Tag Archives: product liability claims

End-user of defective product prevented from bringing a claim when it has knowledge of the defects

The Court of Appeal has confirmed that where an end user has knowledge of the defects in a product, it is not able to bring a claim for any subsequent loss resulting from that defect. It held that an end … Continue reading

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Filed under Product recall, Product safety

Emerging Legal Issues in 3D Printing and Product Liability: The View from the U.S. and the UK

In this article, published in Law Journal Newsletters, we consider who will be held liable if objects created through the use of 3D printing technology, and distributed to consumers and other users, turn out to be defective and unreasonably dangerous from … Continue reading

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Filed under Fast Moving Consumer Goods, Product recall, Product safety

Our new guide to product liability and product recall insurance in the UK

In this guide, published as a chapter of the International Comparative Legal Guide to Product Liability 2016, we consider the types of liability to which producers and distributors of defective products may be exposed, and the scope of product liability … Continue reading

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Filed under Insurance, Product recall, Product safety, UK

Recent developments in US product liability

There have been a number of significant product liability cases in the US in recent months. Thomas E Riley from our New York office has prepared an article which was first published in the annual survey issue (51-2) of the Tort … Continue reading

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Filed under Product recall, Product safety, United States

Focus on 3D printing – the legal implications of an emerging technology

In this article published in PLC Magazine June 2016 we consider the effectiveness of the current law to deal with the competition that 3D printing presents for traditional manufacturing as well as the opportunities 3D printing provides for rights holders … Continue reading

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Filed under Fast Moving Consumer Goods, Product recall, Product safety

Criminal liability for defective products: a refresher

With the coming into force last month of the Consumer Rights Act 2015, there has understandably been a significant focus on the civil remedies available to consumers who purchase defective products (see our recent blog post commenting on the new Act).  … Continue reading

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Filed under Fast Moving Consumer Goods, Food & Beverages, Product recall, Product safety, Retail, UK, Uncategorized

Amended US Federal Rules of Civil Procedure narrow availability of civil discovery and sanctions

Important changes to the US Federal Rules of Civil Procedure (FRCP), which govern the conduct of civil proceedings (including product liability cases) in US federal district court, will take effect on 1 December 2015 (absent US Congressional action, which appears unlikely). … Continue reading

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Filed under Class actions, Collective actions, Uncategorized, United States

The UK Consumer Rights Act 2015 – key changes that every consumer business should be aware of

The Consumer Rights Act 2015 represents a significant development in the regulation of consumer contracts under UK law. It consolidates and brings consistency to rules that were previously spread across a wide range of different Acts and Regulations. It also … Continue reading

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Filed under Fast Moving Consumer Goods, Food & Beverages, Pharmaceuticals and Healthcare, Product recall, Product safety, Retail, UK, Uncategorized

Court of Appeal considers meaning of a product under a contractors’ combined liability policy

In Aspen Insurance UK Limited v Adana Construction Limited [2015] EWCA Civ 176, the Court of Appeal considered the meaning of a “Product” under the terms of a Building Services Combined Liability Policy. The Court of Appeal adopted a purposive … Continue reading

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Filed under Insurance, UK

US Supreme Court weighing proposals to curtail scope, burden and uncertainty of discovery in US Federal Court

Joe Falcone has published an article in Financier Worldwide addressing proposed amendments to the US Federal Rules of Civil Procedure, which rules govern civil cases (including product liability cases) in US federal court. If adopted, these amendments should narrow significantly … Continue reading

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Filed under Class actions, Collective actions, United States