Last year, the Commission published a proposal for a new Product Liability Directive (PLD) to replace the existing PLD, Directive 85/374/ECC.2 The proposal addresses liability for products such as software and digital services, and clarifies the rules applicable to companies that substantially modify products for resale. It also suggests that the claimant’s burden of proof should be relaxed in certain circumstances and aims to ensure that consumers are compensated for defective products manufactured outside the […]
Silica is an abundant mineral found in materials including sand, stone, and concrete. While serving as a principal component of glass, cement, and ceramics, silica also presents an increasingly pertinent issue for those with interests in toxic torts, as well as businesses involved in the manufacturing or distribution of silica products: occupational exposure to airborne silica, a leading cause of silicosis and lung cancer.
Silicosis is a severe, incurable lung disease that is often fatal. […]
Recall Litigation Report: Consumer Lawsuit Alleges Electrolux Dehumidifier Caused Church Fire Years After Recall
Products are commonly recalled due to a hazard (i.e., a risk of harm), even where large swaths of consumers have never had a problem with the products they purchased. When those consumers then file suit, they often seek to recover economic harm based on the “benefit of the bargain” theory—because the recalled products that they previously purchased are now worth less than what they paid for them. Where a consumer does experience the hazard (i.e., suffers personal injury […]