Leading Product Liability Lawyers

David Reif, Inside the Minds Staff9781587622335, 1-58762-233-5

Inside the Minds: Leading Product Liability Lawyers is the most authoritative book ever written on the essentials behind the successful practice of product liability law. This title features Group Chairs and Department Heads of product liability from some of the nations top law firms, who have each contributed chapters akin to objective, experience-related white papers or essays on this particular specialization within the legal field. In an over-arching as well as in-depth presentation of the fundamentals, authors articulate the unspoken rules and the important issues facing any product liability lawyer now, and what will hold true into the future. From examining the fundamental role of the lawyer and the lawyer-client relationship, to evaluating changes in product liability legislation industry-wide and addressing the need for innovation, this book pulls readers through all facets of product liability, from beginning to end. The different niches represented and the various perspectives presented enable readers to get inside great legal minds and gain valuable insights into the industry, as the experts go back to basics in a must-read for anyone interested in product liability, the law and the intersection of the two.

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Table of contents :
Table of Contents……Page 1
BackCover……Page 2
Inside the Minds – Leading Product Liability Lawyers – Industry Insiders on the Art & Science behind a Successful Product Liability Practice……Page 3
Understanding Your Client……Page 5
Defending the Product Liability Case……Page 6
Mitigating Product Liability Risk……Page 7
Product Liability and the Consumer……Page 8
The Role of Product Liability Law in Society……Page 9
Recent Trends in Product Liability Law……Page 10
Legal Ethics……Page 11
Product Liability Defense – Applying the Rule of Law Now and In the Future……Page 12
Assembling the Case for Trial……Page 13
Trying the Case……Page 14
Applying Critical Thinking……Page 15
An Advantage for the Defense……Page 16
Mitigating Product Liability Risks……Page 17
Problems with the Legal System’s Approach to Product Liability Cases……Page 18
Thoughts for the Future: Procedural Reforms……Page 19
Thoughts for the Future: Substantive Change……Page 20
Concluding Thoughts……Page 21
Minimizing Product Liability Risk……Page 22
Minimizing Product Liability Risk……Page 23
Winning at Trial……Page 25
Rewards of Practicing Products Liability……Page 27
Changes in the Field of Product Liability Law……Page 28
Product Design and the Litigation Process……Page 29
And What Distinguishes a Good Lawyer From a Bad One?……Page 30
What Characteristics Make Up the Successful Trial Lawyer?……Page 31
Jury Trials Aren’t for Everyone!……Page 33
How Can a Corporation Avoid This Litigation Process?……Page 35
So What Makes Products Unsafe?……Page 36
What Can a Company Do To Make Their Exposure Lower?……Page 37
Issues for Future Litigation……Page 39
The Successful Product Liability Lawyer……Page 41
Benefits of Product Liability Laws vs. Creating New Dangers……Page 42
Confusion About Product Liability Laws……Page 43
Defending Companies Against Lawsuits……Page 45
Insured vs. Self-Insured Companies……Page 46
Statutes of Repose/Subsequent Design Change……Page 47
Changes in the Industry……Page 48
The Product Liability Lawyer – Spotlight on the Defense Council……Page 49
Litigation Issues……Page 50
Expert Witnesses……Page 52
Limiting Liability Exposure……Page 53
Impact of Alternative Designs……Page 54
Warnings and Instructions……Page 55
Records Retention……Page 56
Employee Education……Page 57
Employees and Document Creation……Page 58
Consistent Legal Counsel……Page 60
Changes in Product Liability Law……Page 61
Product Liability Law – Where the Rubber Meets the Road……Page 63
Misconceptions About Product Liability Law……Page 66
Types of Products Lawsuits……Page 67
Avoiding Liability……Page 69
Changes and Reform……Page 71
Learning the Science Behind Product Liability Law……Page 73
Trial Issues……Page 74
Ways to Limit Your Company’s Exposure……Page 77
Product Liability Challenges……Page 79
Two Sides of Product Liability Law……Page 80
Defending America’s Manufacturers – Challenges, Rewards and Successful Strategies……Page 81
Challenges and Rewards of a Product Liability Practice……Page 83
The Role of the Product Liability Lawyer……Page 84
Building a Defense……Page 86
Dealing with Juries in Product Liability Cases……Page 87
Reducing Risk……Page 88
Telling the Story – The Product Liability Lawyer as a Teacher……Page 90
Break the Case Down Into Its Most Basic Components……Page 91
Teaching the Basics……Page 92
The Right Expert……Page 93
The Generic ” Safety ” Expert……Page 94
Be Visual……Page 95
Have a Story……Page 96
The Responsibility Issue……Page 98
The Marks of a Good Product Liability Lawyer……Page 99
The Daubert Hearing……Page 100
Mitigating Product Exposure Risk……Page 102
Changes and Innovations in Product Liability Law……Page 103
Lessons Learned……Page 104
Teaching the Importance of Consistency……Page 105
Product Concerns……Page 107
Advice for Clients……Page 108
Trial Approaches……Page 110
Current and Future Trends……Page 113
Balancing Product Innovation & Product Safety……Page 115
Product Liability Trials……Page 116
Challenges and Success……Page 117
Managing Risk and Liability……Page 119
Changes in Product Liability Law……Page 121
Defending the Client……Page 122
Success – Blending Trial Experience with Honesty……Page 123
To Settle the Case or to Try It……Page 124
Staying Aware……Page 125
Societal Impact……Page 126
Challenges and Risks……Page 127
The Product Liability/Class Action Hybrid……Page 128