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
Category: Product 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
Florida’s Products Liability Economic Loss Rule Bars Claims Where Only Damage Sustained is to the Building Itself
Catherine Delorey | Forum on Constrution Law Can a products liability claim survive the economic loss rule (“ELR”) where the only claimed damage to “other property” is to the finished building itself? If your state takes an “integrated” approach to the ELR, the answer to this question should be “no.” In 2711 Hollywood Beach Condominium… Continue reading Florida’s Products Liability Economic Loss Rule Bars Claims Where Only Damage Sustained is to the Building Itself
Economic Loss Rule Bars Claims Against Manufacturer
David Adelstein | Florida Construction Legal Updates The economic loss rule lives to bar a claim against a product manufacturer in a real estate transaction. In a products liability action, there needs to be personal injury or property damage, other than to the property itself, in order to recover economic damages. Otherwise, the economic loss rule will bar… Continue reading Economic Loss Rule Bars Claims Against Manufacturer