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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

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.

We rely on pharmaceutical drug companies to make safe products to keep or make us healthy. But all drugs come with side effects, so we also rely on those companies to warn us about those effects, and on doctors to only prescribe drugs in a safe manner. And, as the past year has proven, that doesn't always happen and the results can be disastrous.

Here are the major drug lawsuits from 2017:

Xarelto, the brand name of blood thinning medication rivaroxaban, can help treat and prevent dangerous blood clots in patients undergoing hip and knee replacement surgeries. An unfortunate side effect of Xarelto is an increased risk of internal or external bleeding.

A serious of lawsuits (some 20,000 in all) have been filed against the makers of Xarelto -- Johnson and Johnson and Bayer AG -- claiming the companies failed to warn consumers of the bleeding risks. And in the first verdict to go against J&J and Bayer in those cases, a Philadelphia jury awarded a woman $28 million in damages.

Lawsuits can be one way of holding companies responsible for making defective products. But settlements of those lawsuits have a way of hiding the true extent of injuries caused by a poorly designed or malfunctioning device.

Take, for example, Savage Arms' stainless steel 10 ML-II muzzleloader rifle. The company is facing another lawsuit over the rifle's tendency to explode, and while it has settled a few previous lawsuits, the actual number of hunters injured by the rifle ranges from a few dozen to possibly hundreds of victims.

Johnson and Johnson has become a regular subject of our injury blogs. From talc-based baby powder causing cancer to vaginal mesh implants causing bleeding and loss of sexual function to anti-psychotics causing breast enlargement in male patients, Johnson and Johnson has been the subject of hundreds of lawsuits and been forced to pay hundreds of millions of dollars in jury verdicts. To be fair, many of the allegedly defective products were made by J&J subsidiaries, but the most damning accusations claim J&J knew of the danger to consumers and sold the products anyway.

The same can be said for Johnson and Johnson's Pinnacle hip implants designed and manufactured by DePuy Orthopaedic. Johnson and Johnson faces some 9,700 lawsuits nationwide regarding the implants and has just been ordered to pay out its third jury award, this one for $247 million.

Just about everyone would like to sample something before they buy it. We try on clothes and shoes before purchasing, get sips of wine before assenting to the whole bottle, and hear snippets of music before downloading an entire song or album.

It's no surprise that we'd like to try on our makeup before we buy it as well. What else could account for the ubiquitous free samples at makeup counters in malls and stores nationwide? But exactly how we sample makeup has become a central issue in a lawsuit filed by a California woman who claims a lipstick sample from a Sephora store gave her oral herpes.