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12-12-2005Test to Determine Products Liability Based on Design Defect

In a "product liability" case, the plaintiff typically sues the manufacturer and/or supplier of a product for damages resulting from an injury sustained through its use.  Depending on the state where the lawsuit is commenced, the court may apply one or more tests to determine whether or not liability exists. Design ... More

12-12-2005Voluntary Recall of Faulty Seat Belts

Car manufacturers will voluntarily recall certain cars when faulty car parts cause injuries or death. Several manufacturers have recalled cars because of faulty seat belts and belt failures. Lawyers, and consumer groups such as Public Citizen, have served as public safety advocates in the area of car recalls, catering to consumer ... More

10-20-2005FDA Health Advisory for Certain Dietary Supplements

Many people take dietary supplements to support their diets with herbs, vitamins and minerals. In some instances, dietary supplements can provide health benefits. In others, the unexpected risks can injure or even kill consumers. The distribution and marketing of dietary supplements is regulated by the Food and Drug Administration (FDA), ... More

10-12-2005Amalgam-Related Lawsuits Dismissed

Amalgams are a type of dental tooth filling which, unlike gold or porcelain fillings, contain mercury. In the past several years, the American Dental Association (ADA) and several state dental chapters have come under the attack of numerous lawsuits for supporting the continued use of amalgams. In addition, bills ... More

10-7-2005Product Liability - Is There Any Way Out for Manufacturers of Defective Products?

Product liability lawsuits are brought by injured individuals against the manufacturer of a product to recover compensation for injuries caused by the defective product. There are tens of thousands of fatalities each year due to defective products and approximately 70,000 to 80,000 lawsuits are filed each year against manufacturers of ... More

10-6-2005Product Defect and the Circumstantial Evidence Standard

Individuals who have been injured by a defective product will have a valid legal claim against the manufacturer or distributor of the product if they can prove that the product was defective and that the product defect caused their injury. Traditionally, courts have required the injured party in a product ... More

10-6-2005SUVs - The Danger of Rollover

When the Sports Utility Vehicle (SUV) first gained popularity as a vehicle for the average consumer in the United States, the SUV touted a rugged image and implied that it possessed greater safety standards than a regular car. The image that marketers advertised did not include the tendency for SUVs to ... More

10-4-2005Differentiating Product Defects

People who have been injured by a defective product may have a valid legal claim against product manufacturers or distributors, depending on what type of product defect caused their injury. The two main types of product defects are manufacturing defects and design defects. The difference between manufacturing and design defects ... More

9-26-2005Car Safety and Crashworthiness: Manufacturer's Duties

The principles of product liability provide consumers with some protection against injury from defective products and a means of recovering damages for injuries resulting from the use of defective products. The protection is in general provided by state laws. As a consequence, the nature, extent and procedures connected with this ... More

9-26-2005Product Liability and Design Defects

"Product liability" is the area of the law enabling recovery for those injured by defective products. Some commentators suggest it reflects a balance between the benefits that society as a whole reaps from technological developments versus harm to consumers when the products are defective and cause injury. Product liability is ... More

9-26-2005Recalling Food Products

A food recall is a voluntary course of action by those responsible for the distribution, manufacturing, or sale of a food product to protect the public from illness or other injury. The purpose of the recall usually stems from: Bacterial related illnesses caused by the product, and/or Foreign objects within ... More

9-26-2005The Problem with Recalled Seat Belts and Replacement

Car manufacturers will voluntarily recall certain cars when faulty car parts cause injuries or death. Several manufacturers have recalled cars because of faulty seat belts and belt failures. Lawyers, and consumer groups such as Public Citizen, have served as public safety advocates in the area of car recalls, catering to consumer ... More

9-20-2005Arsenic-Treated Wood: Lawsuits on the Rise

Treating wood with pesticides to protect the wood from natural elements is an effective method of preserving the wood's longevity. However, certain companies that pressure-treat wood are using the chemical, chromated copper arsenate (CCA), commonly known as arsenic, which is fatal to human beings. Dangers of Chromated Copper Arsenate ... More

9-16-2005Personal Injury and Strict Products Liability

Many principles applied by U.S. courts originate from "common law," a collection of legal principles mostly derived from decisions in actual cases, including historical cases in England. At common law, however, only the person(s) who purchased a product could sue if they were injured through the use of the product.However ... More

9-16-2005Personal Injury Due to Breach of Warranty

Although the public tends to trust the integrity of a product and the company that produces it, not all products are made safely and injury can result from products that are improperly designed, manufactured or distributed. In order to recover damages for injuries sustained as a result of faulty consumer ... More

9-16-2005Product Liability and Defective Airbags

Air bags that are properly manufactured and installed can save lives. However, defectively manufactured air bags can cause undue harm to car occupants, and individuals who have suffered injuries as a result of an air bag defect may have a products liability claim against the automobile manufacturer. Products Liability ... More

9-8-2005Recalling Hazardous Toys to Protect Children

The U.S. Consumer Product Safety Commission (CPSC) regulates the distribution of 15,000 types of consumer products that pose an unreasonable risk of injury or death to the public. As young children are particularly susceptible to injury, the CPSC imposes strict guidelines for toy distribution, and responds quickly when ... More

9-8-2005SUV's and Product Liability

"Sport Utility Vehicles" (SUV's) have become increasingly popular. It has been estimated that SUV's comprise 25% or more of new car sales, as opposed to only 2% in 1985. Unfortunately, serious questions have been raised about the safety of SUV's. The potential danger does not appear to have impeded the ... More

9-8-2005The Dangers of Fifteen-Passenger Vans

Fifteen-passenger vans are frequently used to transport commuters such as college athletic teams, church groups and employees for company outings. Recent years have seen an increased use of such vans as well as an increase in rollover accidents and injury claims. Following Rules for Intended Use Still Creates Risk of ... More

9-1-2005All-Terrain Vehicle Lawsuits

An all-terrain vehicle (ATV) is defined as "any motor vehicle with two or more wheels that is no wider than 70 inches and weighs no more than 1,000 pounds." ATVs are commonly used in the United States for recreational purposes, however, ATVs can also be extremely dangerous, and are known ... More

8-31-2005FDA's Guidelines for Recalls

When a product is defective or harmful to the public, the Food and Drug Administration (FDA) may order or request a recall of the product from the market. Sometimes, the manufacturers of defective products will voluntarily recall the defective product, while other recalls are ordered by the FDA. ... More

8-31-2005Product Liability and Propane Tanks

Propane gas tanks may pose a grave danger due to their extreme flammability. Local and state jurisdictions are addressing the problem of fires and explosions caused by propane tanks by taking stronger safety precautions and providing education regarding gas tanks, in order to reduce the number of injuries and deaths caused ... More