Railroad Can Argue Contributory Negligence Where FELA Provision Not Enacted “For Safety Of Employees”
Posted on Feb 5, 2015 in Transportation | Comments Off on Railroad Can Argue Contributory Negligence Where FELA Provision Not Enacted “For Safety Of Employees”
Following a train collision caused at least in part because a train was moving 33 miles per hour in an area where speed was restricted to 20 miles per hour, a railroad terminated the engineer and conductor. The conductor, who had sustained injuries from jumping off the moving train before the collision, brought suit under the Federal Employers’ Liability Act (FELA) for...
Hazardous Product Manufacturer Has No Duty Of Care To Unforeseeable Product User In Oklahoma
Posted on Feb 4, 2015 in Energy/Environmental, Product Liability | Comments Off on Hazardous Product Manufacturer Has No Duty Of Care To Unforeseeable Product User In Oklahoma
The manufacturer of a fast dry acrylic lacquer thinner for application in the painting of vehicles was sued in Oklahoma after an individual who had acquired a secondhand barrel containing the substance was killed when he was using a plasma cutter to cut off the barrel’s lid. The manufacturer includes on each barrel sold a warning label that reads “FOR PROFESSIONAL USE...
Safety Guard Designed To Be Periodically Removable Creates Question Of Fact On Design Defect Claims
Posted on Feb 3, 2015 in Construction, Litigation, Product Liability | Comments Off on Safety Guard Designed To Be Periodically Removable Creates Question Of Fact On Design Defect Claims
The workers’ compensation insurer of an injured worker’s employer brought product liability and negligence claims to recoup insurance payments made to the worker who sustained significant injuries when being cut by a large table saw. The saw had been sold with a plastic blade guard but the guard was not in place at the time of the incident. Last week, the U.S. District...
Punitive Damages Award Not Remitted In First MDL Pelvic Mesh Trial
Posted on Feb 1, 2015 in Product Liability | Comments Off on Punitive Damages Award Not Remitted In First MDL Pelvic Mesh Trial
In the first jury trial within the seven MDLs related to surgical mesh products to treat pelvic organ prolapse and stress urinary incontinence assigned to the U.S. District Court for the Southern District of West Virginia, a jury awarded a plaintiff $250,000 in compensatory damages and $1.75 million in punitive damages. The defendant drug manufacturer moved the court to remit the...
FEATURED
The Crisis Response & Incident Investigation Team at Eversheds Sutherland has substantial experience in guiding companies through crises, big and small, in providing a coordinated response to help mitigate risk and liability. More>>