Products Liability Newsletters

Compensation for Fear in Product Liability Actions

In some product liability actions, such as asbestos and breast implant litigation, a known risk of the defective product is an increased risk of cancer. As a result of the litigation concerning the products, plaintiffs or potential plaintiffs may become fearful of developing cancer. Even if they never do develop cancer, a number of courts have allowed these plaintiffs to recover damages for "fear of cancer."

Defective Warning Claims

A product is considered defective if it there is a flaw in its design, if it was improperly manufactured, or if the manufacturer failed to provide adequate warnings or directions for its use. The manufacturer has a duty to warn of any known dangers of using a product. There is also a duty to warn of any dangers the manufacturer could have anticipated if the product were misused. This article discusses products liability lawsuits based on warning defect claims.

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.

Motor Vehicles

Motor vehicles can have design defects and manufacturing defects. If a defect causes harm to a consumer, the manufacturer can be held liable for damages.

The Child Safety Protection Act

Choking is the leading cause of toy-related deaths. In fact, over a third of toy-related deaths are due to choking. The majority of toy-related choking deaths are caused by small balls and latex balloons. Children under age three are at higher risk for choking deaths because their airways are smaller than those of older children and because they have a tendency to put toys in their mouths.