[contact-form-7 404 "Not Found"]

Foreseeable Risk: Minimizing Cost and Maximizing Outcomes in Products Liability Litigation

Foreseeable Risk: Minimizing Cost and Maximizing Outcomes in Products Liability Litigation
Genre: Product Liability
Length: 176 Pages
Publisher: Lawyers & Judges Pub Co; 1 edition
Publication Year: 2011
ISBN: 1936360004
Foreseeable Risk: Minimizing Cost and Maximizing Outcomes in Products Liability Litigation will help attorneys litigate products liability suits
Buy from Amazon
Buy from Amazon Kindle


Plaintiffs typically spend vast amounts of time, energy and resources in products liability litigation in determining proximate cause and cause-in-fact through forensic investigations. Defendants typically expend similar amounts of resources proving their innocence. On both sides, cadres of expert witnesses relentlessly write conflicting reports and give obtuse testimony often leaving the decisions of causation and consequences to the emotional consensus of a jury. This book offers a much more exact science that can provide unimpeachable testimony for causes-in-fact, concurrent causes, combined causes, foreseeable risk, breach of warranty, design defects, failure to warn, res ipsa loquitur, negligence per se, risk utility and duty owed. Using proven tools grounded in quality and organizational management practices, it can be determined, through discovery and depositions, that the defendant s practices and standard of care were beyond either reproach, or the cause-in-fact of the accident.

Author Tom Taormina has a history of 40 years in quality management and a decade of successful litigation support as a foundation. His breakthrough approach, applied in the discovery stage of cases, ensures the most efficient and equitable resolution for the clients, plaintiffs and defendants, while lowering the direct costs for all involved.

This approach is called Forensic Business Pathology (FBP), a proprietary methodology used to evaluate the integrity of the business management, quality control and manufacturing practices of a defendant company. The outcome of an FBP investigation can show irrefutably that a company either did or did not exercise an appropriate standard of care, discipline and social responsibility in the production of the subject product or service.

FBP is the most comprehensive approach to investigation that looks beyond the failed product incident to uncover whether or not the producing company is guilty of willful or negligent disregard for the consequences of its product failure or for alleged organizational negligence.

For enlightened business leaders, FBP is a strategy for achieving peak performance while immunizing the company from products liability and organizational negligence. By virtually eliminating product defects and service errors, organizations can achieve unparalleled pinnacles of customer service.

For savvy litigators, FBP is a strategy for assessing the standard of care of a defendant company to measurable standards and scientifically proving or disproving negligence. By assessing business processes with forensic precision, the wellness of a company becomes an irrefutable barometer of its legal culpability. FBP is equally applicable and compelling for plaintiff and defense.

This book chronicles the evolution of Forensic Business Pathology, drawing lessons from Project Apollo and providing the reader with a new set of tools that can be used immediately to diagnose business health and well-being to new standards of precision and practicality.

Topics Include:

  • Products Liability Litigation
  • Standard of Care
  • Quality Management
  • Negligence
  • Duty of Care
  • Proximate Cause
  • Failure to Warn
  • Reasonable Person
  • Reasonably Prudent Duty
  • Punitive Damages
  • Forensic Evidence
  • Creating a Compelling Story
  • Creating an Unimpeachable Set of Evidence Trails
  • Life Cycle of the Products Liability Lawsuit
  • Case Studies
  • Lessons Learned
  • The Winning Defendant’s Strategy
  • The Winning Plaintiff’s Strategy
  • Applicability to Organizational Negligence Litigation
  • Acceleration of Just Outcomes
Disclosure of Material Connection: Some of the links in the page above are "affiliate links." This means if you click on the link and purchase the item, Med League will receive an affiliate commission. I am disclosing this in accordance with the Federal Trade Commission's 16 CFR, Part 255: "Guides Concerning the Use of Endorsements and Testimonials in Advertising."

Contact Us

Request a Free Case Evaluation

Firm Name*

Attorney Name*



 Plaintiff Defense