Where do you file a product liability lawsuit?
Most of the time, the answer is simple. You file it where the actionable issue occurred. If you live in Kentucky and that’s where the accident happened, it’s easy to determine you file your lawsuit in Kentucky.
Sometimes, there are multiple possibilities for where to file a suit. If the opposing party doesn’t like the plaintiff’s choice of court, the opposing party can ask for a dismissal of the case or, in some situations, a transfer. If the plaintiff disagrees with the trial court’s order regarding jurisdiction or choice of forum, the plaintiff can file an appeal.
Once the proper court has been decided, another possible issue is that of choice of law. Typically, this question arises when an issue could possibly be resolved according to the law of two or more states. However, sometimes, the choice of law question involves the law of differing nations.