Product Liability Litigation Practice Co-Chairs Walt Cofer and Alicia Donahue have authored a primer on U.S. product liability law and developments for Lexology Navigator. The question-and-answer format offers a brief history of product liability in the United States along with an explanation of the current legal framework for regulation, enforcement and litigation. A "tireless legal research assistant with a global reach," Lexology Navigator offers a comparative look at laws around the world on a variety of subjects.
Cofer and Donahue's summary offers answers to several questions, including:
- Can a defendant be held criminally liable for defective products?
- What is the procedure for filing a product liability claim before the courts in your jurisdiction?
- Are class actions or any other collective proceedings available for product liability claims in your jurisdiction? If so, what is the procedure for their formation and what benefits do they afford claimants? Are class actions formed on an opt-in or an opt-out basis?
- How common are settlements in product liability cases?
- What types of damages may be awarded in product liability cases? What rules and standards govern their calculation? Are damages capped?
- Are there any statutory criteria under which a product must be recalled or other corrective action be taken?