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

Vaping, or using e-cigarettes, seems to be continually increasing in popularity as the technology continues to improve. However, the number of e-cigarette explosion injury claims are also on the rise. In 2015, national headlines were made when a jury returned a $1.9 million verdict for a woman injured by an exploding e-cigarette.

Generally, the cases involve an individual who is injured as a result of an e-cigarette’s battery exploding during charging or use. When the batteries explode, not only do sparks fly, but toxic battery acid can be projected out causing even worse burns. Frequently, individuals holding an e-cigarette, or having it in their pocket, will suffer second or third degree burns as a result of the exploding batteries. Recently, a lawsuit was filed over an exploding e-cigarette device where the explosion was caught on a store’s surveillance camera.

Americans love the gym. Whether we miss the activity and exercise from recess and gym class in school or we're wistful for the waistline from our younger days, millions of us are spending millions of hours in the gym and millions of dollars on gym memberships. And we expect that gyms will show the same dedication to their equipment -- buying the best and maintaining equipment in the best condition.

But what happens when that doesn't happen? Are gyms liable for injuries caused by faulty equipment?

Unfortunately for one Kentucky teen, playing sword baseball with a water-bottle resulted in a severe accidental injury that is now the subject of a product liability lawsuit. While the teen was playing with friends by using a sword as a bat, and hitting plastic water bottles with it, the sword came apart, and the blade struck the teen in the head.

The teen was in a coma for over a month, and had to undergo numerous medical procedures. Despite all this already, it is expected that his recovery will require lifelong medical care. His parents have filed a lawsuit against the sword’s manufacturer as a result of a product defect.

Just six short months ago, U.S. District Judge Clay Land blasted plaintiffs' attorneys in vaginal mesh lawsuits for, as he put it, filing cases "that probably should never have been brought in the first place." Land specifically called out lawyers piggybacking on litigation against Johnson & Johnson's subsidiary Mentor Corporation, makers of ObTape, and filing claims late: "Similarly, if you did not file the action until eight years after your client's doctor excised the Obtape and informed your client that it was causing her problems, you may face a serious challenge showing cause as to why sanctions should not be imposed."

Judge Land will probably not be too pleased with a recent 11th Circuit Court of Appeals decision, which just revived injury claims by 12 Minnesota women against Mentor that a lower court had thrown out for being filed past the statute of limitations.

Although cars still can't simply fly over traffic, technology has gotten us to the point where driverless cars are a reality. Despite the promise of this technology leading to a future without car accidents, driverless cars have a long way to go. Since the limited deployment and testing of autonomous cars started recently, there have been numerous accidents, and even a fatal crash, that have been attributed to auto-pilot modes or driverless vehicle automation.

These crashes have led many folks to wonder: who's responsible for a driverless car crash? While the answer may seem to be as simple as asking who owns the vehicle, this might not actually be the case, or provide adequate relief in jurisdictions, like California, that limit vehicle owner liability.

A recent lawsuit filed by the widower of a Michigan manufacturing plant worker is seeking to hold the makers and installers of robotic manufacturing equipment liable for the death. Wanda Holbrook was inspecting a section of machinery that was not working properly, when another malfunctioning robotic machine struck her in the head and killed her.

The lawsuit alleges that the robot that killed her should not have been able to access the area where she was located, and the very fact that the incident occurred is proof of a design defect and the failure of the various safety systems.

Tire blowouts on the road are scary. Whether it’s your own tire, or the tire of an adjacent vehicle, tire blowouts frequently lead to damaged vehicles, car accidents, and injuries.

Determining liability in a tire blowout crash is often more complex than in other auto accidents. Apart from regular old driver negligence that may have occurred, there are potential product liability claims.

A Pennsylvania widow is suing furniture manufacturer Safavieh as a result of her husband's fatal shower accident. The lawsuit makes various product liability claims and alleges that the manufacturer's ceramic garden stool was defectively designed, that the furniture maker failed to test their product for safe use, and failed to warn consumers of potential dangers.

The lawsuit is seeking damages for wrongful death on behalf of the deceased's estate as a result of the death caused by the defective stool.

Despite the fact that using recycled and reclaimed materials in building, and renovation, is a rather popular trend, a group of parents in the San Diego Unified School District are anything but excited about the new fields made from recycled tire rubber.

In a lawsuit filed this month by a parents' group called Keep Turf Safe, the San Diego school district is being sued for installing a type of astro-turf known as tire-crumb turf at several schools. The parents allege that the tire-crumb turf is toxic, contains carcinogens, and endangers the health and safety of the school children who play on it.

Not all prophylactics are created equal. From permanent and temporary implants to the pill, there are plenty of options for female birth control out there, and unfortunately some are safer than others.

Whether making a device or a drug, birth control manufacturers can be liable if their product causes injury. Here are five recent birth control lawsuits, and what you need to know about the products involved.