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Companies facing product liability lawsuits can use product standards as an effective legal defense. Although compliance with product standards does not necessarily imply that a company is exercising care in manufacturing products, it does manifest that the company is acting as a reasonable manufacturer in the industry. Other applications of product standards compliance in legal defense are discussed., I recently moved from private practice at a large law firm into the public sector, in part to help litigate the enforcement of environmental regulations. I will remain involved in [...]

Companies manufacturing or using harmful materials such as asbestos in their products should ensure the observance of safety precautions by their employees to avoid lawsuits. A company may be held liable for the harmful effects of such substances, even if it has ceased using or producing the materials for several years, and be required to pay employees or their families huge sums., For several years, I spent a fair number of hours every month sitting through asbestos depositions. They were called asbestos depositions to distinguish them from 'real' depositions, because they were [...]

Products liability suits arising from alleged product defects are often decided regardless of the plaintiff's physical or mental state during a contested event. The focus is usually strictly on the product and not the user. At times, defenses of contributory negligence, intervening or superceding causes or assumption of known risk may be used, but these are highly circumscribed., My eye was bothering me one evening, so I went to the doctor to find out what was wrong. She helped a lot. She examined my eye and said I [...]

Engineers should consider the operating environment when designing machinery. Designers who neglect safety features could end up getting sued over the performance of their products. This situation may be exemplified by a new lawnmower design that allows the spring-loaded metal grass-catcher guard to be tied back. The potential danger lies in the mower's ability to eject bits of wood, rocks and stones out of the machine's sides instead of deflecting them downward., The other day I watched my neighbor mow his lawn with the new riding lawn mower his children had given him. As I watched him, I guessed that his new [...]

Companies should be better acquainted with product liability laws. They should take note that in liability cases, the issue of what is truly safe and responsible lies in the jury verdict. Therefore, manufacturers should pay special attention to the safety concerns of their products. They should also learn to understand the point of view of juries involved in product liability cases, so that they may design products in a more prudent manner., Judging from the reader mail, not all of you believe the way product liability law works is a helpful thing. Apparently a number of you feel that if only the [...]

Discovery is the process whereby opposing parties in a suit find out about each other's claims and defenses. In product liability lawsuits, parties are allowed to go through an adverse party's notes, notebooks, data and files for the purpose of finding something which would substantiate or buttress the claim. As such, machine design professionals should be careful about what they put down since some seemingly trivial notation can someday be used against a company., During the first week of my former career as an engineer, I attended a compulsory meeting with the corporation's attorneys. They gave me and all the other new engineers some [...]

Company engineers should be made aware of the proper way to answer the questions hurdled to them by a cross-examining attorney during depositions. They should answer only the precise question put before them by the atttorney rather than give detailed information which could be used as evidence in court trials. They should realized that any further clarification regarding the forwarded question should be addressed only through controlled direct examination at trial under the supervision of their company attorneys., The most resonant chord struck by this column so far appears to be concern over what happens in depositions. This interest on the part of readers may be due to [...]

Most product liability suits for defective design contend that the manufacturer had reasonable access to an alternative technology that could have prevented the accident or malfunction in case. However, manufacturers are quick to counter that the alternative technology was not available during product development. Manufacturers should realize that they have to keep track of potential drawbacks posed by their designs before completing their development., Every day, new product liability suits are filed seeking recovery for harm to person or property. There is an alarming, otherworldly quality to a lot of them. Not just the [...]

Discusses the role of defense lawyers in the discovery process of product liability cases. Interview of parties involved in the design decision making process; Need of turning over pertinent documents and plans to the attorney.

Warns company engineers against sharing vital information to lawyers other than those employed by their company. Importance of establishing a lawyer-client relationship; Potential disadvantages of divulging sensitive information.

Discusses how attorneys should handle product liability cases. Explanation of product defect found in previous trials; Immutability of the product itself; Determination whether plaintiff's claims about product are true.

Offers engineers some guidelines for answering cross-examinations in courts. Answering questions exposing an engineer's bias and conflicts of interest.

Comments on the growing importance of electronic mail in the issue of engineering communication. Definition of `documents.'

Focuses on a case the author worked on which concerned a gas turbine generator that allegedly presented an explosion hazard to all the occupants of an entire Ohio river valley. Trial court's dismissal of the case; Court of Appeals' order to remand the case for trial a decade after it was filed; Lessons engineers should learn from the case; Author's advice for engineers.

Comments on the lack of impact of the Contract of America's Tort Reform aspects on the engineering industry. Rarity of punitive damages awards; Cases involving product design and punitive damages; Illustration of practices to avoid.

Discusses the potential product liability exposure of a business enterprise. Prevention of lawsuits; Types of people who usually file lawsuits against a company.

Features the Association of Trial Lawyers of America (ATLA), a group of plaintiff's lawyers that actively monitors and tracks lawsuits to help its members win. ATLA publications; Solicitation of reports in advertisements; Provision of members with a variety of support services and materials; Preventing product liability.

Focuses on design engineers' responsibility to ensure that users are made aware of particular hazards of their products. Author's close call with a serious accident as a would-be engineer; Moments of forgetfulness of people.

Discusses the role of manufacturers in product liability lawsuits. Availability of expert witnesses that verify Plaintiffs' claims; Acceptance of absurd testimonies in court; Importance of letting lawyers know why certain curriculums presented by the Plaintiffs' experts are insufficient.

Stresses the importance of customer communication in managing products. Author's experience; Tech service calls.

States that solving even the simplest technical problem or making the slightest product improvement involves balancing a number of variables. Steps in product development; Jury's primary task in the ordinary strict liability case of balancing the dangers associated with a product against its utility; Idea of foreseeability.