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Products Liability (Frumer, Friedman, Sklaren)

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This provides the attorney with one place to obtain all information about products liability, from analysis of the products, design issues, the parties, the causes of action, defenses, damages, litigation techniques, international issues, and source material.

Treatise covers every facet of the law, including theories of recovery, causation, collective liability, plaintiff and defendant considerations, strict liability, breach of warranty, negligence, defective products, or warnings.

Specifically, the treatise covers the following topics:

•  Discussion of the different damages that can be awarded, such as actual and punitive damages, as well as indemnity, contribution and apportionment of damages, and new issues, such as medical monitoring
•  Includes a chapter on illustrative awards in PL cases
•  Procedural matters, such as jurisdiction, venue, discovery, evidence, experts, statutes of limitations, and related insurance issues
•  Discussion of issues related to federal preemption and government liability for defective products
•  Specific chapters devoted to analysis of actions involving common defective products, such as food, drugs, medical devices, inflammable substances, toxic torts, tobacco, automobiles
•  Extensive coverage on Product Safety Management, useful for evaluating whether a manufacturer has acted negligently in designing and manufacturing a product or in testing or evaluating its safety
•  Also includes chapters on design assurance, safety analysis, documentation, purchasing, product distribution, and recalls
•  Numerous chapters devoted to the technical aspects of products, such as automotive accident reconstruction, technical aspects of mechanical design, buckling failures, and human factors issues
•  Comprehensive coverage of state and federal laws affecting products liability, including Consumer Products Safety Act, National Traffic and Motor Vehicle Safety Act, Defense Research Institute Proposals, Uniform Comparative Fault Act, American Bar Association Recommendations, Restatement of Torts (Third)
•  Table of Cases and Table of Cases by Product
•  Various sample documents (e.g., pleadings, discovery requests, checklists) for the practitioner

First published 1960.

The original authors are Louis R. Frumer and Melvin I. Friedman, highly respected practitioners in products liability litigation. Last updated by Cary Stewart Sklaren.

Also available on CD-ROM.


The eBook versions of this title feature links to Lexis Advance for further legal research options.

Authors / Contributors

Table of Contents

 VOLUME 1 

Chapter 1 Products Liability History

Chapter 2 Products Liability Theories

Chapter 3 Causation and Collective Liability in Products Liability Litigation

Chapter 4 Products Liability Plaintiffs

Chapter 5 Products Liability Defendants

Chapter 6 Liability of Entities in the Chain of Distribution

Chapter 7 Liability of Successor Corporations

Chapter 8 Strict Liability


VOLUME 2

Chapter 9 Breach of Warranty

Chapter 10 Negligence

Chapter 11 Manufacturing and Design Defects

Chapter 12 Warnings

Chapter 13 Damages

Chapter 13A Illustrative Awards and Settlements

Chapter 14 Punitive Damages

Chapter 15 Indemnity, Contribution, and Apportionment of Damages


VOLUME 3

Chapter 16 Jurisdiction, Venue and Related Principles

Chapter 17 Discovery in Products Liability Litigation

Chapter 18 Evidence in Products Liability Litigation

Chapter 19 Multiple Litigation

Chapter 20 Death Actions

Chapter 21 Enhanced Injury Litigation

Chapter 22 Automotive Products Liability Law

Chapter 23 Products Liability and Bankruptcy


VOLUME 4

Chapter 24 Federal Preemption and Products Liability Litigation

Chapter 25 Conflict of Laws

Chapter 26 Statutes of Limitation

Chapters 27-29 [Reserved]

Chapter 30 United States Government Liability

Chapter 31 The Government Contract Defense

Chapter 32 Products Liability in Maritime Law

Chapters 33-34 [Reserved]

Chapter 35 Manufacturers' Criminal Liability

Chapters 36-47 [Reserved]

Chapter 48 Food and Beverages


VOLUME 5

Chapter 49 Allergies

Chapter 50 Drugs

Chapter 51 Vaccines and Product Liability

Chapter 52 Engineering Aspects of Medical and Surgical Instruments and Devices

Chapter 53 Medical Instruments and Devices

Chapter 54 Inflammable Substances

Chapter 55 Toxic Torts

Chapter 56 Tobacco and Products Liability Litigation

Chapter 57 Recalls


VOLUME 6

Chapter 58 Products Liability Insurance

Chapter 59 Products Liability Law of Japan

Chapter 60 Products Liability in English Law

Chapters 61-69 [Reserved]

Chapter 70 Product Safety Management: Policy, Systems, and Elements

Chapter 71 Product Safety Management: Safety and Operation Reviews

Chapter 72 Product Safety Management: Organization Structure

Chapter 73 Product Safety Management: Design Assurance

Chapter 74 Product Safety Management: Design Safety Analysis

Chapter 75 Product Safety Management: Documentation of Design

Chapter 76 Product Safety Management: Typical Codes and Standards and Their Applicability

Chapter 77 Product Safety Management: Design Safety Verification

Chapter 78 Product Safety Management: Manufacturing Controls

Chapter 79 Product Safety Management: Quality Management and Planning

Chapter 80 Product Safety Management: Control of Purchases

Chapter 81 Product Safety Management: Control of Production by Inspection

Chapter 82 Product Safety Management: Calibration Systems

Chapter 83 Product Safety Management: Nonconforming Material and Corrective Action

Chapter 84 Product Safety Management: Business Records

Chapter 85 Product Safety Management: Management Audits

Chapter 86 Product Safety Management: Product Distribution and External Recalls

Chapter 87 Product Safety Management: Bibliography

Chs 88-89 [Reserved]


VOLUME 7

Chapter 90 Automotive Accident Reconstruction

Chapter 91 Technical Aspects of Mechanical Design

Chapter 92 Buckling Failures

Chapter 93 Biomechanics of Head Injury

Chapter 94 Inspection and Testing for Quality Control in Industry Practice

Chapter 95 Sampling in Legal Cases

Chapter 96 Laboratory Investigation of Material Failures

Chapter 97 Engineering Aspects of Guarding of Machinery and Equipment

Chapter 98 Design and Construction Aspects of Children's Toys and Recreational Equipment

Chapter 99 Human Factors in Products Liability

Chapter 100 Power Lawn Mowers

Appendix A Proposed Federal Product Liability Legislation

Appendix B Uniform Model Products Liability Act


VOLUME 8

Appendix C State Product Liability Statutes

Appendix D [Reserved]

Appendix E Final Report of National Commission on Product Safety: Consumer Product Safety Act

Appendix F Handbook and Standard for Manufacturing Safer Consumer Products (U.S. Consumer Product Safety Commission)


VOLUME 9

Appendix G Interagency Task Force on Product Liability: Final Report

Appendix H National Traffic and Motor Vehicle Safety Act

Appendix I Defense Research Institute Proposals

Appendix J American Insurance Association Proposals

Appendix K Uniform Comparative Fault Act

Appendix L Uniform Contribution Among Tortfeasors Act

Appendix M Senate and House Committee Reports on Product Liability Risk Retention Act; Product Liability Risk Retention Act

Appendix N American Bar Association Recommendations


VOLUME 10

Appendix O Restatement of the Law (Third) of Torts: Products Liability (Final Draft)

Table of Cases


VOLUME 11

Table of Cases by Product

Index