• attorney avatar attorney Posted: 7/1/2011 12:25pm PDT

    I'd love to have a cite the successful products liability claim premised upon lack of maintenance (i.e., failure to change brake fluid/replace bald tires). I won't hold my breath.

  • Cfthelin avatar Cfthelin Posted: 7/3/2011 10:06am PDT

    You said "I'd love to have a cite the ..."
    That is not clear. Do you mean to ask for a citation of a succesful case...
    I worked on many Products Liability cases. Those are directed to the maker of the part. He might use failure to maintain as a mitigating defense.
    Tell our readers more, please.

  • fb_100001663981238 avatar Daniel Posted: 7/1/2011 9:54am PDT

    I really dislike the "sue first, ask questions later" mentality. It is disappointing.

  • MarkBehr avatar MarkBehr Posted: 6/30/2011 11:46pm PDT

    It is only fair for both sides to be able to put their case to the jury - to think otherwise is "ludicrous" to use the term above!

  • fb_1510606196 avatar Carl Posted: 6/30/2011 10:31am PDT

    I was in that business since 1983. Initially I was an expert witness telling the jury why the Detroit Big Three were dragging their feet to avoid putting safety features into cars and pickup trucks. I worked with the crusaders for airbags, better seat belts (front and rear) stronger seats and roofs among other things now taken for granted today.

    But, around 1995 those good guys were outnumbered by greedy guys going after big bucks from car and insurance companies. By 2002 I knew I had to retire. Read about my career here http://cxsi.blogspot.com/ Florida, California and Texas were the worst states allowing junk science. Then TX did what FL just did.

  • fb_1491948054 avatar Kurt Posted: 6/30/2011 12:36pm PDT

    Carl, I'm not surprised that FL was one of the worst offenders, since many down here seem to have a "sue first, ask questions later" mentality. I'm glad to see that's been corrected, since frivolous lawsuits cost everyone more money in the long run.