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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Several lawsuits and even an Olympic athlete are alleging that the popular birth control method NuvaRing is dangerous and possibly deadly. The lawsuits claim the ring causes blood clots, which, if they reach the lungs, can cause fatal pulmonary embolisms and cardiac arrest.

These accusations have continued after Merck, NuvaRing's manufacturer, paid $100 million last year to settle numerous lawsuits.

It's possible that you could be a party in a class action lawsuit and you might not even know it. And if you've gotten a notice of a pending or completed class action lawsuit, you may be wondering what to do next.

While many class action notices don't require any action on your part, here is some basic info to bring you up to speed on why you're receiving a class action notice and what you may need to do:

A woman has sued a barbecue brush manufacturer after she swallowed a broken brush bristle while eating a hamburger, landing her in the hospital.

Deborah Lamont of Presque Isle, Maine, is suing Precision Brush Co. and M2M LLC, alleging negligence, strict liability, and breach of warranty.

What led up to this case, and what will Lamont need to prove in order to win?

What Is Strict Liability? How Does It Affect Injury Lawsuits?

In an injury lawsuit, the legal concept of strict liability may make a defendant liable regardless of whether it can be proved that he was at fault for causing the plaintiff's injuries.

Strict liability is most commonly found in lawsuits involving injuries caused by defective products. In a product liability case, a plaintiff typically asserts one or more legal theories (such as negligence, tortious misrepresentation, or breach of warranty) under which the manufacturer or seller of a product is liable for the plaintiff's injuries; in addition to these theories, a plaintiff may also claim that a manufacturer should be strictly liable for injuries caused by a defective product.

How does strict liability work in these cases?

GM's ignition-switch recall compensation fund is no longer accepting claims, as the January 31 deadline has passed. But that doesn't mean consumers are without recourse if they (or their loved ones) were injured in a recalled vehicle.

As you probably know, GM issued a series of recalls in 2014 after an ignition-switch defect in about 2.6 million vehicles was linked to dozens of injuries and deaths. As federal investigations began, GM set up a victim compensation fund to deal with death and injury claims.

In a regulatory filing released Wednesday, GM disclosed details about the fate of many of those claims, The Detroit News reports. Here's what consumers need to know:

Safeway Sued Over Calif. Woman's Listeria-Related Death

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 Recalls 7.2M Coffee Makers; 90 Burn Injuries Reported

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?

GM Extends Deadline for Ignition Switch Injury Claims

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?