Products Liability Depositions

Prod.Liab.01 Introduction 
Prod.Liab.02 Overview of Products Liability Law

[1]-Generally 
[2]-Negligence 
[3]-Breach of Warranty 
[4]-Strict Liability

Prod.Liab.03 Affirmative Defenses

[1]-To Negligence
[2]-To Breach of Warranty 
[3]-To Strict Liability 
[4]-Statutes of Limitations 
[5]-Statutes of Repose
[6]-Spoliation of Evidence

Prod.Liab.04 Overview of State Law

[1]-Alabama 
[2]-Alaska
[3]-Arizona 
[4]-Arkansas
[5]-California 
[6]-Colorado 
[7]-Connecticut 
[8]-Delaware 
[9]-District of Columbia 
[10]-Florida 
[11]-Georgia
[12]-Hawaii 
[13]-Idaho 
[14]-Illinois
[15]-Indiana 
[16]-Iowa 
[17]-Kansas
[18]-Kentucky
[19]-Louisiana
[20]-Maine 
[21]-Maryland
[22]-Massachusetts
[23]-Michigan
[24]-Minnesota 
[25]-Mississippi 
[26]-Missouri
[27]-Montana 
[28]-Nebraska
[29]-Nevada
[30]-New Hampshire
[31]-New Jersey 
[32]-New Mexico 
[33]-New York 
[34]-North Carolina
[35]-North Dakota
[36]-Ohio 
[37]-Oklahoma 
[38]-Oregon
[39]-Pennsylvania 
[40]-Rhode Island
[41]-South Carolina
[42]-South Dakota 
[43]-Tennessee 
[44]-Texas
[45]-Utah 
[46]-Vermont
[47]-Virginia
[48]-Washington 
[49]-West Virginia 
[50]-Wisconsin 
[51]-Wyoming

Prod.Liab.05 Identification of Major Issues

[1]-Defective Condition
[2]-Defective Design 
[3]-Inadequate Warnings or Instructions

Prod.Liab.06 Expert Witnesses

[1]-Generally 
[2]-Checklist: Plaintiff's Examination of Expert 
[3]-Checklist: Defendant's Examination of Expert

Prod.Liab.07 Pre-Deposition Considerations

Prod.Liab.08 Preparation of Witnesses 

Prod.Liab.09 Conduct of Deposition

Prod.Liab.10 Illustrative Depositions (This includes all Forms)

[1]-Fact Witnesses

Form No. 1: Design Defect: Accident Allegedly Caused by Defective Tire-Examination of Highway Patrolman by Counsel for Defendant-Manufacturer 
Form No. 2: Design Defect: Injury Caused by Subsequently Modified Power Press-Examination of Plant Engineer by Counsel for Plaintiff 
Form No. 3: Design Defect: Accident Allegedly Caused by Defectively Designed Motorcycle-Examination of Plaintiff by Counsel for Defendant-Manufacturer 
Form No. 4: Design Defect: Crash Allegedly Caused by Defectively Designed Ultralight Aircraft-Examination of Plaintiff-Operator by Counsel for Defendant-Manufacturer 
Form No. 5: Design Defect: Infertility Allegedly Resulting From Defective Medical Product (IUD)-Examination of Plaintiff-Wife by Counsel for Defendant 
Form No. 6: Design Defect: Infertility Allegedly Resulting From Defective Medical Product (IUD)-Examination of Plaintiff-Husband by Counsel for Defendant 
Form No. 7: Design Defect: Head Injury Caused by Defective Helmet-Examination of Chief Executive of Defendant-Helmet Manufacturing Company by Counsel for Plaintiff 
Form No. 8: Design Defect: Head Injury Caused by Helmet-Examination of Plaintiff by Defendant's Attorney 
Form No. 9: Design Defect: Burns Caused by Boiling Water Discharged From Collapsed Styrofoam Cup-Examination of Plaintiff by Counsel for Defendant-Manufacturer 
Form No. 10: Design Defect and Failure To Warn: Injury Caused by Lack of Warning and/or Safety Guard-Examination of Plaintiff-Sole Witness by Counsel for Defendant-Manufacturer 
Form No.11: Design Defect: Head Injury Caused by Helmet in Snowmobile Accident-Examination of Occurrence Witness by Defendant’s Attorney 
Form No. 12: Design Defect in Trailer Tank-Examination of Defendant Chemical Company’s Vice President by Attorney for Co-Defendant Steel Mill 
Form No. 13: Design Defect in Trailer Tank-Examination of Plaintiff by Attorney for Defendant Steel Company 
Form No. 14: Design Defect: Amputation of Hand Because of Defectively Designed Agricultural Machine-Examination of Plaintiff by Counsel for Defendant
Form No. 14A: Hand Injury Caused by Beer Bottle Cap-Examination of Plaintiff-Oral Surgeon by Counsel for Defendant Brewer 
Form No. 14B: Deficiencies in Instructions Regarding Scooter-Examination of Distributor of Scooter
Form No. 14C: Design Defect: Death Due to Faulty Design and Location of Seat Belt in Utility Vehicle -- Examination of Witness-Supervisor of Decedent by Counsel for Plaintiff
Form No. 14D: Design Defect and Failure to Warn: Injuries to Renter of Personal Watercraft Caused by Alleged Throttle Defect -- Examination of Plaintiff by Counsel for Defendant-Rental Company and by Counsel for Defendant-Manufacturer
Form No. 14E: Manufacturing and Design Defects: Injuries to Operator of Side-by-Side Utility Terrain Vehicle Caused by Defective Shift Mechanism--Examination of Plaintiff by Counsel for Defendant-Manufacturer

[2]-Expert Witnesses

[a]-Attacking the Expert's Qualifications and Conclusions

Form No. 15: Design Defect: House Fire Allegedly Caused by Defect in Television-Examination of Plaintiff's Expert by Counsel for Defendant-Manufacturer 
Form No. 16: Design Defect: Injury Caused by Heavy Forklift Truck-Examination of Plaintiff's Safety Engineer by Counsel for Defendant-Manufacturer 
Form No. 17: Defective Condition: Fire Allegedly Caused by Oil-Filled Electrical Switch-Examination of Plaintiff's Expert by Counsel for Defendant-Manufacturer 
Form No. 18: Hearing Loss Resulting From the Use of Tampon-Examination of Defendant's Expert by Plaintiff’s Attorney 
Form No. 19: Contaminated Blood: Inadequate Testing of Blood Allegedly Contaminated with the Hepatitis-C Virus-Examination of Plaintiff’s Expert by Counsel for Defendant-Blood Supplier 
Form No. 20: Design Defect: Single Vehicle Accident Allegedly Caused by an Unstable All Terrain Vehicle-Examination of Plaintiff’s Design Defect and Accident Reconstruction Expert by Counsel for Defendant-Manufacturer 
FORM NO. 20A: Defective Condition: Improper Assembly of Motorcycle Clamp Bolts-Examination of Mechanical Engineer Retained by Plaintiff

[b]-Expert Opinions: Design and Condition Defects

Form No. 21: Design Defect: House Fire Allegedly Caused by Defective Television Set-Examination of Plaintiff’s Expert by Counsel for Defendant-Manufacturer 
Form No. 22: Design Defect: Property Damage Allegedly Caused by Defective Microwave Oven-Examination of Plaintiff’s Fire Origin Expert by Counsel for Defendant-Manufacturer 
Form No. 23: Defective Condition: Fire Allegedly Caused by Defect in Air Conditioner-Examination of Plaintiff’s Expert by Counsel for Defendant-Manufacturer 
Form No. 24: Design Defect: Collision Allegedly Caused by Defectively Designed Snowmobile-Examination of Plaintiff’s Design Expert by Counsel for Defendant-Manufacturer 
Form No. 25: Defective Condition: Accident Allegedly Caused by Defect in Motorcycle-Examination of Plaintiff’s Accident Reconstruction Expert by Counsel for Defendant-Manufacturer 
Form No. 26: Injury From Tractor Shifting into Gear Allegedly Because of Defective Design of Transmission-Examination of Plaintiff’s Expert by Defendant’s Attorney 
Form No. 27: Manufacturer’s Design Defect and Failure To Warn Resulting in Death of Rider of All Terrain Vehicle-Examination of Plaintiff’s Design Engineering Expert by Counsel for Defendant 
Form No. 28: Manufacturer’s Design Defect and Failure To Warn Resulting in Death of Rider of All-Terrain Vehicle-Examination of Defendant’s Expert by Counsel for Plaintiff 
Form No. 29: Design Defect: Automotive Accident Allegedly Caused by the Failure of a Trailer Manufacturer to Outfit a Trailer with Conspicuous Tape-Examination of Plaintiff's Optics Expert by Counsel for Defendant-Manufacturer
Form No. 29A: Manufacturer’s Design Defect and Failure to Warn Resulting in Death of Operator of Utility Vehicle-Examination of Plaintiff's Expert on Blood Alcohol Testing by Counsel for Defendant-Manufacturer 
Form No. 29B: Manufacturer's Design Defect: Wrongful Death Caused by Fire as a Result of Alleged Design Defect in Kerosene Powered Portable Heater-Examination of Assistant Fire Marshal by Counsel for Defendant-Manufacturer 
Form No. 29C: Manufacturer's Design Defect: Wrongful Death Caused by Fire as a Result of Alleged Design Defect in Kerosene Powered Portable Heater-Examination of Deputy Coroner by Counsel for Defendant-Manufacturer
Form No. 29D: Design Defect: Death Due to Faulty Design and Location of Seat Belt in Utility Vehicle -- Examination of Pathologist by Counsel for Defendant Utility Vehicle Manufacturer
Form No. 29E: Design Defect: All-Terrain Vehicle Accident Resulting in Facial Fractures to Unhelmeted Operator Due to the Vehicle's Defective Design -- Examination of Bio-Mechanical Engineer Expert by Counsel for Plaintiff regarding the Effect of a Helmet in Reducing Such Injuries

[c]-Expert Opinions: Failure To Warn

Form No. 30: Failure To Warn: Action Arising From Use of Defective Drain Cleaner-Examination of Defendant-Chemist by Counsel for Plaintiff 
Form No. 31: Failure To Warn: Injury Allegedly Caused by Exposure to Industrial Solvent-Examination of Plaintiff's Medical Expert by Counsel for Defendant Manufacturer 
Form No. 32: Failure to Warn: Injury Allegedly Caused by Prenatal Exposure to Pesticides-Examination of Plaintiff's Rehabilitation Expert by Counsel for Defendant-Manufacturer

[3]-Non-Party Witness

Form No. 33: Design Defect: Accident Caused by Tipping of Special Purpose Steel Mill Vehicle-Examination of Adverse Non-Party Manufacturer by Plaintiff

[4]-Assumption of Risk

Form No. 34: Hand Injury Involving an Industrial Paper Cutter With a Broken Safety Latch-Examination of Plaintiff-Press Operator by Counsel for Defendant-Manufacturer 

Prod.Liab.11 References

Index