A product recall is frequently treated, in ordinary conversation, as an admission: the company recalled it, so the company must have known it was dangerous. That inference does not survive contact with the evidence rules that actually govern this issue. A recall is not proof that a product was defective, and it is not proof […]
Lithium-ion batteries are used in hundreds of applications, from phones and laptops to e-bikes, scooters, and power tools. While most operate safely throughout their expected lifespan, there have been incidents where these batteries caught fire. When thermal runaway occurs, the consequences may be catastrophic. Fires from lithium-ion batteries may spread rapidly, allowing toxic gases to […]
Regulatory compliance is frequently addressed in catastrophic injury litigation when pharmaceuticals, medical devices, healthcare institutions, transportation systems, industrial operations, and other regulated environments are involved. Defendants may argue that adherence to regulatory requirements demonstrates conduct and counteracts liability. Meanwhile, plaintiffs may contend that compliance with minimum regulatory standards does not resolve the question of liability, […]
Pharmaceutical failure-to-warn litigation revolves around the concern that a drug manufacturer did not adequately communicate a known risk that was associated with the use of its product. In a case of this nature, the patient experiencing a serious complication after taking the medication in question is not enough. The existence of an injury alone does […]
Product liability litigation frequently centers on whether a product was defectively designed, inadequately labeled, or unreasonably dangerous during ordinary use. However, the dispute is not limited to the physical characteristics of the product itself. The analysis also focuses on how real people interact with products under actual conditions rather than idealized assumptions. As such, human […]