Author Archives: Robert Ross
The Differing Standards For Attorney Discipline & Malpractice
California Lawyers who fail to represent clients competently, and in accordance with applicable ethical standards, may be liable both to the client and to the California Bar Association. While civil liability to the client generally results in awards of damages (monetary awards granted by a court), the Bar Association’s disciplinary committee has a range… Read More »
Alternative Forms of Attorney Competence
Generally, an attorney should only represent clients if he or she is competent in the relevant area. However, the law does allow attorneys to achieve competence by associating or consulting with other lawyers, as well as through education and MCLE. One reason newly-licensed attorneys often decide to work with a firm, or in an… Read More »
What Does it Mean for a Lawyer to be “Competent”?
By law, a lawyer must be “competent” to represent clients. Attorney competence includes and requires more than “mental competence”–meaning a lack of any mental defect or instability that would compromise his or her reasoning skills. Attorney competence generally refers to the lawyer’s obligation to possess a certain level of professional education, learning, and skill…. Read More »
The Importance of “Causation” in Products Liability Cases
THE PLAINTIFF HAS THE BURDEN OF PROVING CAUSATION Generally speaking, the plaintiff in a product liability/strict liability action must prove that a defect in the defendant’s product caused the injury. The plaintiff does not have to prove that the defendant was negligent (unless, of course, negligence is also being pled). THE PRODUCT’S DEFECT MUST BE… Read More »
Defendant’s “Knowledge” & Warning Labels in Strict Liability Cases
In Products Liability Actions Based on Failure to Warn or Lack of Proper Warning Labels, the Defendant Must Have Known About the Risk When a plaintiff sues a defendant on a strict liability theory based on “failure to warn” or improper warning labels, the defendant generally cannot be held liable unless the plaintiff can… Read More »
Do Manufacturers Have to Warn Consumers of Product Risks?
THE MANUFACTURER’S DUTY TO WARN (AND INSTRUCT) Under products liability law (strict liability), manufacturers may be held liable for injuries caused by products which were released or sold without proper warning labels and instructions, if the failure to include the relevant warnings or use instructions rendered the product unreasonably dangerous.* Generally, the law requires a manufacturer… Read More »
Obvious Dangers, & Sophisticated Users, in Strict Liability Actions
MANUFACTURERS GENERALLY NEED NOT WARN CONSUMERS OF OBVIOUS DANGERS As a general rule, manufacturers have no duty to warn consumers of a product’s known or recognized dangers. (This is true in negligence as well as products liability law.) Courts determine whether a danger is “known” or “recognized,” on an objective scale. Whether or not the injured… Read More »
When is a Product Defective “By Design”?
A “design defect” refers to a problem in the way a product is designed, rather than the way it is manufactured. Products with design defects may be inherently dangerous, or cause injury, even when manufactured in precisely the manner the designer/manufacturer intended. Where design defects are significant enough to render products unreasonably dangerous, the law may hold the… Read More »
When Is a Product Legally Defective?
A plaintiff seeking recovery under a products liability (or “strict liability”) theory must prove that his or her injuries were caused by a defective product. The question, then, is “what makes a product defective?” Products liability law recognizes three types of legally actionable defects: — Design defects — Manufacturing defects — Warning defects Simply receiving… Read More »
The Elements of a Product Liability Claim
WHAT DOES A PLAINTIFF HAVE TO PROVE TO CREATE A CLAIM FOR A DEFECTIVE PRODUCT? In order to create a claim for product liability, the plaintiff must prove: — The product was defective (in accordance with the laws that establish what it means to be “defective”) — A causal connection between the product’s producer and the… Read More »
