Product liability, litigations in india and class


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Product liability, litigations in india and class

  1. 1. Product liability, litigations in India and class action suits in usa.<br />1<br />By:<br />VISHESH KUMAR, NISHANK, RAKESH, SIDDHANT.<br />
  2. 2. Objectives.<br />What is product liability.<br />Theory of product liability.<br />Types of product liability.<br />What is litigation<br />Types of litigations.<br />What is class action suits<br />Advantages of CAS.<br />2<br />
  3. 3. What is product liability.<br />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.<br />3<br />
  4. 4. Theories of liability.<br />The claims most commonly associated with product liability are negligence, strict liability, breach of warranty, and various consumer protection claims. The majority of product liability laws are determined at the state level and vary widely from state to state. Each type of product liability claim requires different elements to be proven to present a successful claim.<br />4<br />
  5. 5. Types of liability.<br />The law that governs liability is according to the Article 2(a)(b) of the Hague conference on 1973.<br />Manufacturing defect,<br />Design defect,<br />A failure to warn (also known as marketing defects).<br />5<br />
  6. 6. Public Interest Litigation In India<br />PIL can be defined as-<br />The law intended for the protection of public interest. It is litigation introduced in a court of law, not by the aggrieved party but by the court itself or by any other private party<br />6<br />
  7. 7. Procedure to file a PIL.<br />In high court two copies of the petition has to be filed.<br />In supreme court five sets of petition has to be filed.<br />Court fee of Rs.50 per respondent has to be affixed on the petition.<br />Proceedings carry on in the same manner as in other cases.<br />7<br />
  8. 8. Types to relief for litigations<br />Interim Measures.<br />Appointing a Committee.<br />Final Orders.<br />A writ can also be treated as a litigation.<br />(In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs and subpoenas are types of writs)<br />8<br />
  9. 9. What is Class action suits<br />A class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. <br />collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon<br />9<br />
  10. 10. The United States federal courts, class actions are governed by Federal Rules of Civil ProcedureRule 23 and 28 U.S.C.A. § 1332 (d).<br />Class action lawsuits may be brought in federal court if the claim arises under federal law, or if the claim falls under 28 USCA § 1332 (d). Under § 1332 (d).<br /> (2) the federal district courts have original jurisdiction over any civil action where the amount in controversy exceeds $5,000,000 and either 1. any member of a class of plaintiffs is a citizen of a State different from any defendant; 2. any member of a class of plaintiffs is a foreign state or a citizen or subject of a foreign state and any defendant is a citizen of a State; or 3. any member of a class of plaintiffs is a citizen of a State and any defendant is a foreign state or a citizen or subject of a foreign state.<br />10<br />
  11. 11. History of Class Action suits<br />The ancestor of the class action was what modern observers call "group litigation," which appears to have been quite common in medieval England from about 1200 onward.<br />These lawsuits involved groups of people either suing or being sued in actions at common law. <br />11<br />
  12. 12. Advantages of Class Action Suits<br /> Aggregation can increase the efficiency of the legal process, and lower the costs of litigation.<br />A class action may overcome "the problem that small recoveries do not provide the incentive for any individual to bring a solo action prosecuting his or her rights.<br />Third, class action cases may be brought to purposely change behaviour of a class of which the defendant is a member<br />12<br />
  13. 13. Thank you.<br />13<br />