| Jury Instructions in Products Liability Lawsuits |
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| The judge gives instructions to the jury (also called the jury charge) after both sides present their evidence at trial. The instructions tell the jury the law it must follow in reaching a verdict. The jury's function is to consider all the evidence and decide what happened. There are three separate types of claims in products liability lawsuits: strict liability, negligence, and breach of warranty. More... |
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| Drugs and Medical Devices |
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| Drug manufacturers have a duty to sell drugs and medical devices that are reasonably safe and must warn consumers of any known side effects. You may have a claim against a drug manufacturer if you have suffered illness or injury as a result of using a drug or medical device. Drugs have to be approved by the United States Food and Drug Administration (FDA) before being sold to consumers. FDA approval of a drug or medical device is not a guarantee of its safety and does not protect the drug manufacturer from liability for injuries to consumers.More... |
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| Defective Vehicle Gas Tanks |
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| Vehicle gas tank explosions are responsible for numerous deaths in the United States. Product liability actions involving gas tank explosions generally allege that the injuries the plaintiffs incurred in an accident were made worse because the defective design of the gas tank made it more likely that the gas tank would explode. Actions alleging defective gas tanks usually allege that the gas tank was improperly designed, that it was improperly located on the vehicle, or that the manufacturer failed to warn vehicle owners of the dangers associated with the gas tank or its placement. However, vehicle manufacturers are not required to produce a gas tank that is incapable of exploding. More... |
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| Federal Hazardous Substances Act |
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| The Consumer Product Safety Commission (Commission), a federal regulatory agency, enforces the Federal Hazardous Substances Act (Act). The Act regulates hazardous substances. A hazardous substance means a substance that is toxic, corrosive, an irritant, or flammable and which can cause serious personal injury or illness when used. Pesticides and fuels are regulated by other federal agencies and do not fall within the definition of a hazardous substance. More... |
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| Punitive Damages in Products Liability Lawsuits |
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| In the context of products liability litigation, damages means a monetary award to compensate an injured person for medical expenses, lost wages, and the pain and suffering associated with the injury. In addition, the courts can award punitive damages, also called exemplary damages. Punitive damages are awarded to punish the manufacturer or seller that caused the injury when the court finds that the misconduct of the manufacturer or the seller was outrageous. The courts try to deter similar conduct in the future by awarding punitive damages. Punitive damages are aimed at deterrence and retribution.
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