Supporters of autonomous vehicles, or self-driving cars, often claim they will make our roads safer by removing human error from the driving equation. However, critics of this new technology argue that the complexity of these machines will increase the potential for product defects to occur, which may mitigate some of the safety benefits derived from taking the potential for human error out of the act of driving a vehicle. Continue Reading Self-Driving Cars Will Likely Increase Product Liability Litigation

In September 2018, California passed SB-327, the first Internet of Things (IoT) security law addressing growing concerns over cybersecurity for the burgeoning market of consumer IoT devices.

Continue Reading Internet-of-Things Security Standards: Will States Follow California’s Lead or Look Across the Pond for Further Guidance?

Electric scooters and the shared economy

If you have spent any time in Los Angeles or New York City recently, you may have noticed adults riding two-wheeled electric scooters − the type we are more accustomed to seeing kids ride. These scooters are the latest transportation tools in the ever-evolving sharing economy.
Continue Reading As Electric Scooters Barrel Their Way into the Sharing Economy, Manufacturers and Their Insurers Should Prepare for an Influx of New Claims

By now, followers of California’s Proposition 65 are well aware of the August 30, 2018, changes. In a nutshell, they are:

  • Changes to warnings that require inclusion of a specific chemical and potential harmful result of either cancer and/or birth defect
  • Required website warnings
  • Mandatory pictograph and required font size
  • The burden is shifted from retailers to manufacturers
  • Annual renewal and review.

Continue Reading What’s up on Prop 65 three months after new regulations?

After more than five years of uncertainty, the Florida Supreme Court’s opinion in DeLisle v. Crane finally settled the debate over the standard for determining the admissibility of expert witness testimony in Florida state courts. Case No. SC16-2182 (Fla. Oct. 15, 2018). In a narrow 4-3 decision, the court rejected Daubert and adopted Frye. The outcome should come as no surprise. In 2017, in a rarely exercised move, the Florida Supreme Court declined to adopt the legislature’s 2013 revisions to the Florida Evidence Code codifying Daubert.

Continue Reading Frye Is Now, and Once Again, the Standard for Expert Opinion Admissibility in Florida