What is Product Liability?
Product liability refers to the accountability of a merchant, business, or manufacturer for bodily injury or property damage caused by a defect in their product.
According to the Legal Information Institute (LII) at Cornell Law School, product liability is defined as “the legal liability of manufacturers, distributors, and sellers to compensate consumers, users, and bystanders for damages or injuries caused by defective products.” As such, the term refers to the legal responsibility of manufacturers, retailers, and other parties involved in the supply chain for injuries or damages caused by defective or unsafe products. It encompasses the legal principles and rules governing liability for products that fail to meet safety standards or perform as expected, resulting in harm to consumers or users.
Product defects that may give rise to product liability can induce design, manufacturing, or labeling defects. Navigating product liability for such defective products involves proving that a product was defective, establishing causation between the defect and the injury, and demonstrating damages suffered by the plaintiff. Legal remedies may include compensation for medical expenses, lost wages, pain and suffering, and punitive damages in cases of gross negligence or willful misconduct.
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Ford and Toyota Issue Recalls
Ford Motor Company and Toyota Motor Sales have both issued recalls for vehicles. Toyota issued a voluntary safety recall involving 2006 to early 2011 model year RAV4 and 2010 model year Lexus HS 250h vehicles sold in the U.S. Ford’s recall is for its 2013 Escape SUVs.
Toyota Recall
Toyota reports in its press release of the recall:
“Toyota has determined if the nuts on the rear suspension arm are not tightened following the proper procedure and torque specification during a rear wheel alignment service, excessive play may occur at the threaded portion of the arm, followed by rust formation. If this were to occur, the threaded portion of the rear suspension arm may wear and cause the arm to separate.”
The National Highway Traffic Safety Administration (NHTSA) notes that failure of the rear tire rod could cause a loss of vehicle control, […]
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CDC Lowers Amount of Lead Considered Toxic in Children
CDC lowers toxicity level of lead by 50 percent
Our Pennsylvania product liability attorneys have reported on numerous occasions about the dangers posed to children from every-day products – including batteries and magnets. While both of these pose swallowing hazards to children, some toys have been shown to contain lead which can lead to lead poisoning.
The U.S. Environmental Protection Agency reports that excess lead exposure affects the nervous system and can cause a range of health effects, from behavioral problems and learning disabilities, to seizures and death. The EPA reports that children six years old and younger are most at risk. Some of the adverse affects from lead exposure include: damage to the brain and nervous system; behavior and learning problems, such as hyperactivity; slowed growth; hearing problems; headaches; anemia; and in rare cases of acute lead poisoning from ingestion of lead, seizures, […]
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SOUND Devices Act Closes Product Liability Loophole
Scranton, PA, February 23, 2012 – Pennsylvania product liability lawyer Caroline Munley today called for passage of a bill that would enable the U.S. Food and Drug Administration to reject medical devices that are modeled after devices already known to be flawed.
“The SOUND Devices Act closes a loophole that allows medical device manufacturers to basically skirt the FDA approval process,” said Munley, a partner in the regional law firm of Munley, Munley & Cartwright, whose Pennsylvania product liability attorneys represent consumers and patients who are harmed by defective products, including flawed medical devices.
“A process that avoids scrutiny is wrong and should be unnecessary,” Munley said. “Every new medical device submitted for approval for the American marketplace should be able to stand on its own merits.”
The Safety Of Untested and New Devices Act of 2012 (SOUND Devices Act) eliminates a loophole in the Food and Drug Administration’s device-approval process known as section 510(k), […]
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Woman Who Lost Arm To Receive $8.8 Million
In 2004, a 16-year-old girl got the pocket of her coat caught on a bolt protruding from the drive shaft of an auger-like post-hole digger operated by her stepfather. Her arm wrapped around the auger resulting in the loss of her arm.
A New York jury hearing the case in State Supreme Court decided the manufacturer of the digger, Ford New Holland (now known as Case New Holland) sold a defective product and awarded the now 21-year-old girl $8.8 million. The jury placed 35% of the blame on Case New Holland and 30% each on Peter A Smith, the owner of the digger and the person who loaned the digger to the stepfather, and on SMC Corp. from Sioux Fall, S.D., the company who assembled the digger.
The bolt that caught on the girl’s coat was supposed to be covered by a shield, but the shield broke and was removed by Smith, […]
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GlaxoSmithKline Sets Aside $3.4 Billion For Avandia Suits
GlaxoSmithKline will put aside $3.4 billion to pay for additional product liability charges over its drug Avandia.
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