Agricultural and farm equipment

Alabama Supreme Court Rejects “Good Samaritan” Liability in Gray Market Case

lawnmowerLast month, I wrote about the “Good Samaritan” rule, codified in Restatement (Second) of Torts, section 324A, “Liability to Third Persons for Performance of Undertaking.” In that post, I discussed how plaintiffs have tried to impose liability on manufacturers and distributors of products based on a company’s post-sale efforts to recall, retrofit or warn about a hazard. In special situations, plaintiffs have even tried to invoke section 324A against parties who were not involved in the product’s chain of distribution. Recently in one such case, the Alabama Supreme Court, applying section 324A, rejected the plaintiff’s argument that our client, Yanmar America Corporation (YAC), was negligent in its post-sale efforts to warn the public about the safety hazards of gray market Yanmar® brand tractors. Yanmar America Corporation v. Randy Nichols, 1130214 (Ala. 2014) Supreme Court of Alabama, Sep.. 30, 2014.

Continue Reading A “Good” Deed Goes Unpunished

Fresh-vegetables_TS_76765397 Connecticut, the first state to pass a law that requires labeling for genetically engineered foods, is being joined by states with similar labeling requirements, but no labeling mandates. Despite the reluctance of some states to enact these labeling regulations, it appears that the trend is moving toward more stringent labeling requirements for food manufacturers. We, of course, as product liability defense attorneys and risk professionals, are keeping an eye on this trend, since expansions of statutory labeling requirements will present more risk exposure to food manufacturers.
Continue Reading Do You Really Want to Know What’s in Your Food? Connecticut Requires Labeling for Genetically Modified Foods