Where can I look
for a list of recalled products and how can I report a
defective product?
What are the
leading causes of nonfatal fatal injuries?
What is "Product
Liability"?
How is it proven
that a product is "dangerous"?
What types of
damages may be sought in a product liability lawsuit?
Where can I
look for a list of recalled products and how can I report a
defective product?
The
US Consumer Product Safety Commission provides an
on-line reporting form to report unsafe products, and an
injury or death involving consumer products.
The
USDA provides a list of significant product recalls,
market withdrawals, and safety alerts.
Top
What are the
leading causes of nonfatal and fatal injuries?
The
National Center for Injury Prevention and Control
provides an interactive database system that you can
customize to created reports regarding nationally reported
injuries by gender and age.
Top
What is
"Product Liability"?
The phrase "product liability" is used to describe
situations in which a person or property is injured or
damaged in some way due to a defective product or service.
Products liability is not a legal theory like "strict
liability" or "negligence", rather the phrase simply means
that the supplier, manufacturer, or seller may be liable for
any injury or damage caused by such product or service.
For example, Manufacturers
of food products, drinks, engineering goods, medicines, etc
are expected to be careful in their production. If they fail
in their duty, they are liable to pay compensation for the
consequences because their defective products might cause
loss of life and damage to property.
Top
How is it
proven that a product is "dangerous"?
There are several legal
approaches:
- Negligence - this would
involve proving the manufacturer failed to use "ordinary"
or "reasonable" care
- Strict Liability - this
would involve proving that the product was "unreasonably
dangerous" by defect in design, how it was made, or how it
was marketed
- Breach of Warranty -
this would involve the reasonable expectation of the
product and its performance. The warranty can be implied,
not necessarily in writing.
Top
What types of
damages may be sought in a product liability lawsuit?
A person injured due to a defective product may seek
compensation for:
- medical expenses
- physical pain and
suffering
- mental anguish
- disfigurement
- physical impairment
- loss of earning capacity
- property damage
- punitive damages
Top
|
