Product Liability From the Chair Making Great Greater By Charles A. Stewart III <strong>The</strong> Product Liability Committee started in the late 1970s and has continued to be one of <strong>DRI</strong>’s largest and most active committees. Despite its rich history, the committee never rests. ■ Charles A. (Chuck) Stewart III is a trial lawyer, co-chair of the firm’s Product Liability Practice Group, and a founding partner of the Montgomery, Alabama, office of Bradley Arant Boult Cummings LLP. Admitted to the bars of both Alabama and Tennessee, Mr. Stewart has extensive trail experience representing national and international corporations, primarily in the areas of product liability, toxic torts, employment, large personal injury, and business litigation. 28 ■ <strong>For</strong> <strong>The</strong> <strong>Defense</strong> ■ <strong>November</strong> <strong>2012</strong>
My father was a product liability defense lawyer in Birmingham, Alabama. I remember that, in my youth, there was a whole list of activities that I could never participate in. <strong>For</strong> example, fun things like spraying lighter fluid on a charcoal grill were strictly prohibited at my house. My friends seemed to have so much fun doing that at their homes. And if the lawn was being mowed, I could not go outside. Lawnmowers throw rocks and cause grievous injuries. I remember my father pulling off the road and stopping the car until one of us re- buckled his or her seatbelt. I did the same with my children when they were growing up. <strong>The</strong>y even called me “Danger Dad” because I was always warning them about the terrible fate that awaited them if they were careless in doing anything. And no one in our house drove a car before reading the owner’s manual from cover to cover. Have you read the owner’s manual for the car that you drive Have you read the owner’s manual for the car your spouse or child drives Chances are, if you are practicing in the area of product liability law, you have read them all. After 27 years of practicing law in this area, I still remain flabbergasted that apparently no one reads owner’s manuals or warnings. <strong>The</strong> most conscientious plaintiffs will admit to having read only portions of their manuals. Naturally, the portion they chose was irrelevant to the subsequent injury. In September, I helped move my oldest daughter, Nancy—the third generation product liability defense lawyer in our family—into her apartment in Orange County, California. She called me one day from a gas station shortly after purchasing her new car. <strong>The</strong> conversation started like this: “Okay, Dad, so I haven’t read the owner’s manual, but can you tell me how…” Where did I go wrong Warnings topics are a fascinating part of product liability litigation. Back in 2007, this committee asked me to put together a compendium on the duty to warn in product liability cases. I turned to some of the best product liability lawyers in this country and asked them to help me put together a 50-state compendium on the duty to warn. This year, we have created the second version of this publication. It is entitled Product Liability: Warnings, Instructions, and Recalls. This new publication was put together so that there would be a comprehensive summary of the current U.S. common law, as well as international common, civil, and regulatory law. <strong>The</strong> publication addresses pre-sale warnings and post-sale duties to warn or fix a defective product. Not only does the publication address all 50 states, but we have also called upon firstrate <strong>DRI</strong> lawyers from outside the U.S. to assist in putting together an international publication. Ken Ross was the driving force behind this second edition. <strong>The</strong> Product Liability Committee started in the late 1970s and has continued to be one of <strong>DRI</strong>’s largest and most active committees. Committee members have published and spoken on virtually every aspect of product liability litigation. <strong>The</strong>y have put together some of the very best seminars that <strong>DRI</strong> has sponsored. Despite its rich history, the committee never rests. We are always looking for new topics for seminars, periodical articles, and compendia. <strong>The</strong> leadership of the Product Liability Committee consists of the very best that the defense bar has to offer. <strong>The</strong>re are 18 specialty law groups. <strong>The</strong>se specialty law groups focus on specific areas of product liability law, including Agricultural, Construction Mining & Industrial Equipment; Automotive; Aviation & Aerospace; Biomechanics & Injury Causation; Building Products; Chemical & Toxic Tort; Children’s Products; Consumer Goods & Office Equipment; e- Discovery; Fire & Casualty; Food Law; Hand & Power Tools; International; Manufacturers’ Risk; Mass Torts & Class Actions; Recreational Products; Scaffolds, Cranes & Aerial Devices; Trial Techniques, and Technology. When we put together our annual seminars, we focus on providing first-rate mainstage speakers. In addition, throughout the seminar, we schedule breakout sessions for each of our specialty law groups to focus on those issues that are important to them. Next year’s Product Liability Conference in National Harbor, Maryland, will be no different. Our program chair, Anne Talcott, and co-chair, James Weatherholtz, have worked hard to put together a terrific program. We will have regulators from NTSB, NHTSA, FDA, and CPSC. Our proximity to the nation’s capital gave us the opportunity to include these regulators. We are also inviting our clients to serve on panels alongside the regulators to give perspective to the topics. <strong>The</strong>se practical sessions will be invaluable for you and your practice. I am extremely excited about this program having top national product liability trial lawyers and an experienced jury consultant demonstrate various techniques for trial. At the end, these product liability lawyers will demonstrate their skills at giving closing arguments. <strong>The</strong>se closings will use a hypothetical fact pattern that is woven throughout the main stage talks. <strong>The</strong>se attorneys will not be permitted to view the other attorneys as they give their closing arguments. Mock jurors will be present. Our jury consultant will wrap up the seminar providing discussion, evaluation, and analysis of how the trial lawyers perform. So, not only will attendees be brought up to date on all current trends, but they will also observe masterful trial lawyers and their techniques. <strong>The</strong> seminar provides up to 18.75 credit hours including one hour of ethics credit. As with all Product Liability Conferences, there will be counsel meetings, a business meeting of this committee, and various networking opportunities. Please mark your calendars for April 3–5, 2013. Plan on joining us for a fantastic program. If you are already a member of our committee, I hope that you will become more involved. <strong>The</strong>re is plenty of work to do on this committee, including publishing, speaking, helping with membership, and assisting in the planning of our future seminars. If you are not already a member, I encourage you to join the Product Liability Committee. Spend some time on <strong>DRI</strong>’s website and look at the various opportunities that are available to you. Our leadership roster is posted on the Internet. If you find something that interests you, call me or the leader in charge of that group Greater, continued on page 82 <strong>For</strong> <strong>The</strong> <strong>Defense</strong> ■ <strong>November</strong> <strong>2012</strong> ■ 29
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