Category Archives: Comparative-Contributory Negligence

Gavel

Rhode Island Changes Its Products Liability Law


This entry was posted by on .

Rhode Island’s governor, Daniel McKee, signed 2021 R.I. HB 5867/2021 R.I. SB 736 into law on July 13, 2021. The enactment changes Rhode Island’s products liability law and impacts how courts treat a manufacturer’s or seller’s claim that it is not liable due to a subsequent alteration or modification of the product. Continue reading

This entry was posted in Comparative-Contributory Negligence, Products Liability, Rhode Island and tagged , , .
Gavel

Industry Standard and Sole Negligence Defenses Can’t Fix a Defect


This entry was posted by on .

Strict products liability cases have been the subject of much fluctuation in the Pennsylvania courts over the last few years. Utilizing hope created by the courts in recent strict liability cases, defendants have tried to revive defenses based on meeting industry standards and the plaintiff’s contributory negligence. Recently, the Superior Court of Pennsylvania tempered that hope with limitations of how far strict liability defenses can extend. Continue reading

This entry was posted in Comparative-Contributory Negligence, Evidence, Negligence, Pennsylvania, Products Liability and tagged , , .

Strictly Speaking, the Plaintiff’s Fault Matters in Products Liability Actions in Georgia


This entry was posted by on .

Many states, finding that the purpose of the strict liability doctrine is to protect otherwise defenseless victims from defective products, hold that principles of comparative negligence do not apply to strict liability actions. Georgia is not one of those states. In Johns v. Suzuki Motor of Am., S19G1478, 2020 Ga. LEXIS 760, the Supreme Court of Georgia recently held that Georgia’s comparative fault statute, OCGA § 51-12-33, applies to strict products liability claims brought pursuant to Georgia’s product liability statute, OCGA § 51-1-11. Continue reading

This entry was posted in Comparative-Contributory Negligence, Georgia, Negligence, Products Liability, Uncategorized and tagged , , , .

New York’s Court of Appeals Clarifies the Burden of Proof in Summary Judgment Cases


This entry was posted by on .

In Rodriguez v. City of New York, 2018 N.Y. LEXIS 793, 2018 NY Slip Op. 02287 (Apr. 3, 2018), New York’s Court of Appeals, New York’s highest court, addressed the question of whether a plaintiff, in moving for summary judgment on the issue of the defendant’s liability, also needs to establish the absence of his or her own comparative negligence. In a 4-3 decision, a majority of the court held that, because the plaintiff’s comparative negligence is a matter of damages, not liability, the plaintiff does not bear that burden. Continue reading

This entry was posted in Comparative-Contributory Negligence, Litigation, New York and tagged , .