A recent outbreak in the South Bronx claimed 12 lives, left another 120 victims infected and put Legionnaires’ Disease back in the headlines. Besides being potentially fatal, LD poses a serious product liability and warranty liability risk to the manufacturer of any product that holds or stores water. This group includes manufactures of HVAC equipment, water heaters, water tanks, plumbing fixtures and supplies and companies that include these items in their products, such as mobile home, motorhome and travel trailer makers. But once appreciated the liability risk can be effectively managed. Here are a few things you should know about the disease and some suggestions for managing the liability risk it poses. Continue reading →
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Filed under Best Practices, Risk Management, Warranty
Tagged as bacteria, breach of warranty, CDC, Centers for Disease Control, customer, end user, fatal, faucet, fountain, HVAC, Implied Warranty, instruction, legionellae, Legionnaires' Disease, Mayo Clinic, owner's manual, Paul E. Wojcicki, personal injury, personal injury litigation, plumbing, product, product liability, product maker, product manufacturer, product user, risk management, RV, Segal McCambridge Singer & Mahoney, showerhead, spigot, Susan E. Smith, Thomas P. Bernier, warning, warranty, water filter, water supply, written warranty
As you’ve surely heard by now, the plaintiffs’ bar has come up with a can’t-miss-science-based trial strategy. Its creators boast that it has produced over $6.25 billion in jury verdicts and settlements in personal injury suits since 2009, including nearly $19.2 million in the past week alone. And they’ve given their strategy a name; it’s called: The “Reptile Theory.” While there are many who dispute its claimed scientific basis (here, here, here), defendants who’ve squared-off with the Reptile don’t doubt its effectiveness. Continue reading →
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Filed under Best Practices, Court Decisions, Risk Management
Tagged as attorney, automobiles, civil trial courts, company, corporation, defendant, Defending and Managing Automotive product liability claims, defense, defense counsel, defensive, deposition, discovery, Don Keenan, hypothetical, juror, juror psychology, jury, jury trial, litigation, nueroscience, offensive, Paul MacLean, personal injury, plaintiff, products liability, reptile, Reptile in the Mist, Reptile Theory, Robert Ball, safety, safety rules, settlement, The 2009 Manual of the Plaintiff's Revolution, trial, trial strategy, Triune Brain, verdict, witness
Matthew Kelly
The Editors
Paul Wojcicki