October 7, 2016
New Developments
The Duty to Warn in New York
By Dan Jaffe

New York’s highest court recently held in two asbestos cases (Dummit v. A. W. Chesterton and Suttner v. A. W. Chesterton) that a manufacturer of valves had a duty to warn of the hazards arising from the use of its valves with asbestos-bearing gaskets and packing materials which it neither manufactured nor distributed. Both cases involved valves manufactured by Crane Company. Crane’s valves did not contain asbestos or other hazardous materials, but they could not practically function in a high-pressure, high-heat environment without asbestos-containing gaskets, insulation and packing. [Continue Reading]

Federal Guidelines for Autonomous Vehicles
By Mark Pratzel

On September 20, 2016, the National Highway Traffic Safety Administration (“NHTSA”) issued the Federal Automated Vehicles Policy, first Federal policy on automated vehicles. Focused on “highly automated vehicles” (HAV), the guidelines show that the Federal government sees automated car technology as a safer alternative to cars driven by humans. “We envision in the future, you can take your hands off the wheel, and your commute becomes restful or productive instead of frustrating and exhausting,” said Jeffrey Zients, director of the National Economic Council, noting that automated vehicles “will save time, money and lives.” [Continue Reading]

What Is A Reasonable Alternative Design?
By Alan Hoffman

At the heart of the concept of defective product design embodied in the Restatement (Third) of Torts: Product Liability is the availability of a reasonable alternative design which could have reduced or avoided a risk of harm. However, a product may be defective, even if no reasonable alternative design exists, if it fails to provide reasonable instructions or warnings of a foreseeable risk of harm. A recent decision of the Massachusetts Appeals Court illustrates the application of these principles. [Continue Reading]

Editor of the Month
Mark Pratzel defends clients in matters involving construction, toxic tort, product liability, premises liability and personal injury law. Representing clients in the manufacturing, technology and chemical industries, he concentrates his practice in cases alleging industrial explosions and exposure to asbestos. Mark also represents a variety of corporate clients in a broad range of litigation matters involving contracts, regulatory issues and product literature.
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Technology, Manufacturing & Transportation
Product Liability Practice
Manufacturers work hard to develop material goods and product designs that are high-quality, safe and durable. We understand your commitment to excellence and commit ourselves to defending you against product liability allegations. Husch Blackwell’s Product Liability team has insight into your industry-specific challenges. [More information]
Product Liability Monitor Archive
September 2016