Product liability law is constantly changing as new products come to the market. Since the commencement of the pandemic, companies in order to create profits and at times as part of public service switched to production of masks, ventilators, and other medical equipment rather than their usual products. Product liability laws seek to prevent harm to consumers and such companies may face liability concerns, especially as such manufacturing changes were made quickly. Savvy companies warn against the misuse of their products during the pandemic. A useful example: Improper Use of Disinfectants, RB.COM, https://www.rb.com/media/news/2020/april/improper-use-of-disinfectants/ (maker of Lysol warns against ingestion or injection of its products as treatment for coronavirus). Please read Richard Cassetta et al., U.S. Liability Considerations for Product Manufacturers Shifting Production to New Products to Assist in Pandemic Response, JDSUPRA (Apr. 23, 2020), https://www.jdsupra.com/legalnews/u-s-liability-considerations-for-99082 and the materials cited within the Cassetta piece to get a background on the questions posed below. Many of the materials cited in the Cassetta piece should be able to be found using the Westlaw database under the Library link on Baruchs homepage. If you need help on this you should contact the librarians at Baruch using the Ask a Librarian Service where librarians are answering your questions and providing reference services remotely during the fall 2020 semester. Use the Ask a Librarian app on the Librarys home page to email a question or chat live with a librarian 24/7.After you have done your research succinctly answer the questions below with 600 words or less. 1. Is it appropriate for the federal government or states to shield companies from legal liability that quickly produce pandemic-related products? Why or why not? Cite the sources supporting your conclusions including state or Federal statutes and/or journal articles. 2. Should a company shift its production to new products (for example, General Motors manufacturing ventilators and face masks), even at risk of greater legal liability? Why or why not?
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