Defective Products / Products Liability: Injured
Injured - The FindLaw Accident, Injury and Tort Law Blog

Defective Products and Products Liability

Defective Products and Products Liability lawsuits involve injuries from the use of a defective or dangerous product. This could arise in the case of a defect in a car which causes an accident, a burn sustained from using a beauty product, or even food poisoning. The manufacturer or seller is held liable to any party who foreseeably could have been injured by the product. There are several types of defects, including defect in the manufacturing, defect in the design, defect in the warning (improper labeling) and marketing defects (insufficient instructions).

Usually, a products liability lawsuit is not easy and involves testimony from experts. Since the law of products liability varies from state-to-state, similar cases in different states might not yield the same results.

Recently in Defective Products / Products Liability Category

Suing Big Pharma

Let’s be honest, many consumers don’t have a lot of faith in giant pharmaceutical companies right now. Between the constant barrage of television ads with never-ending lists of side effects to new stories every day about supposedly life-saving drugs that turn out deadly. And that’s without even mentioning the rampant price-gouging.

While lawsuit based on a drug’s price are few and far between (and difficult to prove or win), lawsuits based on a drug’s danger are far more common. Here are three ways to sue big pharma based on pharmaceutical drug liability:

If you suffer from a high risk of blood clotting due to surgery or an accident, an inferior vena cava filter or IVC filter can save your life. But in most cases, IVC filters are only supposed to be temporary fixes: the Food and Drug Administration has repeatedly warned of the risks associated with IVC filters and documented hundreds of adverse health events due to leaving IVC filters in long after they are needed.

Some of these injuries have led to lawsuits, so here’s what you need to know about IVC filters and your legal options:

Just months after a jury ordered the company to pay $72 million to a woman's family after her death from ovarian cancer was linked to its talcum powder-based products, Johnson & Johnson is being sued again. A Los Angeles man filed a wrongful death claim on behalf of his wife, claiming her fatal ovarian cancer was also due to using Johnson & Johnson products.

This is on top of around 1,200 lawsuits in Missouri and New Jersey that have been filed against the company, accusing it of failing to warn consumers of known cancer risks.

We all want our children to be happy and healthy, but sadly some children are born with birth defects or birth injuries. And while some may be genetic or random chance, some birth defects can be caused by medication, the environment, or even a virus. Some birth injuries can be caused my the negligence of doctors, nurses, or other medical personnel.

If a child’s birth defect or injury is the fault of another person or product, parents may consider suing the person or company responsible. Here are some legal tips for birth defects lawsuits:

As the worsening Lumber Liquidators scandal has shown, you can find dangerous levels of formaldehyde in some weird places. The CDC warns that exposure to formaldehyde can irritate your airways, causing a sore throat, scratchy eyes, and nosebleeds, may exacerbate existing breathing conditions, and has been known to cause cancer.

Along with avoiding laminated flooring from Lumber Liquidators, here are some other places to be on the lookout for formaldehyde, and whether you can sue if you’ve suffered adverse health effects from formaldehyde exposure.

Not all surgeries or medical procedures go the way we planned, but your injuries may not be the doctor’s fault. Sometimes medical devices and implants can be poorly designed, fail, or become damaged over time, causing serious health risks and even death.

Lawsuits based on defective medical devices can be complicated and face significant legal hurdles, but can be necessary to hold device manufacturers accountable for flaws in design, manufacture, or warnings. Here’s what you need to know about medical device lawsuits:

The hits just keep on coming for Lumber Liquidators in their burgeoning formaldehyde flooring scandal. Amidst class action lawsuits and criminal investigations comes news that the company’s stock price has been tanking, even farther than expected.

Why? Because the flooring in question is even more of a cancer risk than expected. The Centers for Disease Control released an elevated warning, saying the the risk of contracting cancer from exposure to certain laminate floors is now at six to 30 cases per 100,000 people, triple what it had previously warned.

A jury has ordered Johnson & Johnson to pay $72 million to a woman’s family after her death from ovarian cancer was linked to use of the company’s talc-based products. Jacqueline Fox allegedly developed cancer after using Johnson & Johnson Baby Powder and Shower to Shower for over 30 years.

She was diagnosed with ovarian cancer three years ago and passed away last October. Attorneys for Fox’s family say the jury award is the first of its kind, though there are sure to many more.

There Are No Safe Hoverboards, CPSC Says

The Consumer Product Safety Commission (CPSC) is warning all hoverboard, smart board, and balance board manufacturers that their products could soon be recalled for being too hazardous. Now the CPSC is asking stores and manufacturers to voluntarily recall hoverboards themselves, Mashable reports.

At this juncture, says the agency, there is not a single one of these types of boards for sale that can be considered safe. The CPSC wants manufacturers to take hoverboards off the market until they can be certified safe by an independent testing firm.

New research has found that taking heartburn drugs could increase your risk of developing Alzheimer's disease or dementia by up to 52 percent. The study looked at drugs like Prevacid, Prilosec, or Nexium, which are known as proton pump inhibitors and are widely available over the counter or with a prescription.

Researchers stopped short of saying PPI's cause dementia, and but concluded that "the avoidance of PPI medication may contribute to the prevention of dementia." But with an estimated 15 million Americans using PPIs regularly, avoiding the medication may be harder than it seems.