Product Liability Lawsuit – Federal Court Civil Complaint and Jury Demand
Federal Court Civil Complaint, including claims for Strict Liability, Product Liability-Failure to Warn, Negligence, Breach of Warranty- Express and Implied, Fraud, Fraudulent Concealment, and Negligent Representation.
Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause.
Product Defects: Responsible Parties
For product liability to arise, at some point the product must have been sold in the marketplace. Historically, a contractual relationship, known as “privity of contract,” had to exist between the person injured by a product and the supplier of the product in order for the injured person to recover. In most states today, however, that requirement no longer exists, and the injured person does not have to be the purchaser of the product in order to recover. Any person who foreseeably could have been injured by a defective product can recover for his or her injuries, as long as the product was sold to someone.
Liability for a product defect could rest with any party in the product’s chain of distribution, such as:
-The product manufacturer;
-A manufacturer of component parts;
-A party that assembles or installs the product;
-The wholesaler; and
-The retail store that sold the product to the consumer.
Medical Malpractice Complaint – Vicarious Liability
Medical malpractice complaint, Uninformed consent, Vicarious Liability
Plaintiffs’ Brief on the Issue of Bifurcation
Plaintiff provides the instant brief on the issue of whether bifurcation of the liability and damages phases of the trial of this action is necessary. Bifurcation is a judge’s ability in law to divide a trial into two parts so as to render a judgment on a set of legal issues without looking at all aspects. In a bifurcated case, the issues of liability and damages are decided separately. The trier of fact will only decide the issue of liability at the first trial. If the defendant is not found to be liable, then there will be no damages trial.
Motion for Judgment not withstanding the verdict or Motion for New Trial
Judgment was entered against my client. We filed a motion based on the evidence for a new trial or in the alternative a Motion Not Withstanding the Verdict. My client was held liability for Outrageous Conduct and emotion distress
PLAINTIFFS’ MOTION FOR LEAVE TO FILE RESPONSE IN OPPOSITION TO DEFENDANT’S MOTION TO BIFURCATE TRIAL OF LIABILITY AND DAMAGES ISSUES OUT OF TIME
Plaintiff’s motion for leave to file response in opposition to defendant’s motion to bifurcate trial of liability and damages issues out of time.Â
MOTION TO BIFURCATE TRIAL OF LIABILITY AND DAMAGES ISSUES
Defendant’s motion to move pursuant to C.R.C.P 42 to bifurcate the trial of liability issues from the trial of damages issues.Â
Plaintiffs’ Motion in Limine to Preclude Defendants from Referencing Legally Incorrect Standard of Foreseeability Under Colorado’s Premises Liability Statue
PLAINTIFFS’ MOTION IN LIMINE TO PRECLUDE DEFENDANTS FROM REFERENCING LEGALLY INCORRECT STANDARD OF FORESEEABILITY UNDER COLORADO’S PREMISES LIABILITY STATUTE
Defendants’ Motion for a Protective Order to Sequence Discovery on Liability
A motion for protective order refers to a party’s request that the court protect it from potentially abusive action by the other party. Such a request is often made in relation to discovery, as when one party seeks discovery of the other party’s trade secrets. A protective order from discovery protects the person who would otherwise have to provide discovery (e.g. answer interrogatories, answer deposition questions on a subject, provide documents responsive to a request for production of documents, to allow someone to inspect premises, or to participate in a forensic medical.
Motion to Protect the Reliability and Fairness of the Proceedings and Defendant’s Fundamental Rights
Motion to Protect the Reliability and Fairness of the Proceedings and Defendant’s Fundamental Rights
Motions to Protect the Reliability and Fairness of the Proceeding and Defendant’s Fundamental RIghts
Motions to Protect the Reliability and Fairness of the Proceeding and Defendant’s Fundamental RIghts
DEFENDANT’S MOTION IN LIMINE RE: PLAINTIFF’S UPLEAD THEORY OF LIABILITY
DEFENDANT’S MOTION IN LIMINE RE: PLAINTIFF’S UPLEAD THEORY OF LIABILITY
Defendant’s Unopposed Motion in Limine RE: Liability Insurance
DEFENDANT’S UNOPPOSED MOTION IN LIMINE RE: LIABILITY INSURANCE