| Defective Warning Claims |
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| A product is considered defective if it there is a flaw in its design, if it was improperly manufactured, or if the manufacturer failed to provide adequate warnings or directions for its use. The manufacturer has a duty to warn of any known dangers of using a product. There is also a duty to warn of any dangers the manufacturer could have anticipated if the product were misused. This article discusses products liability lawsuits based on warning defect claims. More... |
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| The NHTSA and Vehicle Defect Notification Requirements |
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| The National Highway Transportation Safety Administration (NHTSA), the government agency responsible for motor vehicle safety, is responsible for the administration of national safety recalls by manufacturers or distributors of motor vehicles and items of motor vehicle equipment. The NHTSA is required to initiate the safety recall process when a safety defect or noncompliance with a federal motor vehicle safety standard (FMVSS) has been determined. The NHTSA also investigated alleged safety defects and tests vehicles for noncompliance with FMVSS.
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| Flammable Fabrics Act |
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| The Flammable Fabrics Act covers clothing, children's sleepwear, and interior furnishings, as well as materials such as paper, plastic, and foam, which are used in wearing apparel and interior furnishings. Under the Flammable Fabrics Act, the Consumer Product Safety Commission can issue mandatory flammability standards. Flammability standards have been established for clothing textiles, vinyl plastic film used in clothing, carpets, rugs, children's sleepwear, mattresses and mattress pads. Products that do not meet the Commission's flammability standards cannot be sold or distributed in interstate commerce. Consumers should know that a fabric that passes the federal flammability standards might still burn. More... |
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| Use of Investigational Drugs in Human Clinical Studies |
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| In a clinical study, human volunteers receive investigational drug therapy. The effects of the treatment are compared with a control group of human volunteers who receive either the standard treatment or a placebo (a sugar pill that has no therapeutic benefit). Researchers are able to conclude whether the experimental drug had a better outcome than the standard treatment. The experimental drug might produce a better outcome, but it might not work. It could prove dangerous or even deadly.
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| Punitive Damages Awards in Product Liability Suits |
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| Punitive damages are damages in excess of damages awarded to compensate a tort victim for injuries sustained. Also called exemplary damages, punitive damages are awarded to punish a tortfeasor for wanton or malicious conduct. Punitive damages have often been assessed in product liability actions.
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