| Motor Vehicles |
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| Motor vehicles can have design defects and manufacturing defects. If a defect causes harm to a consumer, the manufacturer can be held liable for damages. You have probably heard of a manufacturer "recalling" an automobile or an automobile part because it is defective. The manufacturer will generally repair or replace the defective part or automobile without charge. The National Highway Traffic Safety Administration publishes recall information and also issues safety alerts and warnings about vehicles.More... |
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| Apportionment of Liability |
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| The apportionment of liability between multiple defendants in product liability actions varies from state to state. The state laws governing apportionment of liability range from joint and several liability to proportionate liability to various hybrid forms of apportionment. Under the theory of joint and several liability, a plaintiff could recover all of his or her damages against only one of multiple defendants. Joint and several liability was designed to allow plaintiffs to recover from some defendant instead of having to pursue all potential defendants who could avoid liability by blaming the injury on other defendants. Joint and several liability places the burden on the defendant of joining other tortfeasors in an action or risk having to pay for all of a plaintiff's damages alone. More... |
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| The Transportation Recall Enhancement, Accountability, and Documentation Act of 2000 |
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| The National Highway Transportation Safety Administration (NHTSA), a branch of the Department of Transportation (DOT), has adopted safety standards for motor vehicles and conducts safety research and development. Under the National Traffic and Motor Vehicle Safety Act (Vehicle Safety Act), which was later repealed and reenacted as the National Highway Traffic Safety Administration Authorization Act of 1991, vehicle manufacturers must notify the NHTSA and vehicle owners when the manufacturer learns (or should have learned) of any safety-related defects in its vehicles. The defects have to be repaired without charge to the owners. Safety-related defects are those that create an unreasonable risk of accidents. If the DOT Secretary finds a safety-related defect, administrative action can be taken ordering the manufacturer to take remedial action. Most motor vehicle recalls have been voluntary. More... |
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| Aviation Breach of Warranty Claims |
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| When an aircraft does not function properly, the operator of the aircraft may have a products liability action against the manufacturer based on breach of warranty. A warranty is a promise made by the manufacturer about the quality or performance of the product. A warranty can be express (oral or written) or implied (unspoken or unwritten). More... |
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| Liability of Ammunition Manufacturers |
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| Gun manufacturers have been faced with product liability suits claiming that the manufacturers should be held strictly liable for producing certain guns, even if they worked exactly as intended, because the guns constituted defective, "unreasonably dangerous" products. What about the manufacturers of ammunition? Gun violence would not be possible without ammunition. Can ammunition manufacturers be held liable for producing unreasonably dangerous products?
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