Products Liability

Cybersecurity Procedures – Protect Your Data

“Cybersecurity – the state of being protected against the criminal or unauthorized use of electronic data, or the measures taken to achieve this.” Jeremy Ward is giving a presentation on Cybersecurity threats facing the construction industry to the ALFA International Construction Practice Group in Banff, Alberta on July 26, 2018.  Jeremy and fellow specialists David …

Liability of Component Part Manufacturer in Relation to Whole Product Manufacturer

Liability of Component Part Manufacturer in Relation to Whole Product Manufacturer A. Tort Claims 1. Generally A final product assembler who takes products manufactured by a number of companies to create an end product is ultimately responsible for the end product if it is defective and injures a plaintiff. However, the final product assembler is …

Enforceability of Pre-Liability Waivers (“Exculpatory Clauses”)

Enforceability of Pre-Liability Waivers (“Exculpatory Clauses”) – Although Oklahoma looks upon liability waivers with a somewhat jaundiced eye, such waivers can be valid if a series of conditions are satisfied. A. Main Cases and Limitations The Oklahoma Supreme Court has a history of recognizing pre-liability waivers, also called exculpatory clauses, in certain circumstances. See, e.g., …

2014 Franden Farris Super Lawyers & Rising Stars

“Super Lawyers” in Oklahoma are nominated by their peers, evaluated by researchers who review online databases and legal publications, and information supplied by lawyers. Candidates are grouped according to their practice areas, and a point system is used to determine the winning lawyers. Joe Farris is among the Top 10 Super Lawyers in Oklahoma. Paula …

2013 Franden Farris Super Lawyers & Rising Stars

Eleven Franden Farris lawyers (85% of the firm’s practicing lawyers) are among Oklahoma’s Super Lawyers for 2013. “Super Lawyers” in Oklahoma are nominated by their peers, evaluated by researchers who review online databases and legal publications, and information supplied by lawyers. Candidates are grouped according to their practice areas, and a point system is used to determine …

Codified Protections for Product Manufacturers, Sellers, & Distributors, 76 O.S. Section 57.2

On April 28, 2014, Oklahoma House Bill Number OK547HB 3365 (“HB 3365”) passed. The new statute relates to product liability actions, will be codified at 76 O.S. § 57.2, and becomes effective November 1, 2014. The statute provides a rebuttable presumption the manufacturer, or seller, of a product is not liable for an injury if: …

Oklahoma Amends Discovery Statute

OKLAHOMA LEGISLATURE AMENDS DISCOVERY STATUTE House Bill 3375 becomes effective November 1, 2014.  It is procedural in nature, so it will immediately apply in all cases on November 1, 2014, regardless of when they were filed or when the cause of action accrued. House Bill 3375 amends 12 O.S. § 3226(A)(1) by including that parties …

Rational Use of Product Act – Proposed Oklahoma Legislation

Proposed legislation is before the Oklahoma Senate pertaining to product liability claims in Oklahoma. The proposed legislation, if enacted, would provide further protections for product manufacturers. The “Rational Use of a Product Act,” would include the following provisions: A seller is not liable in a civil action for harm caused by unreasonable misuse of its …

Summary Judgment Obtained for Manufacturer in Products Liability Case

Jason Goodnight recently obtained an order granting summary judgment to a manufacturer who was sued in federal court for an allegedly defective brake press which crushed an employee’s hand, requiring partial amputation of the employee’s arm.  Plaintiffs claimed the device should have contained certain safety features which would have prevented the accident and that inadequate …

Elements of a Claim Against a Manufacturer for Products Liability under Oklahoma Law

Per Oklahoma’s Uniform Jury Instruction No. 12.1 the elements of a claim for manufacturers’ products liability are: A party claiming damages under Manufacturers’ Products Liability has the burden of proving each of the following: 1. The Defendant manufactured, sold, or leased the product in question; 2. The Defendant was in the business of manufacturing, selling, or …