Defective Products / Products Liability: Injured
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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.

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For those without the space or money for a full hot tub experience, a walk-in Jacuzzi can be the perfect way to relax. After all, it only takes up the same space as you standard shower and tub setup, and can provide the same recuperative effects as a giant outdoor hot tub.

But how safe are they? One woman's family is claiming her walk-in Jacuzzi was "unreasonably dangerous and potentially deadly," after she became trapped for two days and died.

Last week, a California judge sentenced Dr. Hsiu-Ying “Lisa” Tseng to 30 years to life in prison for murdering three of her patients who fatally overdosed. It marks the first time a doctor in the United States has been convicted of murder for overprescribing drugs.

Beyond newfound criminal liability, can doctors be civilly liable for patient overdoses?

When Can You Sue for Drug-Related Birth Defects?

Every parent prays for a healthy child. And while few of us go through life perfectly healthy, it is particularly painful for parents when a child is born with defects or medical issues due to prescription medication a mother has taken before the child’s birth.

This is an unfortunately common occurrence for mothers who used Zofran to alleviate morning sickness. The drug was designed for cancer patients, and does alleviate morning sickness. But it was not designed with pregnant mothers in mind, and now it is linked with birth defects. Zofran is not the only drug that parents and doctors have successfully claimed in court caused birth defects.

On September 26, 2014, Noah Smith frantically called his father. He told him he had taken some pills, and that “his heart was racing, that he could not think straight, and that he was desperately afraid something was very wrong with him.” Noah then collapsed, and died of cardiac arrhythmia.

The pills he took were Stay Awake tablets, caffeine pills sold over the counter at gas stations nationwide. Now Noah’s family is suing A&Z Pharmaceutical Inc., who manufactured the pills, claiming they contain dangerous amounts of caffeine, lack proper warnings, and marketed and sold to children.

Baby Seat Injuries: Keeping Kids in Cars Safe

Car crashes are a leading cause of death for children 1 to 13 years old. Many times deaths and injuries can be prevented by proper use of car seats, boosters, and seat belts, says the National Highway Traffic Safety Administration. But more than half of parents fail to properly install baby seats, the NHTSA found.

Improperly installing your baby seat is a big problem in case of an accident, not only because it severely increases risk to your kid. It is also likely to limit manufacture liability for the malfunction. Say your child is injured and you believe it is due to a defective car seat but it proves to be because you failed to install properly, then negligence on the part of the manufacturer is mitigated by your own negligent seat installation.

Warning: Exploding E-Cig Causes Truck Accident

In what may be the first incident of its kind, a truck driver crashed into a highway guardrail in Indiana yesterday when his e-cigarette exploded in his hand. The driver’s injuries were reportedly primarily due to the e-cig explosion and not the crash and no one else was injured, local ABC News reported.

Indiana State Highway Patrol troopers who handled the crash said that they had never heard of any such accident happening before. Perhaps unsurprisingly, an e-cig advocate confirmed this claim, saying accidents were unheard of or very rare. But the alternative nicotine delivery systems have not been uncontroversial.

It doesn’t matter that they don’t hover or that they’re not boards — everyone is calling them hoverboards and a whole lot of people are getting injured on them. From simple falls to bursting into flames, these Segway minis are proving to be 2015’s most dangerous Christmas gift.

So if you’re injured on a so-called hoverboard, could you have a product liability case?

A blood clot filter can save your life. An inferior vena cava or IVC filter can prevent a blood clot from blocking blood flow to the lung, thus reducing the risk of pulmonary emboli or acute deep vein thrombosis.

But blood clot filters can also be dangerous. An IVC filter left in too long can perforate the vein or detach from the vein and migrate elsewhere, causing unintended blockages or damage. So how long is too long when it comes to leaving in blood clot filters?

We've all had a bout of food poisoning at one point or another, and we usually just call in sick, curl up in bed, and wait for the worst of it to pass. But sometimes, the food contamination may not be limited to just a dish or two, and the health effects may be more severe.

In that case, you may be thinking of filing a lawsuit against the food manufacturer, supplier, or restaurant. And if you do, you should know your rights and responsibilities when filing a food contamination lawsuit.

Product Liability Claims for a Defective Vehicle

If you purchased a car that’s defective, you may sue under product liability law. There are two types of product liability claims used for motor vehicle defects.

Suits are usually based on the fact that the vehicle or parts were defectively made (manufactured), or based on an unreasonably dangerous design. Depending on the details of your case, you may file against anyone in the chain of creation or distribution, not just the company that sells the car under its name. Let’s take a look at some potential claims you might make associated with a defective vehicle.