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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Class Action and Other Litigation

Date & Time
  • event Date

    Tuesday, November 19, 2024

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE webinar will discuss defending product liability lawsuits asserting that a product was defective and unreasonably dangerous because it was not equipped with an available safety option or new technology. The program will also consider the issues that arise when sophisticated purchasers elect not to buy an optional feature.

Faculty

Steven I. Klein
Partner
Rumberger, Kirk & Caldwell

Mr. Klein focuses his practice in the areas of product liability and warranty and Lemon Law. He defends clients against claims involving breach of warranty, the Magnuson-Moss Warranty Act and Lemon Laws in Florida and the Southeast. Mr. Klein represents manufacturers of passenger cars and trucks, boats and marine engines, and motorhome chassis and components. He represents manufacturers of automobiles, motorcycles, off-road vehicles, tires, boats and other watercraft against negligence and strict liability claims based upon alleged product defects which resulted in injuries or death. Mr. Klein has been able to successfully apply his experience and product knowledge from handling breach of warranty and lemon law cases to his product liability practice.

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Jens C. Ruiz
Partner
Rumberger, Kirk & Caldwell

Mr. Ruiz is an experienced litigator who focuses his practice in the areas of product liability, warranty and casualty litigation. He also has experience handling insurance coverage and bad faith litigation. Mr. Ruiz defends a number of clients in the manufacturing, distribution, retail, automotive, boating, marine and personal watercraft industries throughout Florida. A considerable portion of his practice also involves representing and defending a transportation network company and transportation network drivers.

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Description

Lawsuits frequently assert that a product was defective and unreasonably dangerous because it was not equipped with an available safety feature or the newest technology. The automotive industry is particularly vulnerable to these types of lawsuits which invite inquiry into the manufacturer's thought processes and how it weighed the costs and benefits of not making such features standard equipment. Industry standards can be as important as government regulations. Cases involving debates over safety are ripe for "reptile" and other similar tactics.

Nonetheless, plaintiffs must still prove that the absence of the safety feature in question rendered the product unreasonably dangerous and caused the accident in question. Jurisdictions may employ different or multiple tests for what makes something "unreasonably dangerous." Research promoting the feature may be biased. The actual cost of the new feature, both when new and to repair, as well as customer willingness to accept the new feature, are all relevant and may assist defendants.

Listen as this panel of experienced product liability defense counsel discusses the difficulties of both plaintiffs and defendants in cases alleging that failure to equip a product with the specified improvements renders it unreasonably dangerous.

Outline

  1. Elements of failure to equip claims
  2. Defenses
  3. Controlling unchecked discovery
  4. Strategies for preventing reptile tactics
  5. Anticipating jurors who demand absolute safety

Benefits

The panel will review these and other important issues:

  • Will the absence of regulations trump industry standards in failure to equip and optional feature cases?
  • What is the state-of-the-art defense?
  • What is design hierarchy?
  • Is a product defective if the manufacturer offers optional safety devices but the purchaser declines to accept them?