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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

Football season kicked off nationwide this month, but the focus hasn't solely been between the lines. Off-the-field controversies -- from political protests to paying college players -- have garnered just as much attention as teams' on-field clashes. And one issue that's been in football fans' and players' minds recently have been concussions, and the role leagues, athletic associations, and even doctors play in handling head injuries.

But those aren't even the only injuries football players and fans need to worry about. Here are five football-related injuries and what you need to know, legally.

Tesla Sued by Driver Over Autopilot Crash, Broken Foot

In yet another Tesla Autopilot crash, Heather Lommatzsch filed suit against Tesla in a Utah state court for negligence, among other claims. She crashed her Tesla Model S into a fire engine in May 2018 while Autopilot was on and she was looking at her phone. Lommatzsch was under the erroneous impression that the car would safely stop on its own if another object, like a fire engine, was in its way. She broke her foot in the accident, but also claims she has lost "the pleasures and enjoyment of life and physical impairment."

Once our medical devices became "smart," or even just dependent on embedded computer or radio components for communication, the possibility of hacking those devices became a reality. While much of the focus has been on hacking pacemakers, doctors writing in the Chicago Sun-Times point out that those aren't the only vulnerable medical devices. "Defibrillators, neurostimulators and implantable drug pumps, like insulin pumps, rely on the same embedded computers and software radios for their two-way communication, they noted, adding, "weak security features have left these devices potentially vulnerable to outside manipulation."

And if a medical implant is tampered with, what can you do about it? Here's what you can do if your medical device is hacked.

Your NutriBullet Blender May Blow Up, Lawsuit Claims

Over 100 claims have been filed against the makers of NutriBullet alleging the machine malfunctions and explodes under normal use, causing first degree burns, severe cuts, and even knocking out teeth. Most of these claims have been filed as product defect cases, with at least 22 lawsuits actively pending, but a recent lawsuit filed is the only pending class action, claiming that the product violates federal and state consumer protection laws, as well as warranty laws. This class action includes all NutriBullet blenders manufactured after January 1, 2007.

They neither hover, nor are they boards, yet we persist in calling them hoverboards. And despite the Consumer Product Safety Commission's warning that no hoverboard is safe, we persist in buying them, riding them, extracting teeth while riding them, doing drive-by shootings from them, and, yes, dying from them.

Now the families of two girls killed in house fire started by a hoverboard that burst into flames while charging are suing the distributors of LayZ Board self-balancing scooters, seeking around $700,00 in damages.

There are normal injuries sustained from everyday activities like fender benders or slip-and-falls. And there are catastrophic injuries from asphalt melters that fall on your head. Brian Goodrich of Oxford, Massachusetts sustained the latter, suffering permanent disfigurement to his face and skull, permanent blindness in one eye, and loss of "even remedial cognitive function."

And last week a jury awarded Goodrich and his family $8.25 million, determining that the melter's designers were more than 50 percent at fault for the accident.

New Jersey Couple Gets $37 Million in Talcum Powder Cancer Lawsuit

You don't have to search too hard to find some clickbait article about everyday household products that are slowly killing you. But what happens when you legitimately believe that one of those products has caused you a great deal of harm? One New Jersey couple took the makers of talcum powder to court, claiming the product gave the husband cancer. Now, thanks to that lawsuit, they've been awarded a total of $37 million.

Jury Awards $3M in AndroGel Heart Attack

Most drugs have some type of negative side effect. But you usually know what those side effects are and decide that the medical benefits outweigh those risks. So, if you're not told what the risks are, you can't make that analysis.

In a recent case out of federal court, a man claimed that a drug manufacturer misrepresented the risks of his medicine, and he found out the hard way when he suffered a heart attack. Although the jury didn't agree with all of his claims, they did decide that the company was negligent and awarded him millions.

After 11 Deaths, Guardrail Manufacturer Sued for Negligence

Two lawsuits filed in South Carolina and Tennessee last week added to a manufacturer's growing woes. Lindsay Corporation, the Omaha-based maker of the X-LITE guardrail commonly used on the side of highways, has faced growing criticism that it's guardrails are defectively designed and fail to protect drivers and passengers during car collisions, resulting in several injuries and deaths.

Perhaps smokers see them as a healthier option to regular tobacco, or maybe they're allowed in more places than your classic Marlboros. But for whatever reason, the use of e-cigarettes, vape pens, and other electronic smoking devices has exploded over the last decade.

And the batteries for those devices have apparently been exploding as well, according to recent lawsuits. Over 120 lawsuits alleging injuries from explosions and fires caused by e-cigarette batteries were filed last year alone. And e-cigarette litigation doesn't show any signs of slowing.