Who is responsible when defective products harm someone? Surprisingly, more than one person or company might be involved. We will look at product liability cases in more depth in this article. Product Liability Law Generally, a product liability claim “can be based on negligence, strict liability, or breach of warranty of fitness.” Negligence means that […]
We use them every day – products. Items that were designed and manufactured by a faceless person we don’t know, yet we trust them to provide safe, effective goods. However, people can be injured by defective products. When this happens, the injured parties might seek compensation by filing a defective product lawsuit. Defining a Defective […]
Sometimes a widely-used product has unusual and unpleasant results. For example, people who want to keep their plants healthy typically use chemicals to kills bugs and organisms that target the plants. Pest-fee plants look better, and crops might yield higher-quality produce. Unfortunately, consumers have made claims that herbicides with certain substances in them cause cancer. […]
Like Gerber Baby Food and Pampers Disposable Diapers, Johnson & Johnson Baby Powder was a staple of the infant years of many Americans. It has been a familiar part of medicine cabinets and changing tables for several decades. It provides nostalgic feelings for many parents who associate the smell of the product with newborns and […]
At the end of 2019, a federal court panel ruled 2-1 that “under Pennsylvania law, Amazon is strictly liable for consumer injuries caused by defective goods purchased on Amazon.com.” The case’s ruling is nationally significant as it is scheduled for review by a rare full panel hearing early next year in Philadelphia before the Third […]
The COVID-19 pandemic and the resulting quarantine has caused a dramatic increase in online commerce. Online sales have increased at a skyrocketing rate during the quarantine, as much as 74% in some sectors. Amazon has benefited the most, while other retailers with a large digital presence such as Target and Walmart have seen substantial sales increases. […]
In 2020, technology continues to evolve at a record rate and convert the dreams and notions of 1950s sci-fi movies into reality. As novel, modern, emerging technologies bring a new generation of products and devices, they also bring further opportunities for design and manufacturing defects, as well as any ensuing product malfunction or misuse. The […]
In the last several decades, products liability law has gone from favoring the interests of businesses to favoring consumers, and now back again to favoring business interests. Any business that manufactures, supplies, sells, or even repairs a product, may be sued in a product liability case. The statute of limitations, which determines the time period […]
In December 2019, Congress banned the sale of tobacco and e-cigarettes to anyone under age 21. This legislative action was a response to the high use of e-cigarettes, especially those flavored products, by teenagers and young adults, as well as the high number of cases diagnosed as product use-associated lung injury (EVALI). Many argued that the […]
Many doctors trust a database known as MAUDE (Manufacturer and User Facility Device Experience) to help them identify defects, malfunctions, and other issues that have the potential to harm patients. MAUDE stores medical device reports that mandatory reporters, such as healthcare professionals and patients, submit to the Food and Drug Administration (FDA). Doctors and patients alike have […]
