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.


Recently in Defective Products / Products Liability Category

The family of a California woman who died after being becoming infected by listeria has filed a wrongful death lawsuit against the grocery chain Safeway.

In the lawsuit, the woman's family alleges that 81-year-old Shirlee Jean Frey bought caramel apples contaminated with listeria at a Safeway supermarket in Felton, reports The Associated Press. The brand of apples Frey allegedly purchased were recalled last week after being potentially linked to an outbreak of listeria that has sickened 29 people in 10 states, including Frey.

What does the family need to prove in order to prevail in their wrongful death lawsuit?

Keurig is recalling nearly 7.2 million of its MINI Plus Brewing Systems after reports that the machines have caused dozens of burn injuries.

The recall includes about 6.6 million MINI Plus Brewing Systems in the United States and another 564,000 in Canada, reports USA Today. The recall was issued after the company received more than 200 reports of hot liquid escaping from the machine, causing at least 90 burn-related injuries.

What should consumers know about the recall of this potentially defective product?

Top 3 Injury Questions From FindLaw Answers: December 2014

You've got questions... we've got answers. If you have not yet asked or answered a question in FindLaw's Answers community, what are you waiting for? This amazing free resource supports a dynamic community of legal consumers and attorneys helping each other out. Simple as that.

We see a lot of great questions in our Answers community every day. Here's a look at the Top 3 recent questions from our personal injury boards:

1. Should a company that manufactures football helmets be liable for the injuries sustained by a player?

GM has agreed to compensate 42 claimants for deaths related to an ignition-switch defect, part of more than 2,000 death and injury claims that have been filed against the car manufacturer so far.

Victims and their families who were injured by the faulty ignition switch have until January 31 to submit their claims, which will be categorized based on the severity of the injuries, reports MLive.com. GM anticipates that total compensation related to the ignition-switch defect will run anywhere from $400 million to $600 million.

What should car owners know about this GM injury claims process?

General Motors has extended the deadline to file claims for injuries or deaths caused by faulty ignition switches in the carmaker's vehicles.

The deadline was extended from December 31, 2014 to January 31, 2015 by Kenneth Feinberg, the compensation program's administrator, reports Reuters. Notice of the extension was mailed to 4.5 million current and former owners of vehicles eligible for the program.

What led to the extension and what should owners of GM vehicles known about the compensation claim program?

GM Recall: Do You Need a Lawyer?

Automaker General Motors continues to deal with a major recall of more than two million vehicles that may be equipped with a defective ignition switch.

Nine months after the recall was issued, almost half of the recalled vehicles have yet to be repaired, reports The New York Times. Most recently, GM began offering $25 gift cards to vehicle owners who bring their cars in for recall repairs. But in the meantime, the death toll from accidents caused by the defective switches continues to rise. So far, at least 30 deaths have been linked to the defect with hundreds more injuries being reported.

If you are the owner of a car that is affected by this recall, do you need a lawyer?

An airbag defect that's blamed for at least four deaths has led the National Highway Traffic Safety Administration to issue a recall notice for more than 4.7 million vehicles.

The NHTSA is warning drivers of cars subject to the recall to bring them to dealerships immediately. The latest recall brings the total number of cars recalled because of the airbag issue to 12 million worldwide, reports The Washington Post.

What's the defect in these airbags, and which vehicles are subject to this latest recall?

When you've been injured by a product, you may be wondering if you have a legal case that's worth pursuing.

Defective products can hurt consumers in a variety of ways, but victims often worry that something they did with the product will prevent them from recovering. Perhaps they voided the warranty by trying to repair it, or even used it in a non-traditional way.

Consider the following general product liability principles to decide whether you have a good injury case:

A handful of states are reconsidering a certain brand of highway guardrails after investigations revealed they were harming drivers instead of protecting them.

Trinity Industries, the manufacturer of the highway guardrails, reportedly made a change to its design in 2005, one that allegedly can cause the guardrail to impale an impacting vehicle rather than curl out of its way. The New York Times reports that guardrails with this questionable design were installed "coast to coast" over at least seven years, prompting a rival company to sue under federal law.

How are states' responses and this federal lawsuit working to remove allegedly dangerous guardrails from the nation's highways?

When Is a Warning Defective?

Products that are improperly manufactured or designed in an unsafe manner can certainly lead to personal injury lawsuits.

But even a product that is manufactured and designed properly can be subject to a product liability lawsuit for a defective warning, if the manufacturer failed to adequately warn about foreseeable risks of harm posed by use of the product.

So when is a product warning considered defective?