The cost of product liability for small vs. large firms

Article Abstract:

Studies show that the size of a manufacturing firm is irrelevant to costs associated with defending against products liability suits but that smaller firms pay comparatively higher products liability insurance premiums than larger firms. The findings are curious since premiums are based on product risks and the prevalence of personal injury actions and the size of the firm bears no relation to either product safety or the regularity of litigation. The plausible explanation for premium disparities lies in the tendency of smaller firms to use commercial product liability insurance policies.

Research, Manufacturing industry, Manufacturing industries, Economic aspects, Costs, Industrial, Industrial costs

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Associations, constitutional values, and tort litigation: the Texas Supreme Court recognizes trade associations' First Amendment rights to petition government as a defense to tort liability

Article Abstract:

Trade associations possess the right to petition government under the First Amendment as a defense to tort liability, according to a Texas Supreme Court decision involving a civil conspiracy claim against an industrial sand association. Associations' First Amendment protection is guaranteed under the Noerr-Pennington doctrine that immunizes petitioning parties from liability for expressing their views to the government. The Court's ruling on the jurisdictional issues involved also may have significant implications in actions against trade associations in future litigation.

Texas, Trade and professional associations, Professional associations, Trade associations, Petition, Right of, Right of petition

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Evaluating modifications as superceding causes in products liability actions

Article Abstract:

Modifications that are superceding causes of the harm can bar recovery in products liability cases if the modification was unforseeable, but courts have been reluctant to find that modifications have been superceding. To be found superceding, a consumer modification must have been unforseeable and unforseen by the defendant, and the modification must have been the sole factual cause of the injury. If a product defect is partly the cause of the harm, the modification ill not be found superceding.

United States, Causation (Tort law)

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