In deciding whether the state-of-the-art defense applies to a products liability claim, courts must preliminarily assess whether the expert witnesses chosen by each party or appointed by the court itself have presented good scientific evidence or not.Are there general or specific...

The Judgment of the Spanish Supreme Court's Civil Chamber of July 17th 2007 (RJ 2007\4895, Opinion of the Court by Magistrate Francisco Marin Castan) held that the injuries suffered by an invitee after tripping over a forgotten toy left in an ill-lit corridor are not compensable. According to...

In Riegel v. Medtronic Inc. (552 U.S._2008; February 20, 2008), Mr. Riegel underwent emergency coronary bypass surgery because of during the practice of a coronary angioplasty the catheter manufactured by Medtronic ruptured. Although the catheter had been approved by FDA and complied with federal...

The main goal of this paper is to provide decision elements to ascertain, according to Spanish law, how many of the frames that are comprised in a fictional film can be freely used in commercial advertising and promotions. In particular, our analysis focuses on those movie frames showing...

The White Paper (WP) on Environmental liability declares that the main purpose of Community policy in this matter is to avoid environmental damage, and then suggests that an instrument to achieve it would be a Community directive establishing a civil liability regime with real deterrent...