Duncan Grehan & Partners Solicitors | 9 Jun 2005
The Irish High Court has rejected jurisdiction in a claim brought by an Irish citizen against the German retailer of an allegedly defective product. The case demonstrates how product liability complaints may be successfully defended on procedural and jurisdictional grounds.
Duncan Grehan & Partners Solicitors | 23 Sep 2004
Following the implementation of the EU General Product Safety Directive, producers and distributors are more open than ever to litigation arising out of product liability claims. They now face not only the risk of civil claims from third parties who purchased the defective product, but also the risk of criminal prosecutions for breach of their obligations under the new regulations.
Duncan Grehan & Partners Solicitors | 11 Mar 2004
Practitioners in product liability claims are facing a new regime centred on efficiency and the purging of unnecessary litigation costs. However, non-enforcement and non-compliance may undermine its objective of providing an adjudicative framework which helps disputing parties to reach a settlement rather than have a determination imposed upon them by the courts at considerable cost.
Duncan Grehan & Partners Solicitors | 11 Dec 2003
From next year, where a manufacturer has a clear liability to the injured claimant because of a product defect and the parties cannot agree on the amount of compensation, the claim must first be assessed by the Personal Injuries Assessment Board. Only if either party does not accept an assessment will the board authorize a determination of the claim through court proceedings.