An individual sues a lawnmower manufacturer for personal injury sustained when the blade catches a rock and propels it from underneath the mower, striking his leg.  He claims that the mower was defectively designed.

A person with an adverse reaction to a drug sues several drug companies and drug industry trade associations.  She claims that her disease was proximately caused by the defendants' alleged failure to warn her of the dangers of the drug.

The state sues a building contractor, claiming negligence in the builder's use of asbestos insulation in buildings constructed more than a decade ago.

Each of these cases involves distinct fact situations, legal theories, evidentiary concerns and defenses, but they all have a common thread: they can all be grouped under the umbrella term of 'products liability'.

Products liability consists of numerous theories of recovery which can be brought singly or in any combination.  These causes of action include negligence, strict liability, breach of express warranty, breach of implied warranty, and in limited situations, absolute liability.  Each theory has its own distinct elements that a plaintiff must establish in order to recover; similarly, each theory has its own defenses.

In most cases such as the lawnmower and drug cases described above, damages sought are for personal injury.  In limited situations, such as the asbestos insulation case, damages for economic loss are also available. In certain cases, punitive damages can be awarded.

Representing a plaintiff or a defendant in a product liability suit involves the same processes as other litigation, with heavy emphasis on the discovery phase of the litigation - - - interrogatories, requests for production of documents . . . and, of course: depositions.  The plaintiff will use the discovery devices available to obtain information on the process the manufacturer utilized in designing, testing and marketing its allegedly defective product which is the subject of the litigation.

The amount and detail of other instances of injuries or complaints about the product will also be explored by the plaintiff during this discovery phase.   Conversely, the defendant will often focus on the plaintiff's actions, trying to determine the details surrounding the accident or illness in an effort to identify alternative causes of the injury, misuses or modifications of the product which would alleviate the manufacturer's liability, and other information relevant to the suit.

During this litigation process the attorneys for both parties must also educate themselves thoroughly on the technical aspects of the product involved.  In the lawnmower case, for example, both attorneys will need to ascertain whether a safer design could have been utilized.  This, in turn, will require a fairly sophisticated understanding of the engineering of lawnmowers.

While having a technical background is certainly an asset to product liability litigation, most product liability attorneys educate themselves in the technical aspects of the various products which they handle.  In this respect, expert witnesses and consultants, as well as technical manuals and reference guides, play a critical role in the attorney's self-education and the development of overall case strategy.

Don't hesitate. If you or a loved one has been injured, or if someone you care about or loved suffered a wrongful death because of a defective product . . . pick up your telephone and call D. RICHARD ROSEMAN LAW OFFICES.  The initial consultation is free.  Your peace of mind, and the rest of your life . . . may be at stake.