Products Liability Newsletters

Recovering Damages

A product that causes injury or harm because of a flaw or defect is a defective product. The product's design might make it defective or a defective part might have been used when the product was made. A product that does not contain adequate instructions or warnings may also be considered defective. A product has to be reasonably safe for its intended use.

Strict Liability

If the gas tank of your car explodes causing injuries, you may be able to recover damages. Products liability is an area of law covering personal injuries and damages caused by defective products. A defective product is a product that causes injury or harm because of a flaw in the product. Sometimes the design of a product makes it dangerous. A defect can also result from a mistake in the manufacturing process or a failure to warn of the product's dangers. A manufacturer has a duty to sell safe products to consumers. There are three theories of products liability: strict liability, negligence, and breach of warranty. This article covers strict liability for defective products.

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 Reimportation of Prescription Drugs

Health care costs, especially the cost of prescription drugs, have increased dramatically in recent years. Americans pay higher costs for prescription drugs than consumers abroad. U.S. consumers, particularly the elderly, have demanded changes that would make prescription drugs more affordable. This article discusses past and current federal legislation dealing with the reimportation of prescription drugs. Safety has been one of the major issues in the battle over the reimportation of prescription drugs. Current law prohibits the reimportation of prescription drugs until the Secretary of Health and Human Services (HHS) certifies the safety of reimported prescription drugs.

Toxic Shock Syndrome Litigation

Toxic Shock Syndrome (TSS) is a serious, sometimes fatal disease, caused by a toxin produced by certain types of bacteria. TSS first emerged in the late 1970s and early 1980s. It showed up in women using highly absorbent menstrual tampons. The symptoms of the disease include high fever, a red rash, muscle ache, nausea, vomiting and/or diarrhea, seizures, headache, and organ failure. Studies by the Center for Disease Control and by several state health departments show that a statistically significant link exists between tampon use and TSS. Certain brands of super-absorbent tampons were withdrawn from the market in the 1980s.