Makers of non-defective components are not liable for damages caused when the part is added to a bigger assembly which does cause damage. Massachusetts SJC case Nemirovsky v Daikin North America LLC (2021) supports component parts doctrine. HVAC system = integrated product. AC fan coils delivered per specs of system designer corroded prematurely. Coil maker… Read More »HVAC Fail not Due to Maker of Coil
Employers Become OSHA Investigators Under Updated Virus Rules
ASK WHEN YOU LEARN OSHA standards for COVID 19, updated on May 19, 2020, uses reporting requirements to turn employers into investigators of their own jobsites. The employer must use reasonable efforts to reach conclusions on the questions - Has the pandemic visited your worksite? Was the employee’s COVID work-related? OSHA (the Federal Department of… Read More »Employers Become OSHA Investigators Under Updated Virus Rules
Employer Liability – Worker Uses Company Data Access – Customer Gets Threats
Employers need to protect company data from insider misuse Massachusetts Appeals Court decided a case involving an insurance agency employee who used her work computer to access claims data for an improper purpose - to get information that was used to threaten a claimant policyholder. Adams v. Congress Auto Insurance Agency, Inc., No. 15-P-452… Read More »Employer Liability – Worker Uses Company Data Access – Customer Gets Threats
Did PO say Vendor would Defend claims that buyer was negligent?
Gorelick v Star Markets Company Inc. Mass Appeals Court 2023 FACTS Supermarket (Shaws, a part of Star Markets) bought automatic doors from the manufacturer and installer (Stanley) under a Purchase Order.A customer (Gorelick) sued both Shaws and Stanley saying the door swing injured him. The negligence claims were – against Shaws – failure to maintain,… Read More »Did PO say Vendor would Defend claims that buyer was negligent?
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