Products Liability Newsletters

Identifying and Evaluating Injury Claims Involving Drugs or Medical Devices

Drug product liability lawsuits are usually based on the drug company's failure to warn of known (or likely) dangers in using a prescription drug or medical device. The first element that must be shown in a drug product liability lawsuit is causation. Did the drug or medical device cause the injury? The second question presented is whether the drug company provided adequate warnings about its product.

Product Misuse Defense in Products Liability Lawsuits

Strict product liability means holding the manufacturer or seller of defective products responsible if the product injures a consumer who buys or uses the product. The courts impose liability for personal injury and property damage caused by products that are defectively designed or manufactured.

Negligence

Products liability law covers personal injury and property damage that occurs when a defective product is used. A product is defective if its design makes it dangerous, if it was improperly manufactured or if the manufacturer failed to warn of the product's dangers. You may be able to recover damages if you are injured while using a defective product. There are three theories of products liability: strict liability, negligence, and breach of warranty. This article covers a manufacturer's liability for breach of warranty.

The NHTSA and Vehicle Defect Notification Requirements

The National Highway Transportation Safety Administration (NHTSA), the government agency responsible for motor vehicle safety, is responsible for the administration of national safety recalls by manufacturers or distributors of motor vehicles and items of motor vehicle equipment. The NHTSA is required to initiate the safety recall process when a safety defect or noncompliance with a federal motor vehicle safety standard (FMVSS) has been determined. The NHTSA also investigated alleged safety defects and tests vehicles for noncompliance with FMVSS.

The Food and Drug Administration's Regulation of Humanitarian Use Devices

A humanitarian use device is a device used in treating rare medical conditions.