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ARTICLE · 04 NOVEMBER 2015

Product Liability Update - October 2015

Foley Hoag LLP
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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.

United StatesConsumer Protection
David Geiger
David Geiger
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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.

Included in this Issue:

  • Massachusetts Federal Court Holds Proof of Testing of Proposed Alternative Design Not Required for Design Defect Claim, Evidence Plaintiff Ignored Defendant's Warnings Did Not Establish He Was Sole Proximate Cause of Injury on Design Defect Claim But Did Negate Causation for Failure to Warn
  • Massachusetts Federal Court Holds (1) Market Share Data Can Prove Manufacturer's Identity, (2) Awareness of Harm Determines Date of Injury Under Statute Abolishing Privity Requirement in Warranty Claims for Injuries After Specified Date, (3) Inherent Dangers of Product Insufficient to Show Design Defect, (4) Lack of Reasonable Foreseeability of Dangers Negates Design Defect and Failure-to-Warn Claims and (5) Lack of Proof of Ability to Identify Remote Purchaser Negates Post-Sale Duty

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