The Failure to Warn
By William Hoffmann, Geneva, IL

In a product liability action, a potentially powerful cause of action, often ignored by plaintiffs and their lawyers, is the failure to warn. In 1998 the American Law Institute adopted and promulgated the Restatement Third on Torts: Product Liability in order to codify and update the divergent case law on product liability.

Courts across the United States are now starting to adopt the codification of the law in the Third Restatement instead of the traditional Second Restatement of Torts. Additionally, the American National Standards Institute (ANSI) recently adopted a new standard in its Z353 series, Z353.6, regarding warnings which must accompany a new product into the . . .

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HANDLING THE INTERNATIONAL PRODUCT LIABILITY CASE
By Stuart R. Fraenkel

International product liability cases are very challenging, complex and can be resonant of a crossover civil procedure/constitutional law/torts/conflict of laws bar exam question. Whether the subject matter of the action occurred in the United States or abroad, it is incumbent upon the litigator to be very well versed, not only with the applicable United States substantive and procedural laws and treaties, but also with the applicable laws, treaties, customs, practices and procedures of the international jurisdictions which may be implicated. With the continued globalization and outsourcing of product manufacturing, international product liability cases will become more and more common.

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This paper, available free to members of the Products Liability Section, was presented at the 2007 AAJ Annual Convention in Chicago. Copyright © 2007 American Association for Justice. Further reproduction of any kind is prohibited. For more information, call AAJ Education at (800) 622-1791. To purchase other Education program papers, visit the AAJ Exchange.

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