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1. Who may be liable in respect of injury or loss caused by defective products? (e.g., manufacturers, distributors, middlemen, advertisers, governments)
2. Please outline the legal bases upon which liability for defective products may arise (e.g., contract, tort, statutory bases) and explain how damages may differ under each basis.
3. Is there any (federal or state) legislation governing product liability? If so, does that legislation impose strict liability, and what defenses are available to a defendant?
4. What is the relevance to product liability of regulatory legislation? Can a defendant rely upon regulatory approval as a defense? Does any claim lie against a public authority which has given regulatory approval to a product which is in fact defective and harmful?
5. Must a claimant prove that a product was “defective” in order to recover damages? Is there any remedy for injury/loss caused by products which are not “defective”?
6. What problems may face a claimant seeking to prove that injury/loss has been caused by a particular product? How have the courts approached such issues, and what theories have developed? (e.g., injury consisting of enhanced risk of harm / loss of bargain)
7. What issues are raised where it is unclear which of multiple defendants caused the particular injury/loss complained of, and how have the courts addressed such issues? (e.g., liability on basis of concert of action / market share)
8. Where there are multiple defendants, how will the court determine which is primarily liable and/or the extent to which each defendant is to contribute to any damages awarded?
9. What defenses may be available to a company against whom a product liability claim is brought?
10. What have been the most important recent product liability cases in the US and what issues do they raise?
11. How are damages assessed? In what circumstances will punitive damages be awarded?
12. Which industries are particularly affected by the risk of product liability? How has the risk of product liability affected the development of those industries?
13. What are the likely future growth areas for product liability litigation?
14. What steps can a company take to avoid or limit product liability? Can liability be excluded altogether? What approach should a company adopt towards the issue of warnings about its product?
15. Can a company insure itself against product liability?
16. What particular issues are raised by class actions? Is there any legislation governing class actions and, if so, what is its effect?
17. What types of factual and expert issues may typically be raised in product liability litigation, and how does the court approach such issues?
18. What are the advantages and disadvantages of jury trial of product liability claims?
19. Is alternative dispute resolution suitable for the determination of product liability claims?
20. What difficulties may arise where claims in respect of a defective product are pending in the courts of different states or countries? How do the US courts approach such difficulties? Will the US court take notice of decisions of foreign courts?
21. In what circumstances will product liability claims be governed by foreign law? Can a company determine or influence the system of law which will govern claims brought against it?
22. In what circumstances may criminal liability for defective products arise? What sanctions will be imposed on a guilty defendant?
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