Product Liability Newsletters
| 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.More... |
| The Physician's Liability for Drugs and Medical Devices |
| Most medical treatment uses some form of drug therapy. Consequently, most medical malpractice actions have a drug liability aspect. A physician has a duty to exercise the skill and care generally shown by competent physicians with similar training in diagnosing a condition and prescribing drugs or medical devices. If not, the physician can be held liable for professional negligence or medical malpractice.More... |
| Admissibility of Evidence of Subsequent Remedial Remedies in Product Liability Cases |
| A "subsequent remedial measure" is an action taken after an adverse incident that makes the incident less likely to reoccur. For example, if the design of a toy allowed small pieces to break off, increasing a child's risk of choking, changing the material the toy is made from after learning of the problem with the toy would be a subsequent remedial measure. Likewise, if an automobile's air bags tended to inflate in the absence of a collision, the manufacturer's correction of that problem would constitute a subsequent remedial measure. More... |
| Liability fo Manufacturers of Truck Wheel Components for Defective Tire Rims |
| Multi-piece truck wheels or rims have caused numerous serious injuries and deaths to tire mounters since they were introduced to the market. The rims can explosively separate from the wheel and cause injuries by striking tire installers and others standing nearby. Referred to as "widow makers" by those in the tire mounting industry, the rims have been the subjects of many lawsuits. More... |
| Food Quality |
| In 1996, Congress passed landmark food safety legislation called the Food Quality Protection Act (FQPA). The goal of the FQPA is to protect the public from harmful pesticide residues. Under prior law, the EPA established "tolerances" (maximum legal levels) for pesticide chemical residues in food. The FQPA considers pesticide tolerances as "safe" when there is a reasonable certainty that no harm will result from cumulative exposure to pesticide residues. These tolerances are based on a risk assessment that includes all anticipated dietary exposures and all other exposures for which there is reliable information. The Food and Drug Administration (FDA) enforces tolerances for most foods. The U.S. Department of Agriculture's Food Safety and Inspection Services enforces tolerances for meat, poultry, and some egg products. More... |
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