Products Liability

A variety of different products have been found to be defective, including certain types of seat belts, air bags, tires, brake systems, a variety of prescription and over-the-counter medication, and medical and surgical devices, as well as consumer products such as appliances, tools and toys. Product manufacturers are generally held to a strict liability standard, which means that it is not necessary to prove that the manufacturer of the product was negligent to obtain a successful result. Simply proving that the defective product harmed the plaintiff is usually sufficient to sustain a cause of action.

Perhaps the most recurring instance of potential product liability can be found in the automobile industry. It seems that automobile manufacturers are issuing recalls on vehicles they have introduced into the stream of commerce at an alarming rate. Even though many vehicle manufacturers attempt to engineer their cars to operate safely, motor vehicle accidents still occur on a daily basis at a feverish rate. SUVs have a greater tendency to roll than do other vehicles. Studies have shown that SUVs have the highest rate of rollover in fatal crashes, almost doubling that of passenger cars.

Before a prescription medication can be marketed, it must undergo a litany of clinical tests and trials required by the Federal Drug Administration (FDA). However, the FDA's approval of a particular medication does not absolve its manufacturer of the responsibility to inform consumers and physicians of a drug's potential side effects. Defective drugs may have side effects that cause serious injury and harm to those who ingest them. While the FDA will recall those drugs that are proven to be dangerous, sometimes it is too late, if the drug has been introduced into the marketplace and distributed to the public. Sometimes, a certain production of a drug that is generally safe is recalled because of abnormalities with the manufacturing of the drug. If you have been prescribed or taken any of the prescription medications that have been recalled and have suffered an injury, you should contact a personal injury attorney to discuss your case.