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Expert Analysis

Didn't See That Coming: Forseeability Of Product Defects

Law360, New York (July 6, 2015, 10:49 AM EDT) -- On May 4, the Sixth Circuit Court of Appeals emphasized that a plaintiff bears the burden of showing that his use of a product was foreseeable by the manufacturer under the Ohio Products Liability Act — even if the manufacturer has not offered any alternative explanation for the plaintiff's injury. In Butts v. OMG Inc., et al., Case No. 14-3962, the Sixth Circuit affirmed the Southern District of Ohio's grant of summary judgment to the manufacturer defendants, concluding the evidence established that the plaintiff's injuries resulted from an unforeseeable risk of using the product....

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