Hot Topics in Products Liability Law: Data Can be Used in Products Liability Cases as a Sword and as a Shield
April 3, 2023
by Devin R. Bates
In a past blog post, we predicted that data is arguably the products liability issue of the future. Dealing with data is already often a critical part of products liability lawsuits, but with the rise of artificial intelligence (AI) and automation, product manufacturers must deal with the reality…
Hot Topics in Products Liability Law: Collection and Use of Data is THE Products Liability Issue of the Future
March 28, 2023
by Devin R. Bates
Data is arguably the products liability issue of the future. Dealing with data is often already a critical part of products liability lawsuits, but with the rise of artificial intelligence and automation, product manufacturers must deal with the reality that there is more data being generated than…
Hot Topics in Products Liability Litigation: The Depreciation-Based Injury Theory Used to Support Standing in a Products Case
March 20, 2023
by Devin R. Bates
The depreciation-based injury theory is a method that has been increasingly tested by the plaintiffs’ bar to support the assertion of standing necessary to bring a product liability case. Under this theory, a plaintiff who has purchased a product that later depreciates in value due to a defect or…
Products Liability Series: Does Arkansas Recognize the Learned Intermediary Doctrine?
Does Arkansas recognize the learned intermediary doctrine? Yes. In Arkansas, the learned intermediary doctrine is an affirmative defense to a strict liability product claim. Although Arkansas law has only recognized the doctrine in the context of prescription drug claims. West v. Searle & Co., 305…
Products Liability Series: Does a Plaintiff Have a Duty to Mitigate Damages Under Arkansas Law?
Does a plaintiff have a duty to mitigate damages under Arkansas law? Yes. An injured person must use ordinary care to seek out treatment and follow the advice of physicians. Any damages resulting from a failure to use such care cannot be recovered. AMI 2214. This applies to property or business…