Krauss on Legal Ethics and Products Liability
Professor Michael Krauss authored two new contributions for his column in Forbes.
In “On Lawyers Defending Views They Don't Believe In,” Krauss explores the extent to which lawyers are responsible for their decisions to represent their clients. Krauss writes, “‘It’s not my fault, I’m just the lawyer’ is almost never a defense.”
In “A Glimmer of a Solution to America's Products Liability Mess?,” Krauss addresses the interaction of workers’ compensation statutes and products liability lawsuits. Commenting on a state supreme court decision upholding a waiver of liability for future negligence by a non-contracting party, Krauss writes, “[A] much more interesting consideration, from my perspective, is that the logic of the Pennsylvania Supreme Court can extend to products liability claims against tool manufacturers for workplace injuries. Since the Court stressed that waivers do not violate public policy so long as the employee can still recover through workers’ compensation . . . , it is difficult to see why its rationale would not apply to prospective waivers of rights to sue workplace tool manufacturers.”
On Lawyers Defending Views They Don't Believe In, Forbes, March 11, 2014. By Michael Krauss.
A Glimmer of a Solution to America's Products Liability Mess?, Forbes, March 22, 2014. By Michael Krauss.