Recent Posts in Product Liability Category

  • What if a Pharmaceutical Drug I Took Causes Negative Side Effects?

    Pharmaceutical drugs that pose the risk of dangerous side effects tend to fall under the product liability category. But how does one know if the drug can really be seen as ‘dangerous’? Side effects can be unreasonably dangerous to certain degrees when a manufacturer, pharmacy, or even a doctor does not warn the patient of the side effects that may follow. Many drugs, however, are known to carry ...
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  • Workplace Injury: When You Can Sue Outside of Workers' Compensation

    What happens when you end up with an injury that occurred in the workplace? You may have been misinformed that the only compensation you’ll be able to receive will come from your employer’s workers’ compensation insurance. You may also be able to sue for damages, however. If a defective product was the cause of the injury, you may have a products liability action. You may be able to bring action ...
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  • What Are the Different Kinds of Defective Product Liability Claims?

    Defective product claims come into play when you have been injured or suffered other damages as a result of a product you have used. This could have been due to the product manufacture, a defective design, or failure to provide adequate warnings or instructions concerning the proper usage of the product. All of these will be explained in-depth below. Defectively Manufactured Products The most ...
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  • What is a Defective Product Liability Claim?

    In some cases, people will use a product and become injured or suffer other damages. In these cases, they will have a defective product liability claim. The claims will typically fall into these categories: defective manufacture, defective design, or failure to provide adequate warnings or instructions concerning the proper use of the product. Defectively Manufactured Products When a defectively ...
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  • How Long Do I Have to File a Defective Product Liability Claim?

    If you have been injured by a defective product, then you might have a lawsuit. However, you may find that there is a certain amount of time that you must work within to file your claim, known as the “statute of limitations.” Every state has these laws, which apply specifically to the claims, but the actual amount of time you have to file the suit will vary from state to state. If you fail to file ...
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  • What Must I Prove in Order to Win My Defective Product Liability Lawsuit?

    Every year in the United States, products are being deemed dangerous due to defects and other reasons. Many people may want to grasp a better understanding of product liability law, which are the legal rules concerning who is responsible for defective or dangerous products. This is different from the laws stemming from ordinary injuries, and having product liability laws in place makes it easier ...
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  • Defective Drugs: Xarelto

    Have you or a loved one taken Xarelto, the blood thinner that prevents the formation of blood clots? This is just one of the many drugs that was deemed ‘defective’ and went under scrutiny. Every day, Americans are injured by side effects due to dangerous drugs. Since the year 2000, the Food and Drug Administration (FDA) has approved approximately 24 drugs a year, including many that pose health ...
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  • Product Liability Claims Involving Defective Cars

    Every year, various people are subjected to vehicle accidents that lead to very serious injuries or even death. If you have fallen victim to one of these unfortunate accidents, then you may have a claim of product liability. Some very serious motor vehicle defects have come to light over the past few years, including ones that include SUVs that are prone to rolling over and motorcycles that have ...
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  • Product Liability Claims Involving Medical Devices

    Each year, many people are injured using defective products. But what if that product is something that your life depends on, such as a medical device? That’s where the real problem comes into play and you have to ask yourself, “Where should I turn? What should I do?” The truth of the matter is – if you have been injured due to a defective medical device, then you may have a liability claim ...
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  • Product Liability Claims Involving Pharmaceutical Drugs

    When do you have a defective products claim? If you have been injured by a defective pharmaceutical drug, this may be reason to file a claim and receive the compensation you deserve for all that you lost. Prescribed drugs are supposed to be beneficial to those that use them, and when they work against those benefits and instead cause harm, a patient may be able to sue. Defective products could end ...
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  • Theories of Liability in Defective Product Claims

    Let’s consider a situation wherein you use a product that you have used many times before – except this time, there was a bad batch due to negligence of a manufacturing company. If you were injured, where do you turn? How do you receive compensation for your injuries and hold the right person liable? You can find out more about the theories involved and if you have a claim. Breach of Express ...
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  • Defective Product Liability Claims: Who to Sue?

    Did you ever wonder what you can do if you are harmed by a defective product? Somebody may be held liable for your injuries if this is the case. There are generally three different categories of product liability, which you will now be able to understand. Understanding each of these categories can give you a better understanding as to if you have a claim or not. Defectively Manufactured Products : ...
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  • Defective Medical Devices: Biomet Hip Replacements

    Every year, many products fall under product liability due to being defective in their manufacturing or other components of how they are made and distributed. Biomet is a medical device manufacturer based in Indiana that has undergone scrutiny in recent years due to this very reason. A timeline of events led up to this, including Biomet’s implant sales being up to $312.9 million in the United ...
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  • Types of Defective Product Liability Claims

    Each year, many U.S. citizens are injured because of products they used that might have had defects. You may have even heard of some of these cases in the news. For instance, in 2011, a New Jersey lawsuit over severed fingers lead to a U.S. Supreme Court case on product liability. A man was operating a shearing machine when his right hand slipped forward and caught in the device, slicing through ...
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  • Proving a Defective Product Liability Claim

    Product liability law in the United States is implemented in regards to the legal rules concerning who is responsible for defective or dangerous products. Why is this law so important? Because, each year, many people are injured or even killed at the hands of faulty products that are dangerous and cause harm. This law has been set in place to make it easier for an injured person to recover damages ...
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  • Airplane Accident Litigation and Victim Assistance Programs

    Airplane accidents may not be as prevalent as, say, accidents involving motor vehicles like cars, buses, or motorcycles. However, they still occur and they still bring grief and misfortune to many families. For instance, in San Diego August 2015, a midair collision occurred in Southern California. The death toll rose to five after an investigation took place. Two planes involved were approaching ...
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  • Can I Sue if a Pharmaceutical Drug I Took Causes Negative Side Effects?

    Pharmaceutical Drugs with defects will typically end up as a product liability suit when it comes to those who take action. A duty is owed to those who use these products by the manufacturers. They are supposed to appropriately test the drugs and medicines before they release them onto shelves with the aid of the U.S. Food and Drug Administration (FDA). When this doesn’t happen, where does a ...
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  • Railroad Worker Injuries and FELA Claims

    The history of our country says a lot about how we have protected the rights of employers for years. In 1908, Congress passed the Federal Employers Liability Act (FELA), which protected the thousands of railroad workers employed nationwide. But what is FELA? A FELA claim is similar to that of a workers’ compensation claim; both are designed to compensate injured workers for injuries sustained in ...
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  • Compensation for Defective Products and More

    Understanding Liability The first thing you will want before you consider what compensation you can receive for an injury is to determine liability. When it comes to defective products, a product liability claim may fall on many different people including the manufacturer, distributor, or seller of the product and any component parts that may have contributed. You may need to identify all of the ...
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  • Defective Drugs: Provigil

    Provigil, also known as modafinil, is a stimulant that has a use of helping patients who suffer from sleep disorders such as shift work disorder, narcolepsy, and obstructive sleep apnea/hypopnea syndrome. The exact mechanism of how this drug works is generally unknown, but CNS stimulants are known to increase alertness and wakefulness. CNS stimulants can also cause insomnia, nervousness, and ...
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  • Could Talcum Powder Usage be Linked to Ovarian Cancer?

    Talcum powder, the popular powder made from the mineral known as talc, could bring some alarming news along with it – it has links to causing ovarian cancer in women. This astonishing news is apparently anything but new, as early as the 1980s, studies were done to show that women who used the powder had higher rates of obtaining ovarian cancer than other women. Many people will use talcum powder, ...
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  • Wineries Failed to Notify Patrons of Arsenic Tainted Wine

    A lawsuit filed in Los Angeles Superior Court alleges that 28 wineries, including the widely popular Sutter Home, Charles Shaw, and Beringer wineries knowingly marketed, sold and permitted patrons to drink wine that was contaminated with arsenic without properly notifying them of the health hazards. Three of the plaintiffs allege in their claims that the contaminated wine contained a level of ...
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  • Xarelto - Uses & Bleeding Side Effects of Blood Thinner

    The current market for anticoagulants (blood thinners) is estimated to be about $10 billion. Eager to get a slice of the pie, many pharmaceutical companies are developing drugs to capture a piece of this lucrative market by producing safer and more easily used alternatives to Warfarin or Coumadin, the drug currently available. Warfarin is a blood thinner marketed as Coumadin, and other brand ...
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  • Wright Medical Hip Replacement

    The “Conserved” line of metal hip implant and its “Profemur Z Stem” manufactured by Wright Medical Technology a Wright Medical Group Company of Arlington, Tennessee have led to a significant number of lawsuits on behalf of patients who have experienced complications after their implantation (insertion) into their bodies. Hundreds of thousands of individuals in the United States are implanted with ...
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  • Airplane Turbulence and In-flight Injuries

    Injuries acquired from in-flight from airplanes crashes are rare, though they do occur. Airline passengers who suffer minor or severe injury from turbulence, slip and falls, or baggage falling from overhead storage may be entitled to compensation from the airline, the airline employees, aircraft manufacturers, or possibly from the Federal Aviation Administration. Many are unaware that a large ...
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  • $13,500,000.00

    HIGH SPEED REAR END COLLISION – CATASTROPHIC BRAIN INJURY

    A car was rear-ended at high speed on a freeway exit, causing the bumper to be pushed into back seat where a 22-year- old ...

  • $6,000,000.00

    DELIVERY TRUCK ACCIDENT – AMPUTATION & BRAIN INJURY

    National package delivery truck driver veered from his lane of traffic to on-coming lane and hit head on, drove up, and over ...

  • $4,250,000.00

    MOTORCYCLIST STRUCK BY VAN—SEVERE LOWER LEG INJURY

    A school van turned left in front of a motorcyclist, nearly taking off his lower left leg. The accident resulted in a serious ...