Category: Product Liability

Board Rules Contractor Entitled to Additional Costs After Government Unreasonably Refuses to Accept Equivalent Substitute

Sabah Petrov | Bradley In Appeal of Carothers Constr., Inc., the Armed Services Board of Contract Appeals (the “Board”) rejected the Government’s reliance on strict compliance with the material specifications for a 2 1/2″ thick roof deck product when the contractor proved the substitute 2″ thick roof deck was equivalent. While generally, the owner is entitled… Continue reading Board Rules Contractor Entitled to Additional Costs After Government Unreasonably Refuses to Accept Equivalent Substitute

7 Things to Know About Defective Products & Product Liability Cases

Searcy Denney Scarola Barnhart & Shipley If you have questions about a product defect or product liability in general, below are seven things to know about defective products and product liability law. What is Product Liability Law? Product liability law addresses how injured parties may recover for damages they sustained from a defective product. Typically, the… Continue reading 7 Things to Know About Defective Products & Product Liability Cases

Pennsylvania Court Finds that Two Possible Causes Can Prove a Product Malfunction Theory of Liability

Gus Sara | The Subrogation Strategist In Allstate Ins. Co. v. LG Elecs. USA, Inc., No. 19-3529, 2021 U.S. Dist. LEXIS 127014, the United States District Court for the Eastern District of Pennsylvania considered whether plaintiff’s expert engineer’s opinion that there were two possible causes of a fire—both related to alleged product defects within a refrigerator… Continue reading Pennsylvania Court Finds that Two Possible Causes Can Prove a Product Malfunction Theory of Liability

Industry Standard and Sole Negligence Defenses Can’t Fix a Defect

Lian Skaf | The Subrogation Strategist Strict products liability cases have been the subject of much fluctuation in the Pennsylvania courts over the last few years. Utilizing hope created by the courts in recent strict liability cases, defendants have tried to revive defenses based on meeting industry standards and the plaintiff’s contributory negligence. Recently, the… Continue reading Industry Standard and Sole Negligence Defenses Can’t Fix a Defect

California Court of Appeal Addresses Right to Repair Statute

Blake Robinson | Davis Wright Tremaine The California Court of Appeal recently issued a decision analyzing the application of the Right to Repair Act1 as applied to a company that provided an allegedly defective product in a residential construction project. In State Farm General Insurance Co. v. Oetiker, Inc., 58 Cal.App.5th 940 (2020), the court concluded that… Continue reading California Court of Appeal Addresses Right to Repair Statute