The New Jersey Law Journal recently published an article from Tanenbaum Keale LLP partner Timothy Freeman focused on product liability defense in the context of workplace accidents.  The article explores the nuances of product liability litigation arising from workplace accidents that occur when a powerful piece of equipment is used in a manner that is contrary to employers’ instructions and training, as well as common sense.  Such cases are often more difficult to defend than would be expected.

Freeman’s analysis appeared in the Product Liability & Class Actions Special Section.

“… [P]ractitioners should take note of the full array of potential defenses at the outset of a product liability lawsuit and begin to develop a strategy to evaluate whether they may provide a viable defense,” Freeman wrote in part. “In particular, counsel may want to create interrogatories and deposition questions that are designed to highlight the unforeseeable nature of the alleged misuse of a product, or the reckless conduct of the plaintiff and/or employer. If the facts can be developed in a manner that establishes or strongly suggests that misuse was unforeseeable, plaintiff’s recklessness was the sole proximate cause of the accident, or that a known risk was voluntarily assumed, summary judgment motions should be attempted.”

To read the full article, please click here. Note that a subscription may be required.