New York attorney Lisa M. Nousek is a partner with Boies, Schiller & Flexner LLP in Armonk, New York. In her leadership role with the firm, Lisa M. Nousek focuses her practice on product liability litigation.
Attorney Lisa M. Nousek is a partner at Boies, Schiller & Flexner, LLP, in Armonk, New York. Having joined the firm in 2006, Lisa M. Nousek focuses on product liability litigation and other forms of complex civil litigation.
A Chicago, Illinois resident, Robert Heist, an experienced attorney, graduated from the University of Illinois and holds a Juris Doctor degree. Robert Heist currently serves as the president of R. Connor & Associates, PC. At the firm, he oversees cases in a variety of areas; one of those areas is product liability.
Product liability is a branch of law that deals with defective products that may cause harm. It involves a set of rules that all manufacturers must comply with to deliver quality goods and products that consumers can use safely. If a defective product harms a person due to a manufacturer's mistake, the affected individual can receive compensation.
There are three types of defects: design, manufacturing, and marketing. Design defects occur when products have been poorly designed or constructed and pose a hazard to consumers. Manufacturing defects are present in products that have been built or assembled incorrectly and, as a result, cause harm or risk when used. These do not represent a design mistake as these errors affect only a few items from the total produced. Finally, marketing defects occur when the manufacturers or producers fail to label the product correctly and add all the necessary information to use it safely.
Business Protection from Product Liability ClaimsScott Haworth
Scott Haworth is a defense attorney and managing partner at Haworth Coleman & Gerstman, LLC, a trial and litigation law firm that serves manufacturers, retailers, insurance carriers, and other corporate interests.
LS311 Business LawWeek 3 - Strict Liability, Product Liabilit.docxsmile790243
LS311: Business Law
Week 3 - Strict Liability, Product Liability and ALTERNATIVE DISPUTE RESOLUTION
Torts & Cybertorts
Negligence
A person injured by a defective product may sue by alleging and proving:
The defendant breached a duty of due care to the plaintiff that caused the plaintiff’s injuries.
In a negligence lawsuit, only a party who was actually negligent is liable to the plaintiff.
Negligence
Consumers can recover damages from the manufacturer of the product even though (s)he was only in privity of contract with the retailer
Tort Liability - Misrepresentation
Failure to exercise due care includes:
Failing to assemble the product carefully.
Negligent product design.
Negligent inspection or testing of the product.
Negligent packaging.
Failure to warn of the dangerous propensities of the product.
Seller or lessor fraudulently misrepresents the quality of a product, or conceals a defect in it
Recovery limited to persons injured because they relied on the misrepresentation.
Strict Liability
Defendant’s liability is without regard to:
Fault.
Foreseeability.
Standard of Care.
Causation.
Liability is based on creation of extraordinary risk.
Defendants will be held strictly liable for an “abnormally dangerous activity” if:
Activity involves serious potential harm;
Activity involves high degree of risk that cannot be made safe; and
Activity is not commonly performed in the community or area.
Abnormally Dangerous Activities
6
Wild Animals
Persons who keep wild animals are strictly liable for injuries caused by the creatures.
Persons who keep domestic animals are liable if the owner knew or should have known that animal was dangerous.
7
Product Liability
Product Liability is not a new tort.
Liability can be based on:
Negligence;
Misrepresentation; or
Strict Liability;
Warranty Theory.
8
Product Liability (Negligence)
Negligence-based product liability is based on a manufacturer’s breach of the reasonable standard of care and failing to make a product safe.
9
Product Liability (Negligence)
Manufacturer must exercise “due care” in:
Designing products;
Manufacturing and Assembling Products;
Inspecting and Testing Products; and
Placing adequate warning labels.
10
Product Liability (Negligence)
Manufacturers who violate state or federal law in the manufacture or labeling of a product, may be negligent per se.
No privity of contract required between Plaintiff and Manufacturer.
Liability extends to any person’s injuries caused by a negligently made (defective) product.
11
Product Liability (Misrepresentation)
Occurs when fraud committed against consumer or user of product.
Fraud must have been made knowingly or with reckless disregard for safety.
Plaintiff does not have to show product was defective.
12
Strict Product Liability
Manufacturers liable without regard to fault based on public policy:
Consumers must be protected from unsafe products;
Manuf ...
Part III Business and SocietyChapter 6 Consumers.docxdanhaley45372
Part III: Business and Society
Chapter 6: Consumers
Chapter 7: The Environment
*
This multimedia product and its contents are protected under copyright law. The following are prohibited by law:
• any public performance or display, including transmission of any image over a network;
• preparation of any derivative work, including the extraction, in whole or in part, of any images;
• any rental, lease, or lending of the program.
Chapter Six:
Consumers
*
*
OverviewChapter Six examines the following topics:Product safety, legal liability, and regulationResponsibilities of business to consumers concerning product quality, prices, labeling, and packagingDeceptive advertising and the FTC“Reasonable” vs. “ignorant” consumer standardsThe social desirability of advertising, free speech, and consumer needs
Moral Issues in Business
Chapter 6
*
IntroductionWith the sale of goods to the public comes responsibility on the part of the manufacturer and advertiser. Government has some responsibility to protect the public from hazardous or mislabeled goods. What responsibilities do companies have toward their consumers? How can goods be promoted while respecting the choices of individuals?
Moral Issues in Business
Chapter 6
*
“Wigand revealed in a 60 Minutes interview that his employer knew nicotine was addictive and intentionally manipulated the tobacco content of its cigarettes to increase the amount of nicotine they delivered.”
*
Product SafetyBusiness’s general responsibility for product safety: The complexity of an advanced economy and the necessary dependence of consumers on business to satisfy their many wants increase business’s responsibility for product safety.
Moral Issues in Business
Chapter 6
*
Product SafetyThe legal liability of manufacturers: The 1916 MacPherson vs. Buick Motor Car case expanded the liability of manufacturers for injuries caused by defective products. Prior to that case, consumers could recover damages only from the retailer of the defective product. The MacPherson case replaced the older caveat emptor (“let the buyer beware”) doctrine of consumer-seller relationship with a due care one.
Moral Issues in Business
Chapter 6
*
Product SafetyStrict product liability: The MacPherson case still left the injured consumer with the burden of proving that the manufacturer had been negligent.Negligence is difficult to prove.A product might be unsafe despite the manufacturer’s having tried to exercise caution.
Moral Issues in Business
Chapter 6
*
Product SafetyStrict product liability: In the 1960s, legal thinking became dominated by the doctrine of strict product liability, based on:Henningsen vs. Bloomfield Motors (1960)Greenman vs. Yuba Power Products (1963) This holds the manufacturer responsible for injuries suffered as a result of defects in the product, regardless of whether the manufacturer was negligent.
Moral Issues in Business
Chapter 6
*
.
Chapter Twelve Product and Service Liability LawWhen consumers ent.docxmccormicknadine86
Chapter Twelve Product and Service Liability Law
When consumers enter a store to purchase a product, they assume that the product will do the job the manufacturer claims it will do without injuring anyone, and the consumer may not be aware that each year more than 33.4 million injuries and around 28,200 deaths result from the use of products purchased in the United States.1 Deaths, injuries, and property damage from consumer products incidents cost the nation more than $700 billion annually.2 Estimates of the number of resultant product liability cases range as high as 1 million a year. Also, the verdicts for defective-product or product liability cases are increasing from year to year. The total of the five largest awards for product defect cases in 2009 was 52 percent larger than the total in 2008. In fact, the largest award from a 2009 product defect case amounted to around $300 million, from the Philip Morris tobacco case. Also, in 2008, only 1 of the 50 largest awards were the result of a verdict in a product defect case, but in 2009, 5 of the 50 largest judgments were awarded in product defect cases.3
1 U.S. Department of Safety, http://www.yourlegalguide.com/defective-product-deaths/.
2 U.S. Consumer Product Safety Commission, www.cpsc.gov/about/about.html (accessed July 27, 2007).
3 John Cord, Product Liability Statistics & Trends, 2010. http://www.drugrecalllawyerblog.com /2010/01/product_liability_statistics_t.html.
Consequently, today’s businessperson is likely to become involved in some aspect of product liability litigation. This chapter discusses the most significant aspects of this area of law, known as product liability, to help the student function as a prudent consumer and businessperson.
Product liability law developed out of tort law, discussed in Chapter 10. This chapter begins by introducing the three primary theories of recovery in product liability cases and the defenses raised in such cases. These sections are followed by an introduction to enterprise liability, a concept that has slightly broadened the potential reach of product liability cases. Closely related to product liability is service liability, discussed in the next-to-last section. The final section discusses global implications of product liability law.Critical Thinking About The Law
Manufacturers owe a certain responsibility to consumers. Consumers should be able to reasonably use a product without its causing harm to them or others. After you read the following scenario, answer the critical thinking questions that will enhance your thinking about product liability law.
Katherine purchased a can of hair spray from her local drugstore. When she removed the cap from the hair spray can, the can exploded in her hands. She suffered third-degree burns on her hands and face and was unable to work for three months.
Katherine sued the hair spray manufacturer after she discovered that another woman had suffered an identical accident when using the same brand of hai ...
Chapter Twelve Product and Service Liability LawWhen consumers ent.docxbissacr
Chapter Twelve Product and Service Liability Law
When consumers enter a store to purchase a product, they assume that the product will do the job the manufacturer claims it will do without injuring anyone, and the consumer may not be aware that each year more than 33.4 million injuries and around 28,200 deaths result from the use of products purchased in the United States.1 Deaths, injuries, and property damage from consumer products incidents cost the nation more than $700 billion annually.2 Estimates of the number of resultant product liability cases range as high as 1 million a year. Also, the verdicts for defective-product or product liability cases are increasing from year to year. The total of the five largest awards for product defect cases in 2009 was 52 percent larger than the total in 2008. In fact, the largest award from a 2009 product defect case amounted to around $300 million, from the Philip Morris tobacco case. Also, in 2008, only 1 of the 50 largest awards were the result of a verdict in a product defect case, but in 2009, 5 of the 50 largest judgments were awarded in product defect cases.3
1 U.S. Department of Safety, http://www.yourlegalguide.com/defective-product-deaths/.
2 U.S. Consumer Product Safety Commission, www.cpsc.gov/about/about.html (accessed July 27, 2007).
3 John Cord, Product Liability Statistics & Trends, 2010. http://www.drugrecalllawyerblog.com /2010/01/product_liability_statistics_t.html.
Consequently, today’s businessperson is likely to become involved in some aspect of product liability litigation. This chapter discusses the most significant aspects of this area of law, known as product liability, to help the student function as a prudent consumer and businessperson.
Product liability law developed out of tort law, discussed in Chapter 10. This chapter begins by introducing the three primary theories of recovery in product liability cases and the defenses raised in such cases. These sections are followed by an introduction to enterprise liability, a concept that has slightly broadened the potential reach of product liability cases. Closely related to product liability is service liability, discussed in the next-to-last section. The final section discusses global implications of product liability law.Critical Thinking About The Law
Manufacturers owe a certain responsibility to consumers. Consumers should be able to reasonably use a product without its causing harm to them or others. After you read the following scenario, answer the critical thinking questions that will enhance your thinking about product liability law.
Katherine purchased a can of hair spray from her local drugstore. When she removed the cap from the hair spray can, the can exploded in her hands. She suffered third-degree burns on her hands and face and was unable to work for three months.
Katherine sued the hair spray manufacturer after she discovered that another woman had suffered an identical accident when using the same brand of hai.
Makers of fitness products (videos, equipment, etc.) should be required to demonstrate that their products are safe and effective; that is, that the products can do what their makers claim before the products are allowed on the market.
Understanding Strict Liability in Defective Product CasesLisa M. Nousek
As a partner with Boies, Schiller & Flexner, LLP, in New York, Lisa M. Nousek provides counsel in complex civil litigation cases. Lisa M. Nousek has experience in product liability cases that involve “strict” liability.
Strict liability means that the defendant’s behavior does not matter in injury or fault. It counters many types of cases involving personal injury. Usually, the defendant's conduct relative to the incident is essential to the defense. For example, when a vehicle accident lawsuit arises, the attorney must demonstrate that the defendant did something or failed to do something in a way that constituted negligence.
CHAPTER 6 ETHICS OF CONSUMER PRODUCTION AND MARKETINGsejalanand147
**Ethics and Environment**
Discover the critical intersection of ETHICS OF CONSUMER PRODUCTION AND MARKETING responsibility in this comprehensive presentation. Topics include sustainable development, corporate environmental ethics, green business practices, and the ethical implications of environmental policies. Ideal for professionals, academics, and anyone interested in understanding how ethical considerations drive environmental stewardship and sustainable practices.
Three of the Health Benefits Produced by Horseback RidingLisa M. Nousek
As a partner at Boies, Schiller & Flexner, LLP, attorney Lisa M. Nousek concentrates in the area of commercial law, and she has represented clients ranging from startup companies to Fortune 100 entities. Away from her professional responsibilities, Lisa M. Nousek enjoys caring for her horses and trail riding.
Litigating complicated civil cases, Lisa M. Nousek has been a partner with Boies, Schiller & Flexner, LLP, in Armonk, New York for more than 10 years. A magna cum laude JD graduate of the University of Virginia School of Law, Lisa M. Nousek is a member of the Federal Bar Association.
More Related Content
Similar to An Introduction to Product Liability Law
Attorney Lisa M. Nousek is a partner at Boies, Schiller & Flexner, LLP, in Armonk, New York. Having joined the firm in 2006, Lisa M. Nousek focuses on product liability litigation and other forms of complex civil litigation.
A Chicago, Illinois resident, Robert Heist, an experienced attorney, graduated from the University of Illinois and holds a Juris Doctor degree. Robert Heist currently serves as the president of R. Connor & Associates, PC. At the firm, he oversees cases in a variety of areas; one of those areas is product liability.
Product liability is a branch of law that deals with defective products that may cause harm. It involves a set of rules that all manufacturers must comply with to deliver quality goods and products that consumers can use safely. If a defective product harms a person due to a manufacturer's mistake, the affected individual can receive compensation.
There are three types of defects: design, manufacturing, and marketing. Design defects occur when products have been poorly designed or constructed and pose a hazard to consumers. Manufacturing defects are present in products that have been built or assembled incorrectly and, as a result, cause harm or risk when used. These do not represent a design mistake as these errors affect only a few items from the total produced. Finally, marketing defects occur when the manufacturers or producers fail to label the product correctly and add all the necessary information to use it safely.
Business Protection from Product Liability ClaimsScott Haworth
Scott Haworth is a defense attorney and managing partner at Haworth Coleman & Gerstman, LLC, a trial and litigation law firm that serves manufacturers, retailers, insurance carriers, and other corporate interests.
LS311 Business LawWeek 3 - Strict Liability, Product Liabilit.docxsmile790243
LS311: Business Law
Week 3 - Strict Liability, Product Liability and ALTERNATIVE DISPUTE RESOLUTION
Torts & Cybertorts
Negligence
A person injured by a defective product may sue by alleging and proving:
The defendant breached a duty of due care to the plaintiff that caused the plaintiff’s injuries.
In a negligence lawsuit, only a party who was actually negligent is liable to the plaintiff.
Negligence
Consumers can recover damages from the manufacturer of the product even though (s)he was only in privity of contract with the retailer
Tort Liability - Misrepresentation
Failure to exercise due care includes:
Failing to assemble the product carefully.
Negligent product design.
Negligent inspection or testing of the product.
Negligent packaging.
Failure to warn of the dangerous propensities of the product.
Seller or lessor fraudulently misrepresents the quality of a product, or conceals a defect in it
Recovery limited to persons injured because they relied on the misrepresentation.
Strict Liability
Defendant’s liability is without regard to:
Fault.
Foreseeability.
Standard of Care.
Causation.
Liability is based on creation of extraordinary risk.
Defendants will be held strictly liable for an “abnormally dangerous activity” if:
Activity involves serious potential harm;
Activity involves high degree of risk that cannot be made safe; and
Activity is not commonly performed in the community or area.
Abnormally Dangerous Activities
6
Wild Animals
Persons who keep wild animals are strictly liable for injuries caused by the creatures.
Persons who keep domestic animals are liable if the owner knew or should have known that animal was dangerous.
7
Product Liability
Product Liability is not a new tort.
Liability can be based on:
Negligence;
Misrepresentation; or
Strict Liability;
Warranty Theory.
8
Product Liability (Negligence)
Negligence-based product liability is based on a manufacturer’s breach of the reasonable standard of care and failing to make a product safe.
9
Product Liability (Negligence)
Manufacturer must exercise “due care” in:
Designing products;
Manufacturing and Assembling Products;
Inspecting and Testing Products; and
Placing adequate warning labels.
10
Product Liability (Negligence)
Manufacturers who violate state or federal law in the manufacture or labeling of a product, may be negligent per se.
No privity of contract required between Plaintiff and Manufacturer.
Liability extends to any person’s injuries caused by a negligently made (defective) product.
11
Product Liability (Misrepresentation)
Occurs when fraud committed against consumer or user of product.
Fraud must have been made knowingly or with reckless disregard for safety.
Plaintiff does not have to show product was defective.
12
Strict Product Liability
Manufacturers liable without regard to fault based on public policy:
Consumers must be protected from unsafe products;
Manuf ...
Part III Business and SocietyChapter 6 Consumers.docxdanhaley45372
Part III: Business and Society
Chapter 6: Consumers
Chapter 7: The Environment
*
This multimedia product and its contents are protected under copyright law. The following are prohibited by law:
• any public performance or display, including transmission of any image over a network;
• preparation of any derivative work, including the extraction, in whole or in part, of any images;
• any rental, lease, or lending of the program.
Chapter Six:
Consumers
*
*
OverviewChapter Six examines the following topics:Product safety, legal liability, and regulationResponsibilities of business to consumers concerning product quality, prices, labeling, and packagingDeceptive advertising and the FTC“Reasonable” vs. “ignorant” consumer standardsThe social desirability of advertising, free speech, and consumer needs
Moral Issues in Business
Chapter 6
*
IntroductionWith the sale of goods to the public comes responsibility on the part of the manufacturer and advertiser. Government has some responsibility to protect the public from hazardous or mislabeled goods. What responsibilities do companies have toward their consumers? How can goods be promoted while respecting the choices of individuals?
Moral Issues in Business
Chapter 6
*
“Wigand revealed in a 60 Minutes interview that his employer knew nicotine was addictive and intentionally manipulated the tobacco content of its cigarettes to increase the amount of nicotine they delivered.”
*
Product SafetyBusiness’s general responsibility for product safety: The complexity of an advanced economy and the necessary dependence of consumers on business to satisfy their many wants increase business’s responsibility for product safety.
Moral Issues in Business
Chapter 6
*
Product SafetyThe legal liability of manufacturers: The 1916 MacPherson vs. Buick Motor Car case expanded the liability of manufacturers for injuries caused by defective products. Prior to that case, consumers could recover damages only from the retailer of the defective product. The MacPherson case replaced the older caveat emptor (“let the buyer beware”) doctrine of consumer-seller relationship with a due care one.
Moral Issues in Business
Chapter 6
*
Product SafetyStrict product liability: The MacPherson case still left the injured consumer with the burden of proving that the manufacturer had been negligent.Negligence is difficult to prove.A product might be unsafe despite the manufacturer’s having tried to exercise caution.
Moral Issues in Business
Chapter 6
*
Product SafetyStrict product liability: In the 1960s, legal thinking became dominated by the doctrine of strict product liability, based on:Henningsen vs. Bloomfield Motors (1960)Greenman vs. Yuba Power Products (1963) This holds the manufacturer responsible for injuries suffered as a result of defects in the product, regardless of whether the manufacturer was negligent.
Moral Issues in Business
Chapter 6
*
.
Chapter Twelve Product and Service Liability LawWhen consumers ent.docxmccormicknadine86
Chapter Twelve Product and Service Liability Law
When consumers enter a store to purchase a product, they assume that the product will do the job the manufacturer claims it will do without injuring anyone, and the consumer may not be aware that each year more than 33.4 million injuries and around 28,200 deaths result from the use of products purchased in the United States.1 Deaths, injuries, and property damage from consumer products incidents cost the nation more than $700 billion annually.2 Estimates of the number of resultant product liability cases range as high as 1 million a year. Also, the verdicts for defective-product or product liability cases are increasing from year to year. The total of the five largest awards for product defect cases in 2009 was 52 percent larger than the total in 2008. In fact, the largest award from a 2009 product defect case amounted to around $300 million, from the Philip Morris tobacco case. Also, in 2008, only 1 of the 50 largest awards were the result of a verdict in a product defect case, but in 2009, 5 of the 50 largest judgments were awarded in product defect cases.3
1 U.S. Department of Safety, http://www.yourlegalguide.com/defective-product-deaths/.
2 U.S. Consumer Product Safety Commission, www.cpsc.gov/about/about.html (accessed July 27, 2007).
3 John Cord, Product Liability Statistics & Trends, 2010. http://www.drugrecalllawyerblog.com /2010/01/product_liability_statistics_t.html.
Consequently, today’s businessperson is likely to become involved in some aspect of product liability litigation. This chapter discusses the most significant aspects of this area of law, known as product liability, to help the student function as a prudent consumer and businessperson.
Product liability law developed out of tort law, discussed in Chapter 10. This chapter begins by introducing the three primary theories of recovery in product liability cases and the defenses raised in such cases. These sections are followed by an introduction to enterprise liability, a concept that has slightly broadened the potential reach of product liability cases. Closely related to product liability is service liability, discussed in the next-to-last section. The final section discusses global implications of product liability law.Critical Thinking About The Law
Manufacturers owe a certain responsibility to consumers. Consumers should be able to reasonably use a product without its causing harm to them or others. After you read the following scenario, answer the critical thinking questions that will enhance your thinking about product liability law.
Katherine purchased a can of hair spray from her local drugstore. When she removed the cap from the hair spray can, the can exploded in her hands. She suffered third-degree burns on her hands and face and was unable to work for three months.
Katherine sued the hair spray manufacturer after she discovered that another woman had suffered an identical accident when using the same brand of hai ...
Chapter Twelve Product and Service Liability LawWhen consumers ent.docxbissacr
Chapter Twelve Product and Service Liability Law
When consumers enter a store to purchase a product, they assume that the product will do the job the manufacturer claims it will do without injuring anyone, and the consumer may not be aware that each year more than 33.4 million injuries and around 28,200 deaths result from the use of products purchased in the United States.1 Deaths, injuries, and property damage from consumer products incidents cost the nation more than $700 billion annually.2 Estimates of the number of resultant product liability cases range as high as 1 million a year. Also, the verdicts for defective-product or product liability cases are increasing from year to year. The total of the five largest awards for product defect cases in 2009 was 52 percent larger than the total in 2008. In fact, the largest award from a 2009 product defect case amounted to around $300 million, from the Philip Morris tobacco case. Also, in 2008, only 1 of the 50 largest awards were the result of a verdict in a product defect case, but in 2009, 5 of the 50 largest judgments were awarded in product defect cases.3
1 U.S. Department of Safety, http://www.yourlegalguide.com/defective-product-deaths/.
2 U.S. Consumer Product Safety Commission, www.cpsc.gov/about/about.html (accessed July 27, 2007).
3 John Cord, Product Liability Statistics & Trends, 2010. http://www.drugrecalllawyerblog.com /2010/01/product_liability_statistics_t.html.
Consequently, today’s businessperson is likely to become involved in some aspect of product liability litigation. This chapter discusses the most significant aspects of this area of law, known as product liability, to help the student function as a prudent consumer and businessperson.
Product liability law developed out of tort law, discussed in Chapter 10. This chapter begins by introducing the three primary theories of recovery in product liability cases and the defenses raised in such cases. These sections are followed by an introduction to enterprise liability, a concept that has slightly broadened the potential reach of product liability cases. Closely related to product liability is service liability, discussed in the next-to-last section. The final section discusses global implications of product liability law.Critical Thinking About The Law
Manufacturers owe a certain responsibility to consumers. Consumers should be able to reasonably use a product without its causing harm to them or others. After you read the following scenario, answer the critical thinking questions that will enhance your thinking about product liability law.
Katherine purchased a can of hair spray from her local drugstore. When she removed the cap from the hair spray can, the can exploded in her hands. She suffered third-degree burns on her hands and face and was unable to work for three months.
Katherine sued the hair spray manufacturer after she discovered that another woman had suffered an identical accident when using the same brand of hai.
Makers of fitness products (videos, equipment, etc.) should be required to demonstrate that their products are safe and effective; that is, that the products can do what their makers claim before the products are allowed on the market.
Understanding Strict Liability in Defective Product CasesLisa M. Nousek
As a partner with Boies, Schiller & Flexner, LLP, in New York, Lisa M. Nousek provides counsel in complex civil litigation cases. Lisa M. Nousek has experience in product liability cases that involve “strict” liability.
Strict liability means that the defendant’s behavior does not matter in injury or fault. It counters many types of cases involving personal injury. Usually, the defendant's conduct relative to the incident is essential to the defense. For example, when a vehicle accident lawsuit arises, the attorney must demonstrate that the defendant did something or failed to do something in a way that constituted negligence.
CHAPTER 6 ETHICS OF CONSUMER PRODUCTION AND MARKETINGsejalanand147
**Ethics and Environment**
Discover the critical intersection of ETHICS OF CONSUMER PRODUCTION AND MARKETING responsibility in this comprehensive presentation. Topics include sustainable development, corporate environmental ethics, green business practices, and the ethical implications of environmental policies. Ideal for professionals, academics, and anyone interested in understanding how ethical considerations drive environmental stewardship and sustainable practices.
Similar to An Introduction to Product Liability Law (20)
Three of the Health Benefits Produced by Horseback RidingLisa M. Nousek
As a partner at Boies, Schiller & Flexner, LLP, attorney Lisa M. Nousek concentrates in the area of commercial law, and she has represented clients ranging from startup companies to Fortune 100 entities. Away from her professional responsibilities, Lisa M. Nousek enjoys caring for her horses and trail riding.
Litigating complicated civil cases, Lisa M. Nousek has been a partner with Boies, Schiller & Flexner, LLP, in Armonk, New York for more than 10 years. A magna cum laude JD graduate of the University of Virginia School of Law, Lisa M. Nousek is a member of the Federal Bar Association.
As a partner at Boies, Schiller & Flexner LLP, Lisa M. Nousek has worked with cases and clients in state and federal courts. When she is not busy with her professional responsibilities, Lisa M. Nousek supports Cat Assistance, a charitable organization that focuses on assisting cats whose owners have had to relinquish them due to personal circumstances.
The Polo Training Foundation - Florida Junior Polo ProgramLisa M. Nousek
A graduate of the University of Virginia School of Law, Lisa M. Nousek serves as a partner at Boies, Schiller & Flexner LLP. Outside of practicing law, Lisa M. Nousek contributes to the Polo Training Foundation (PTF), which supports youth training through the Florida Junior Polo program.
The Oblong Trail Association Opens Land to Walkers and EquestriansLisa M. Nousek
Attorney Lisa M. Nousek , a partner with Boies, Schiller and Flexner in Armonk, New York, is experienced in product liability and trial law. When not engaged in professional activities, Lisa M. Nousek enjoys the beautiful scenery of Upstate New York while riding one of her horses. As a member of the Oblong Trail Association, she joins with others who desire to conserve, preserve, and enjoy open spaces.
Prior to becoming an attorney in the field of civil litigation, Lisa M. Nousek attended the University Of Virginia School of Law in Charlottesville, Virginia, where she earned a juris doctor in 2005. Lisa Nousek also attended Harvard College, receiving a bachelor of arts degree in earth & planetary sciences.
Boise, Schiller & Flexner, LLP, partner Lisa M. Nousek is a seasoned lawyer specializing in complex civil litigation and has successfully represented clients in state, federal, and appellate courts. Outside of work, Lisa M. Nousek enjoys playing polo and is a supporter of the Polo Training Foundation (PTF).
An attorney in New York, where she handles commercial litigation, Lisa M. Nousek currently serves as a partner with Boies, Schiller & Flexner, LLP. Alongside her career, Lisa M. Nousek enjoys riding horses and maintains membership in the Oblong Trail Association (OTA).
Practice Resources of the New York State Bar AssociationLisa M. Nousek
An alumna of the University of Virginia School of Law, Lisa M. Nousek is a partner at Boies, Schiller & Flexner LLP, where she has been employed since 2006. A recognized Rising Star in the New York metropolitan area and an experienced commercial liability attorney, Lisa M. Nousek is a member of the New York State Bar Association (NYSBA).
DNA Testing in Civil and Criminal Matters.pptxpatrons legal
Get insights into DNA testing and its application in civil and criminal matters. Find out how it contributes to fair and accurate legal proceedings. For more information: https://www.patronslegal.com/criminal-litigation.html
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
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Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
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INTRODUCTION
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Introduction-
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These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
2. Introduction
New York attorney Lisa M. Nousek is a partner with
Boies, Schiller & Flexner LLP in Armonk, New York.
In her leadership role with the firm, Lisa M. Nousek
focuses her practice on product liability litigation.
Product liability litigation typically occurs when
products available for sale to the public cause harm
to consumers. Because product manufacturers have
a legal obligation to ensure that their products are
free of defects, defective products that cause harm
may bring about lawsuits. Common product defects
include design defects, which centers on the
fundamental design of the product before it is even
manufactured.
3. Product Liability Law
Manufacturing defects can result in harmful products in
spite of sound design, while marketing defects involve a
failure to warn the public about dangers of a product.
When pursuing product liability litigation, plaintiffs often
focus on negligence exhibited by the product
manufacturer. Manufacturers may also be found guilty of
misrepresentation, a common consequence of marketing
defects. In terms of legal defense, defendants may argue
that plaintiffs have not made an adequate connection
between the supplier and the product responsible for
injury. If plaintiffs alter the product after it leaves
manufacturer control, they may forfeit their right to claim
damages.