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Common Types of Product Liability Lawsuits - Personal Injury Law |
Article Submitted by: Daniel Beasley
Thursday, 04 March 2010
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Establishing liability in product liability lawsuits can be complicated, especially when time has elapsed since a product was manufactured and it is impossible to ascertain the identities of the manufacturer and/or distributor. There is no national law regarding product liability and each state has its own statutes, which may add to the complexity of the case. Pharmaceutical drug liability is a common form of product liability lawsuits. Although drugs are tested and approved by the Federal Drug Administration, as well as rigorously tested by the manufacturer prior to submission to the Federal Drug Administration, the manufacturer of the drug still has liability to a consumer for defective or dangerous drugs. Some drugs cannot be formulated without adverse side effects. Warning information from the manufacturer about known and possible side effects must accompany these types of drugs. If the drug is indeed dispensed with the appropriate warnings, a consumer does not have a basis for a product liability lawsuit. Motor vehicle defect product liability lawsuits must prove three components: the vehicle was inherently dangerous and you suffered injuries because of this; your injury occurred while you were using the vehicle in the intended manner for which it was manufactured; and, the vehicle was not substantially changed from its original manufactured condition. The defect can be contained within the design, occur during the assembly process or delivery from the manufacturer to the dealer. Additionally, the manufacturer has a duty to warn of any dangerous elements in the vehicle. You do not need to prove the manufacturer was negligent in the design, manufacturer, or delivery of the vehicle for a product liability lawsuit to be successful. Firearms, not the person holding or firing the weapon, can also be the subject of product liability lawsuits. A product is considered defective if it contains a design flaw or manufacture imperfection. The manner in which the firearm was being used at the time of injury is examined to determine if it was being operated within appropriate standards of care. A firearms product liability lawsuit may be possible in circumstances where a malfunction occurred or appropriate warnings regarding extraordinarily dangerous facets of the weapon were not provided and injuries resulted. Article Source: http://www.ArticleBlast.com |
About The Author:
If you would like more info on legal matters, speak with an Indianapolis product liability attorney, Indianapolis auto accident attorney, and Indianapolis, Indiana personal injury lawyers.
If you would like more info on legal matters, speak with an Indianapolis product liability attorney, Indianapolis auto accident attorney, and Indianapolis, Indiana personal injury lawyers.
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