Product Liability Update

Product Liability Update

October 2, 2012

Foley Hoag's Product Liability Update is a quarterly update concerning developments in product liability and related law of interest to product manufacturers and sellers. If you find this update useful, please encourage your colleagues and contacts to also register with us on our Web site. As always, you can access all of our publications at www.foleyhoag.com

Included in this Issue:

  • Massachusetts Federal Court Holds Japanese Escalator Accident Study Inadmissible for Lack of Authentication and Demonstrated Connection to Facts of Case, Defendant’s Introduction of New Shoe Design in Response to Study Inadequate to Show Superiority of New Design
  • Massachusetts Federal Court Holds Plaintiff’s Civil Engineering Expert Not Qualified to Opine on Alternative Designs in Construction Loader Suit and Opinions Not Shown Reliable Because Expert Performed No Testing Regarding Proposed Designs’ Feasibility and Effectiveness
  • Massachusetts Federal Court Holds Due Process Bars Personal Jurisdiction Over Distributor’s Third-Party Complaint Against Italian Manufacturer as Contract Clause Providing for Dispute Resolution in London, and Other Factors, Made Exercise of Jurisdiction Inconsistent with “Traditional Notions of Fair Play and Substantial Justice”
  • Massachusetts Superior Court Denies Foreign Manufacturer Summary Judgment for Lack of Personal Jurisdiction, Holding Manufacturer Waived Defense Through Participation in Discovery and Motion Practice Regarding Merits of Suit
  • Massachusetts Federal Court Dismisses Plaintiff’s Direct Claims Against Massachusetts Corporations Previously Joined as Third-Party Defendants Because Direct Claims Would Destroy Diversity Jurisdiction; Dismissal Would Not Prejudice Parties Because Corporations Would Remain in Suit as Third-Party Defendants

Excerpt:

Massachusetts Federal Court Holds Japanese Escalator Accident Study Inadmissible for Lack of Authentication and Demonstrated Connection to Facts of Case, Defendants Introduction of New Shoe Design in Response to Study Inadequate to Show Superiority of New Design

In Geshke v. Crocs, Inc., 2012 WL 3877620 (D. Mass. Sep. 7, 2012), a child was injured when her sandal-design shoe got caught in an escalator. Notwithstanding multiple signs near the escalator alerting pedestrians to avoid sides and keep tennis shoes away from sides and specifically warning parents to attend children and PARENTS Your children must obey these rules the child boarded the escalator standing all the way to its side and several steps in front of her parents.

Download the Foley Hoag October 2012 Product Liability Update (.pdf)