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Showing posts with label product liability. Show all posts
Showing posts with label product liability. Show all posts

Friday, April 11, 2008

Should thousands of product-liability cases be wiped from court dockets?

One of the more eye-opening commentary pieces that has appeared in Minnesota Lawyer recently was one penned by Scott Smith of Halleland Lewis Nilan & Johnson. Smith, who defends manufacturers in product-liability cases, discussed a "loophole" in state law that allowed otherwise time-barred product-liability actions to be brought in Minnesota, even though the suits had no real connection with the state. Here is a taste of Smith's piece.

From May 2004 through the end of 2007, nearly 9,700 individual
plaintiffs commenced product liability actions in Minnesota’s state and federal
courts against nonresident corporate defendants. Amazingly, nearly 9,000 of
those plaintiffs also hail from outside Minnesota. Not one of those 9,000 bought
the alleged injury-causing product in Minnesota, was harmed in Minnesota, sought
medical treatment in Minnesota, or has any connection whatsoever with this
state. Nor was a single complained-of product manufactured here. Yet, for the
vast majority of these plaintiffs, Minnesota is their forum of choice for one
reason — their lawsuits are time-barred in their home states, indeed everywhere
else in the country, but not in the Land of 10,000 Lakes. (Click here to see Smith's full piece.)
The Minnesota Legislature amended the law to close the "loophole" that allowed this kind of forum shopping in 2007, but thousands of cases from before it was closed remain on the docket. Smith wants the Legislature to make the 2007 change retroactive, thereby wiping those cases from the docket and freeing up valuable court-time for more Minnesota-related matters.

It's an excellent argument that makes a lot of sense from a court-resources point of view, although no doubt the thousands of plaintiffs who are under the impression that their cases will be heard would be devastated. Any thoughts?

Tuesday, September 18, 2007

Car safety ratings available with the click of a mouse

Has your client been hurt in a car crash? Are you wondering who is to blame? Maybe the auto maker contributed to the injury by negligently designing the vehicle. But where, oh where, can you go to find out how safe your client's car really is?

Fear not! The Web has an easy answer for you. There is a website you can go to to determine how various vehicles perform in crash tests. (You can reach the site -- which is run by the venerable Consumer Reports -- by clicking here. The site includes interior and exterior videos of the selected vehicle crashing during a test so you can witness the damage first hand. (Warning: some crash-test dummies were hurt to make these videos).

For example, I tried a 2007 Saturn Ion and found out that, in the Insurance Institute for Highway Safety's crash-test results, it received an "acceptable" rating for frontal offset. However, it was rated "poor" for side impact -- regardless of whether the car was equipped with optional side airbags. Hmmm. Makes me wonder what you are paying for when you shell out all that extra money for side airbags.

In any event, whether you are trying to decide if you should file a product-liability action or just looking for a safe new family vehicle, the site is worth checking out.