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

When to Sue for a Chemical Burn

Dozens of workers every year suffer chemical burns on the job. And the products we use and businesses we frequent often contain or use dangerous chemicals. So, if you're one of the people who suffers a chemical burn, when (and who) can you sue?

That will largely depend on the circumstances of your case. Here's a look:

E-cigarettes and other vape devices were billed as being more healthy than regular tobacco cigarettes. And while the jury is still out as far as well-functioning devices are concerned, e-cigs have been exploding in our faces pretty much since their inception.

In one of the more recent cases, 24-year-old Texan William Brown was killed after shrapnel from an e-cigarette explosion peppered his skull and severed his left carotid artery. So, what happens, legally, after these tragedies?

Tesla Sued After High Speed Fatality in Florida

Speeding is always a safety risk, but especially on turns going nearly 100 miles per hour over the speed limit. The family of an 18-year-old boy killed in a Tesla car accident is suing the car manufacturer for what the attorney calls an "unreasonably dangerous" car.

Edgar Monserratt alleges that the Tesla in which his son was riding when he died contained a defective battery. In addition, he claims the company was negligent for removing the speed governor on the car when it was last in the Tesla shop. Plaintiffs are seeking at least $18,000 in damages, but nothing will bring back their son.

Who Do You Sue When Served a Heroin-Laced Coca-Cola?

It can happen to anyone, but in this case, it happened to Trevor Walker. Somehow, synthetic heroin was slipped into his Diet Coke at a McDonald's drive-thru. No one knows exactly how the drug got into the drink, but tests taken at the hospital prove that Suboxone, a heroin-substitute, was found in Walker's urine as well as his McDonald's Diet Coke, but not in the Diet Coke served to his wife.

Walker has sued the McDonald's franchise owner, McDonald's Corporation, and Coca-Cola for strict product liability. Coca-Cola has petitioned the court to be dismissed from the litigation, claiming there's no evidence that the drug came from Coca-Cola. Is the plaintiff just looking for deep pockets? Or was this the right thing to do?

San Francisco Sues Pharma for Opioid Epidemic

The City and County of San Francisco has joined the host of other cities around the country suing big pharma for the opioid epidemic in federal court. Years ago, opioids would only be prescribed for severe post-surgery or end-of-life pain relief. But a major change in medical education by opioid manufacturers lowered that bar considerably a decade ago. And now, according to San Francisco City Attorney Dennis Herrera, local citizens are dying by the thousands.

Reuters Releases Johnson & Johnson Report, Suggests Internal Knowledge for Decades

Reuters released a report that proclaims Johnson & Johnson (J&J) knew their talc products contained asbestos, but hid that information from regulators and the general public. Asbestos has been linked to mesothelioma and ovarian cancer, and now it seems J&J talc is linked to those as well.

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.