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American Law of Products Liability 3d
- This is by far one of the most useful treatises an attorney who is practicing product liability could have. It provides the full scope of products liability law, including substantive, procedural, statutory, and case law. It also includes practice commentary, forms, checklists, jury instructions, pattern discovery materials, and sample pleadings. It even contains a practice aid component and has helpful resources for particular products. It provides a fantastic overview of everything someone needs to know about product liability law. It is also updated every so often, and the most recent update is August 2017. It does not provide extremely current information, but it is updated.
- Unfortunately, this is a very expensive treatise to buy on its own through Thomson Reuters (and you will not get the updates sent to you if you purchase the physical copy of the treatise). However, you can purchase a Westlaw subscription and access it that way, and it might be more practical to do that if you plan on using it often and want the updates.
- Although it is expensive, I would purchase this treatise and consult it often if I were new to product liability law because it provides such a great overview and explains a lot of concepts. If I were more experienced, it may not be as useful because it does not provide extremely current information (it is a few months old currently) and also includes the practice forms, which the attorney may not need and adds to the expense.
- Click here to access online if you already have a Westlaw subscription that covers this treatise.
American Jurisprudence 2d, Volumes 63, 63A, 63B: Products Liability
- Another great treatise is American Jurisprudence 2d. This treatise covers many areas of law, not just products liability. However, it does cover product liability law fairly in depth in Volumes 63, 63A, and 63B. However, it is a bit more broad than the American Law of Products Liability 3d Treatise and does not have the practice commentary, forms, checklists, jury instructions, or anything like that. It focuses mostly on the primary law itself (both state and federal level cases included). It is updated quarterly and was last updated in November of 2017.
- Again, unfortunately, this is not a free resource. You can buy the book individually from Thomson Reuters, but it is rather expensive and you will not receive the updates. There is an online version on Westlaw and on LexisNexis you can access through a Westlaw or LexisNexis subscription. You will be able to access the updated information that way, and this might be more practical if you plan on using it often.
- Compared to the American Law of Products Liability treatise, if I were new to the law of products liability, I would not consult this treatise as often because it does not provide those aids to help in practice for attorneys and the American Law of Products Liability covers a lot of similar information covered in this treatise. However, if I was a bit more experienced, I may use this treatise instead of the American Law of Products Liability because I would likely not need the materials that help in practice (like checklists). There is an American Jurisprudence Legal Forms, but it does not provide nearly as much information as the American Law of Products Liability.
- Click here to access on Westlaw if you already have a subscription that covers this treatise. I prefer the navigability of Westlaw a little more because it keeps the table of contents on the left of the screen and you can click through that way, instead of having to go back every time you want to go to a different part of the Products Liability Volumes.
- Alternatively, click here to access on LexisNexis if you already have a subscription that covers this treatise.
Products Liability Law by
Publication Date: 2008-08-11
Provides an updated examination of products liability law and theory in action. Topics include detailed treatments of theories of liability, product defectiveness, causation, defenses, and proof; considerations of various special types of litigation; and punitive damages. Throughout, the treatise explores the underlying tensions and policies in this area of law and explains the impact of the Restatement of the Law of Torts, Third: Products Liability. I would use this source to understand more about product liability law as it provides great background knowledge and is relatively inexpensive (especially compared to the other treatises). However, it is not available online and the online versions are much more navigable. It is a much more affordable option if the other treatises are too expensive. Available for purchase and is accessible in the Mizzou Law Library. This goes more in depth than Owen's "In a Nutshell" book highlighted first in the "Books" section.
Practice Aids & Law Journals
American Law of Products Liability 3d
- See the "Treatises" section for a description of the practice aid components the American Products of Liability 3d offers.
Missouri Practice Series - Personal Injury and Torts Handbook
- Chapter 38 is the one for product liability (but there are other chapters you can utilize when you research product liability law), and I would argue this is a necessary source for practicing in Missouri. It is written by expert judges and practitioners focusing on the practice of law in Missouri and is a great source for finding primary Missouri law on product liability issues. The treatises described provide a great overview, but none of them focus on Missouri. It provides a lot of great information, like the elements of the action for a product liability claim, recognized defenses, pleading requirements, evidence, damages that can be sued for, and much more. It also provides a form for filing for damages for asbestos exposure.
- The information is rather current; it was most recently updated in August of 2017. It is also very navigable and easy to use and search to find exactly what you are looking for.
- Unfortunately, it is only available through Westlaw. If you are going to practice product liability law in Missouri, the Missouri Practice Series is worth the money because it contains a lot of great Missouri-specific primary authority and will save you a lot of time in your research.
- If you already have a Westlaw subscription that covers the Missouri Practice Series, click here to access Chapter 38 of the Missouri Practice Series.
Mo Bar CLE - Missouri Tort Law
- Chapter 15 is the Products Liability chapter. Similar to the Missouri Practice Series, it provides a great overview of Missouri-specific product liability law and provides a vast amount of primary resources. It includes topics such as elements of a claim for product liability, defenses, who can sue, who can be sued, and a lot of other useful information. It is not as user-friendly to click through as the Missouri Practice Series is, and does not provide the practice forms like the Missouri Practice Series does. I would recommend, out of the Mo Bar CLEs and the Missouri Practice Series, to stick with the Missouri Practice Series for its navigability and practice forms. I prefer the navigability of Westlaw a little more because it keeps the table of contents on the left of the screen and you can click through that way, instead of having to go back every time you want to go to a different part of the Products Liability chapter.
- It seems to be current; coverage is from 2016 to current (4th Edition; 2016). It is not very user-friendly, and requires a bit more clicking around, but still has great information.
- It is only available on LexisNexis. I am not entirely sure of the cost comparison between LexisNexis and Westlaw. However, if you think a Westlaw subscription is too expensive or your firm already has LexisNexis, this is a great option to find Missouri-specific law.
- If you already have a LexisNexis subscription, click here to access the Mo Bar CLE - Missouri Tort Law.
Food and Drug Law Journal
- This is a peer-reviewed journal, published quarterly (so it is rather current), that is devoted to the scholarly analysis of legislation, regulations, court decisions, and public policies affecting the development, manufacture, marketing, and use of foods, drugs, biologics, cosmetics, medical devices, and tobacco.
- This is a great journal to look at if you are working on a case that deals with drugs, medical devices, or tobacco (or if you work at a firm that specializes in these areas).
- It is available on Westlaw and LexisNexis, but you can also subscribe to it individually if you do not want to subscribe to either source.
- If you already have a Westlaw subscription that covers this Food and Drug Law Journal, click here to access.
- Alternatively, if you have a LexisNexis subscription that covers this journal, click here.
- If you do not have a subscription to either one of these sites, but want to subscribe to the Food and Drug Law Journal, click here.
Free Blogs & Articles
Product Liability & Mass Torts Blog: Schiff Hardin
A great blog to consult to stay on top of product liability and mass tort news. It discusses major decisions, regulations, and studies. Schiff Hardin is a very reputable firm, and this blog provides great updates. Product liability attorneys often are involved in mass tort lawsuits, so staying on top of this area of law is important. I would consult this source for current information regarding important influential decisions and regulations. It also updates often, so information should be recent and accurate.
Drug & Device Law Blog
While this blog focuses on the drugs and devices aspect of product liability, this is an important area of product liability law that should be paid attention to. It updates readers on recent developments that concern defending against drug and device product liability claims. This is helpful for plaintiff's attorneys to read to get the perspective of the other side, and this should be consulted if you are practicing in the drug and device realm of product liability law. It also updates often, so information should be recent and accurate.
The Legal Reader
While this blog does not focus on product liability law, it still provides great updates on important developments in product liability law. It is a bit tougher to find relevant posts, though, as you have to click around and search to find the product liability-related posts. This source should be consulted because it provides great, detailed up-to-date information. It also updates often, so information should be recent and accurate.
What is Product Liability?
This article on FindLaw provides a helpful breakdown of what exactly product liability law is, who the responsible parties generally are in product liability lawsuits, and the kinds of product defects people can sue for. This is a good resource for someone very inexperienced in product liability law to help get their feet wet, and should be consulted if you are very new to the area of law. There is no date on the article, but it seems to be a very recent article - it also writes about relatively stable areas of law that likely are not going to change.
Legal Issues in Missouri Product Liability Cases
This article, written by the law firm M. Blake Heath, discusses three important areas of Product Liability Law in Missouri: evidence of seatbelt use, scope of discovery, and evidence of past similar incidents. It provides great primary authority for each of these areas, and should be consulted for a starting point on each of these areas. There is not a publishing date on the article, so be careful and make sure the authority stated is still good law.
Products Liability in a Nutshell by
Publication Date: 2008-10-08
This book provides an overview of products liability law, organizing and explaining the essential history, developments, policies, and tensions of this field of law succinctly yet comprehensively. It examines classic and recent case and other developments in products liability law, including topics like theories of liability, definitions and proof of product defects, and much more. I would consult this source if I was relatively unfamiliar with the area of product liability or needed a quick refresh on certain aspects of product liability law. It is also relatively inexpensive, so it is a great aid for those new to the area of product liability law. This book is available for purchase online and in the Mizzou Law Library Reserve Room.
Products Liability Law by
Publication Date: 2016-02-07
This is a careful and comprehensive look through the background of the body of law of products liability. The book covers several topics, ranging from warranties to misrepresentation to negligence and a lot of other very relevant topics. The relative youth and malleability of products liability law means that particular cases are often determined less by strict legal technicalities and more by the manner in which a case is plausibly framed. It also discusses the techniques that help decide products liability cases. While this book does not address Missouri law specifically, it provides a good overview of product liability law and the techniques attorneys use to help win cases. It is not as inexpensive as the Nutshell book, but it is still available for purchase and relatively inexpensive. It is also available in the Mizzou Law Library.
Understanding Products Liability Law by
Publication Date: 2006-01-01
This provides an explanation of products liability law that is somewhat easier to understand. If you are stuck on a concept and it is just not making sense, this is a great book to consult. While it is a bit dated (almost 11 years old), it will still help understand the historical concepts that haven't changed much. It is available to purchase online (and there are more recent versions available for purchase) and is accessible at the Mizzou Law Library.