shelton
Torts Strict Liability
 
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Emerson Bar review
Views: 5386 Abacus Inc.
Business Law I: Lecture 3, Chapter 6
 
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Business Law I: Professor Sharma Lecture #3, Chapter 6 Chapter 6: Product and Strict Liability Date: September 26, 2015 Please visit our website at http://raw.rutgers.edu Time Stamps: 2:00 Introduction 4:51 Product Liability: Negligence 6:50 Product Liability: Negligence (cont.) 7:24 Product Liability: Misrepresentation 9:01 Product Liability: Strict Liability 13:02 Product Liability: Strict Liability (cont.) 24:00 Product Defects 25:32 Product Defects (cont.) 25:44 Defect in Manufacture and Design 27:54 Case 6.1: Defect in Manufacture 30:07 Defect in Design 34:00 Defect in Design (cont.) 34:47 Failure to Warn 35:48 Case 6.2: Failure to Warn 38:50 Defect in Packaging 40:06 Other Product Defects 41:26 Defenses to Product Liability 44:00 Defenses to Product Liability (cont.) 46:08 Case 6.3: Supervening Event Summary of Lecture: In this lecture, Professor Sharma discusses the importance of legal theories of product liability, the doctrine of strict liability, defects in manufacture and design, defects of failure to warn and in packaging, and the damages recoverable in a product liability lawsuit. Please subscribe to our channel to get the latest updates on the RU Digital Library. To receive additional updates regarding our library please subscribe to our mailing list using the following link: http://rbx.business.rutgers.edu/subscribe.html