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Products Liability

Injuries and death caused by defective products continues to be an important safety problem. This includes injuries and death caused by prescription medications, medical devices, tobacco, asbestos, personal care products, chemicals, defectively designed automobiles, self-driving cars, and any other product that can endanger people. Sometimes products claiming to protect or cure people, are the exact thing that hurts or kills them.

As plaintiff lawyers, part of our job is minimizing or preventing public harm. History has demonstrated the public safety benefits obtained by lawyers. This has included everything from incentivizing car companies to not put explosive vehicles on the roadway, to stopping the sale of drugs that cause severe birth defects, to curbing products known to cause cancer, to requiring drug companies to disclose all known side effects of a drug to consumers so that they can make an informed decision about whether to take the drug. Given the number of Americans hurt and killed every year by dangerous or defective products, it is no surprise that product liability is the second leading area of personal injury practice, with approximately 33% of plaintiff lawyers' handling product liability cases. 

The risk of accepting a line of cases pertaining to a specific defective product and then losing those cases has destroyed large and successful law firms. It can be years between accepting the case and getting to settlement or trial, and can involve massive costs. Case selection skills are critical, and often involve hiring multiple experts to review the case before you ever accept the case.

One of the most common problems for lawyers handling these cases, is that unlike auto cases, the “rules” surrounding the creation of a dangerous or defective product, are not as clear as rules that govern drivers in an auto case. There are generally not bright line rules. If the defense keeps you in that “grey area,” where you cannot prove that what the defendant did was careless according to company or industry standards, you will lose. Once you lose a case of first impression, it may make it impossible to stop something that is a clear danger to the public. And recent case law makes it even more difficult because you can’t resolve an issue nationally, but rather may need to go state by state to stop the danger.

With so much at stake in these cases, combined with the need to protect the public from dangerous products, Trial Guides recognizes the invaluable contribution that product liability lawyers provide society in attempting to keep the injury and death rate from dangerous products to a minimum. As a result, Trial Guides has created a library of books and videos aimed at helping product liability lawyers to win for their clients. These product liability legal resources will help any lawyer, at any experience level to handle these cases better, increasing your likelihood of winning cases that otherwise would result in a defense verdict.


Top 9 Products Liability Resources for Lawyers

To see all products sold by Trial Guides that relate to products liability cases, please click the button at the bottom of the page.

Recommended Resources

Rules of the Road: A Plaintiff Lawyer’s Guide to Proving Liability - Trial Guides

Rules of the Road: A Plaintiff Lawyer’s Guide to Proving Liability

Rules of the Road™ is America’s bestselling text on proving liability. Since its original release in 2006, it has helped lawyers throughout the country win six-, seven-, and eight-figure verdicts in cases with difficult liability. The book is Trial Guides #1 bestselling book, is widely discussed in CLE lectures and legal Listservs by the country’s leading lawyers, and is taught in trial advocacy classes in numerous law schools. It is considered a "must-read” book for every plaintiff’s lawyer, and is heavily referenced by other leading advocacy texts including David Ball on Damages 3, and Reptile by David Ball and Don Keenan. Rules of the Road ™ does not simply cover motor vehicle cases as the name may suggest. Instead, it teaches a systemati...

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David Ball on Damages 3 - Trial Guides

David Ball on Damages 3

David Ball on Damages 3 from Trial Guides on Vimeo. David Ball on Damages is America's bestselling text on proving damages. Now, David Ball on Damages 3 teaches you how to integrate the Reptile and Rules of the Road™ methods, along with new voir dire techniques, into the classic Damages method. Damages 3 provides step-by-step guidance on how to prepare opening statements; how to handle cross-examinations and defense "expert" examinations; and new, key methods that explain the relationship between liability and damages. David Ball on D...

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30(b)(6): Deposing Corporations, Organizations & the Government, Second Edition - Trial Guides

30(b)(6): Deposing Corporations, Organizations & the Government, Second Edition

30(b)(6): Deposing Corporations, Organizations & the Government is the leading text on FRCP 30(b)(6) depositions, and state equivalents. For years, advocates have quibbled over the thirty-eight deceptively simple words of Rule 30(b)(6) and asked themselves, “How do I depose something that isn’t a person?” 30(b)(6): Deposing Corporations, Organizations, and the Government is the definitive tool you need to cut through the smokescreens and end the runaround once and for all. This practical book helps you draft 30(b)(6) notices, and teaches how to keep the witness on track with providing answers on behalf of the corporation, organization, entity of governmental body. A great case needs great evidence. The best techniques in case framing, storytelling,...

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Winning Case Preparation: Understanding Jury Bias - Trial Guides

Winning Case Preparation: Understanding Jury Bias

Since 2005, trial consultants David Bossart, Gregory Cusimano, Edward Lazarus, and David Wenner have been involved in some of the largest plaintiff’s verdicts in the country, totaling more than $4 billion. In Winning Case Preparation: Understanding Jury Bias, the top experts in jury bias offer a proven method of case preparation—whether you’re seeking to settle a minor impact case or gearing up for a massive medical malpractice trial—that is based on years of evidence-based research and experience. The authors demonstrate how to analyze your case to determine its strengths and weaknesses, avoid being blindsided by issues you were unaware of, and offer a proven way of increasing the likelihood of your success. Their framework for how to prepare a case can help you bett...

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Moe Levine on Advocacy - Trial Guides

Moe Levine on Advocacy

Moe Levine on Advocacy from Trial Guides on Vimeo.   Moe Levine was a pioneer in educating fellow trial lawyers on trial strategy, issue framing, and the mastery of forensic medicine. He has provided inspiration to many of the nation’s leading lawyers. His ideas are timeless, and apply as much today as when he used them over thirty years ago. This collection of his publicly available lectures and trial transcripts is the most complete book ever produced on the winning strategies...

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Trial Tactics - Trial Guides

Trial Tactics

In Trial Tactics, legendary trial lawyers Rick Friedman and Roger Dodd present solutions for effectively handling every element of a civil jury trial—from case selection to post-trial motions. Friedman and Dodd bring together their most important methods, discussing how to use Pozner & Dodd’s method of cross-examination in cases where you also use Friedman's Rules of the Road™. In this recorded seminar presentation, they answer questions that stump even the most experienced lawyers: How to most effectively deal with limited or no voir dire in your jurisdiction Creating a cohesive and empowered jury, starting in voir dire How to deal with a client’s difficult background in voir dire and opening How and when to talk about mone...

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Trial by Human - Trial Guides

Trial by Human

Nicholas Rowley has earned a reputation as one of the country's finest trial lawyers. His record-setting verdicts are the result of the distinctive human approach he takes with his clients, witnesses, judges, and jurors. In this passionate and deeply personal treatise, Nick and coauthor Steven Halteman, a jury consultant and trial strategist, candidly share their Trial by Human method, an approach that brings brutal honesty and humanity into the courtroom. In Trial by Human, Rowley and Halteman reveal the importance of stepping out of the conference room and into the homes and lives of your clients—to share a meal, hear their stories, and experience for yourself how they live and breathe. As the authors explain, you can't expect a jury to understand and feel yo...

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Grief and Loss: Identifying and Proving Damages in Wrongful Death Cases - Trial Guides

Grief and Loss: Identifying and Proving Damages in Wrongful Death Cases

This book is strongly recommended by leading trial consultant and damages expert, David Ball, as essential for presenting damages in wrongful death cases. Handling wrongful death cases provides unique challenges for plaintiff lawyers. When a loved one dies, you often have no visible injuries to show. No expert can calculate the cost of maintaining a life in absence of a child, a wife, a parent, or a sibling. Instead, your client's noneconomic damages are invisible, difficult to quantify, and often incomprehensible. How do you communicate those intangible general damages to a mediator, a judge, or a jury? Grief and Loss: Identifying and Proving Damages in Wrongful Death Cases brings expert knowledge from one of the country's leading trial attorneys spec...

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Reptile

The 2009 Manual of the Plaintiff's Revolution

Reptile is the third in the trilogy of “must read” books for product liability lawyers. Trial consultant David Ball and nationally renowned trial lawyer Don Keenan have written a sensational book on trial advocacy that is equally loved by plaintiff lawyers and fought by defense counsel. The Reptile method builds upon Moe Levine’s “jury as conscience of the community” arguments, by “spreading the tentacles of danger” from the defendant’s conduct into the lives of the jury and those they love. This makes clear that the negligence of the defendant that hurt plaintiff also poses danger to their friends, family and themselves. Based upon the Triune Brain Model created by neuroscientist Paul MacLean and internationally renowned marketing researcher Clotaire Rapaille, Keenan and Ball suggest that the oldest part of the brain (the Reptilian Brain) in the jurors will make clear that the only “safe” verdict is to decide against the party that endangers the public. One of the biggest benefits of the Reptile method is that many jurors who might otherwise be biased against your client will punish rule breakers, creating massive verdicts for the plaintiff in venues where the defendant will least expect them. Reptile is best read after Rules of the Road™ and before David Ball on Damages 3. We suggest this order because David Ball on Damages 3 integrates what you learned in Rules of the Road™ and Reptile, then combines those methods with David Ball’s own effective methods for maximizing damages.



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