David Toney | Adams and Reese There are several emerging trends in 2023 concerning construction component manufacturers. 1. Tendering to and/or Adding Subs and Suppliers to Claims/Cases/Matters The most notable trend specific to manufacturers is that their largest customers have now largely decided upon a defense strategy of tendering to and/or adding its subs and… Continue reading Emerging Trends in Construction Defect/Product Liability for Manufacturers
Category: Product Liability
Product Liability Economic Loss Rule and “Other Property” Damage
David Adelstein | Florida Construction Legal Updates One of the best defenses a manufacturer has, particularly in non-personal injury cases, is the economic loss rule. Lo and behold, a recent opinion out of the Middle District of Florida, Dero Roofing, LLC v. Triton, Inc., 2022 WL 14636884 (M.D.Fla. 2022), touches on this very subject with cogent analysis… Continue reading Product Liability Economic Loss Rule and “Other Property” Damage
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