Clients who are first introduced to the concept of strict liability in the context of a product liability lawsuit are often shocked to learn they can be held liable for a product defect simply because they sold the defective product. The first question we always hear in these situations is “How can I be held liable if I did not have any involvement in the decisions that went into how the product was designed or built?”
Continue Reading When Product Liability Meets the Uniform Commercial Code

On December 4, 2015, President Obama signed into law a massive (1,300-page) five-year, $281 billion transportation bill that not only covers highway, transit and rail project funding but also includes the following important provisions regarding tires:

Continue Reading Fixing America’s Surface Transportation (FAST) Act Could Spell Trouble for Tire Manufacturers, Distributors and Retailers

DThinkstockPhotos-524821349rones, also known as unmanned aircraft systems (UAS) or unmanned aerial vehicles (UAV), have received extensive media coverage over the past few years. Whether the discussions about drones are related to the unmanned aircraft used in military operations or the small quadcopters used by individual enthusiasts, it is evident that drone use is on the rise. As with all new products, this rise in drone use brings with it a host of legal issues manufacturers and operators need to take into account. Though the relevant fields of law are slow to catch up to the technological advancements, manufacturers and operators may still be hit with product liability, aviation and privacy law claims. This blog post will focus primarily on the product liability issues with emphasis on small UAS (sUAS), drones that weigh less than 55 pounds.

Continue Reading As Drones “Take Off” Legal Consequences Remain Uncertain

car-tire_122438534TSOur February 18, 2014 blog, Massachusetts, Where Only Young Rubber Hits the Road, covered An Act to Increase Road Safety, proposed by the Massachusetts House of Representatives, which was assigned bill tracking number H3016. The Act would require issuance of a rejection certificate for any vehicle equipped with a light-truck or passenger tire, including a full-service spare, more than six years old.

Continue Reading Update: Anti-Tire Aging Legislation in Massachusetts

Computer key blue - LikeI recently read an article titled “When ‘Liking’ a Brand Online Voids the Right to Sue,” written by Stephanie Strom of the New York Times, that reported an interesting change in the way manufacturers are dealing with consumers and using social media as a risk management tool. In the past I have written on this blog about consumers using social media and social networking sites to publicize their product liability claim or general dissatisfaction with a particular product. Now it appears manufacturers are turning the tables.

Continue Reading Social Media as a Risk Management Tool?