Expert Guides - Product Liability

Just Who is a Member of the Class? “Ascertainability” in US Products-Liability Class-Action Litigation

An important issue with which the US courts are currently grappling in products-liability class-action litigation involves situations in which the named plaintiff (and, presumably, other members of the class that he or she seeks to represent) lacks physical proof, such as a sales receipt,...

23/03/2016 Mary T Yelenick, Norton Rose Fulbright, US

Product liability and the evolving landscape of expert evidence admissibility in Canada

Expert evidence is crucial in almost all Canadian product liability cases.

23/03/2016 Robert B Bell, Lerners, Canada Jameel Madhany, Lerners, Canada

Application for conciliation as a means for suspending the limitation period in product liability cases

In German law there are different ways to achieve a suspension of the limitation period

23/03/2016 Stefan Rützel, Gleiss Lutz, Germany Eric Wagner, Gleiss Lutz, Germany

The Rise of Class Actions “À La Française”

For years, the introduction of a class action mechanism under French law was discussed and delayed due to political and procedural constraints

23/03/2016 Cécile Derycke, Hogan Lovells, France Christine Gateau, Hogan Lovells, France

New High Court authority for failure to warn cases

One of the most interesting cases in 2013 in the product liability space is Wallace v Kam [2013] HCA 19. In Wallace v Kam, the High Court held that a medical practitioner was not liable for physical injury sustained by a patient as a result of an inherent risk materialising in a medical procedure,...

13/05/2015 Amanda Turnill, Baker McKenzie, Australia

Product Liability in Germany

Looking at recent decisions of German courts in the field of Product Liability, two themes are worthwhile to discuss:

(1) Foreseeable misuse in connection with the installation of a product

The German Bundesgerichtshof (Federal Supreme Court) recently decided a case in which the plaintiff had...

01/09/2014 Michael Molitoris, Noerr, Germany

Survey of product liability design defect requirements

In products liability cases, plaintiffs often allege that the product was defectively designed and inherently dangerous. Knowledge of the applicable state law for design defect is critical. The test for whether a product is inherently dangerous has evolved in recent years from the "consumer...

28/04/2014 Christy D Jones, Butler Snow, US Mike McWilliams, Butler Snow, US Ashonti Davis, Butler Snow, US Margaret Smith, Butler Snow, US

Shifting fortunes in product liability class actions in Canada

During the relatively short history of class proceedings in Canada, manufacturers of products have found themselves at the receiving end of a significant number of class action claims. To date, the main battleground in respect of these claims has been the certification motion. Overall, the...

01/03/2014 Peter J Pliszka, Fasken Martineau, Canada

Legal and ethical issues with the use of unlicensed medicines

In the current climate of austerity, the NHS is seeking ways to contain costs of treatment. A particularly effective way is the substitution of expensive medicines with either generic formulations when available in the market place or other sometimes older pharmacologically similar products which...

01/03/2014 Peter Feldschreiber, 4 New Square, United Kingdom

Product liability for suspected defects? Landmark ruling by ECJ awaited

The German Federal Court of Justice (Bundesgerichtshof - BGH) has referred to the European Court of Justice (ECJ) the question as to whether producers can be held liable for suspected defects.

The ruling of the ECJ on this question might influence many rulings on product liability law. The question...

01/03/2014 Ina Brock, Hogan Lovells, Germany

The worrying changing face of French product liability law

Historically product liability arose from case law based on the general law of obligations, in particular, civil tort liability. It implied a fault of the manufacturer or distributor in the design or manufacture of the product, a loss, most of the time bodily injury, and a causal link between the...

01/03/2014 Thomas Rouhette, Hogan Lovells, France Sylvie Gallage-Alwis, Hogan Lovells, France

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