For The Defense, November 2012 - DRI Today

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. For 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. They 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.
The 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.
The 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. The 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
DRI lawyers from outside the U.S. to
assist in putting together an international
publication. Ken Ross was the driving force
behind this second edition.
The Product Liability Committee started
in the late 1970s and has continued to be
one of DRI’s largest and most active committees.
Committee members have published
and spoken on virtually every aspect
of product liability litigation. They have put
together some of the very best seminars
that DRI has sponsored. Despite its rich
history, the committee never rests. We are
always looking for new topics for seminars,
periodical articles, and compendia.
The leadership of the Product Liability
Committee consists of the very best that
the defense bar has to offer. There are 18
specialty law groups. These 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. These 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. These closings will use
a hypothetical fact pattern that is woven
throughout the main stage talks. These
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. The 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. There 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 DRI’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
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