Product Liability Articles

1. Fast Food Litigation
   
   Is a double cheeseburger a defective product? A number of tort lawyers and their clients believe so. In July 2002, a class action suit was brought on behalf of patrons of McDonald's, Wendy's Burger King, and KFC. The suit alleged that the fast food companies negligently, recklessly, or intentionally manufactured and marketed foods that caused adverse health effects such as obesity, diabetes, heart disease, and stroke. The lead plaintiff in the case was a 56 year old, 270 pound man, but the class was vaguely defined as those who have consumed products manufactured and sold by the defendants who have become obese, overweight, developed diabetes, coronary heart disease, high blood pressure, elevated cholesterol levels, and/or other detrimental health effects. A federal judge in New York dismissed the case, but that has not spelled the end of suits against purveyors of fast food... [more]
    

2. Defenses in Aviation Lawsuits Based on Strict Liability
   
   Following an aviation accident, lawsuits are generally filed to recover damages for personal injuries or death. In an aviation lawsuit based on strict liability, a plaintiff (the person suing) does not have to prove negligence (lack of care) by the aircraft manufacturer. The plaintiff must show the product was defective when it was sold, the product was used as intended, and the product caused the injury or death. Aircraft manufacturers have several defenses they can raise in aviation lawsuits based on strict liability. However, building a product in conformity with Federal Aviation Administration regulations is not a complete defense to aviation lawsuits based on strict liability. This is because many of the certification regulations only establish minimum standards... [more]

3. 
   Identifying and Evaluating Injury Claims Involving Drugs or Medical Devices
   
   Drug product liability lawsuits are usually based on the drug company's failure to warn of known (or likely) dangers in using a prescription drug or medical device. The first element that must be shown in a drug product liability lawsuit is causation. Did the drug or medical device cause the injury? The second question presented is whether the drug company provided adequate warnings about its product... [more]
    

4. Strict Liability
   
   If the gas tank of your car explodes causing injuries, you may be able to recover damages. Products liability is an area of law covering personal injuries and damages caused by defective products. A defective product is a product that causes injury or harm because of a flaw in the product. Sometimes the design of a product makes it dangerous. A defect can also result from a mistake in the manufacturing process or a failure to warn of the product's dangers. A manufacturer has a duty to sell safe products to consumers. There are three theories of products liability: strict liability, negligence, and breach of warranty. This article covers strict liability for defective products... [more]
    

5. Compensation for Fear in Product Liability Actions
   
   In some product liability actions, such as asbestos and breast implant litigation, a known risk of the defective product is an increased risk of cancer. As a result of the litigation concerning the products, plaintiffs or potential plaintiffs may become fearful of developing cancer. Even if they never do develop cancer, a number of courts have allowed these plaintiffs to recover damages for "fear of cancer."... [more]

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