Product Liability Cases and the Duty to Warn: A 50 State Compendium

Leading defense lawyers from every state in the United States (plus Washington, D.C. and Canada) discuss and analyze the duty to warn. The author of each state chapter is a seasoned practitioner with significant experience in defending product liability cases and other types of litigation in his or her jurisdiction. Issues addressed with respect to the law of each jurisdiction include: scope of the duty to warn; factors determining adequacy of warning; whether it is always necessary to warn (including open and obvious danger and unavoidably unsafe products); the heeding presumption; defenses available to those within in the chain of distribution; duty of component part manufacturers; learned intermediary doctrine; delegation of the duty to third parties, such as employers; warning the sophisticated user; role of experts; post-sale duty; preemption of duty; whether Restatement (Third) has been adopted.

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  Products Liability Defenses

DRI's latest Defense Library Series release is a concise, practice-oriented compilation and discussion of the law of products liability and the various defenses that can be raised to products actions in each state and other jurisdictions. Each chapter is written by a top lawyer with deep experience defending products actions in his or her jurisdiction. The compendium describes and analyzes the various statutes and judicial decisions that govern products liability in each jurisdiction. In addition to the 50 states, the book covers the District of Columbia, Puerto Rico, Canada, the European Union, and several nations in the Asia/Pacific Rim area. In addition to traditional products defenses, the book analyzes such timely topics as qualification of expert witnesses, spoliation of evidence, punitive damages, and the impact of the Third Restatement of Torts; Products Liability. Products Liability Defenses also contains three specially-commissioned articles that explore in depth the crashworthiness doctrine, the reliability of expert testimony, and electronic discovery in products litigation. Like the earlier editions, the 2007 compendium is an indispensable companion for any lawyer called upon to defend a products liability action. It is an especially valuable reference for those representing manufacturers whose products are distributed in many states and foreign nations.

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