Products Liability Archives

Is FDA approval a bar to a product liability claim?

The growth of the pharmaceutical industry seems unabated; with new prescription drugs released every year. Yet the side effects that often accompany the marketing and packaging labels of prescription drugs may raise safety concerns among some consumers.

Can a car crash give rise to a product liability claim?

With spring break in full swing, college students all across America may be taking road trips in vehicles that, from their appearance, might seem unequipped for the trip. Hopefully, those trips will be accident free. But if any trips do end in a crash, here are some important legal tips.

Who is liable when a contaminated medical device causes injury?

If an infected medial device injures a patient, should the manufacturer be liable under a products liability claim? For example, are some devices unreasonably difficult to sterilize or clean? The answer requires more factual context. 

Can product liability be alleged before a product recall issues?

Ford Motor Company recently announced a recall of its Ford Ranger pickup trucks due to an issue with the vehicles' airbags, made by Takata Corporation. In some cases, the chemical propellant in the air bags may become explosive. An estimated 400,000 Ford pickup trucks may be affected. 

Products liability: Children can be injured by dangerous toys

December is an exciting time for children in Alabama. Parents often plan and save for months in order to buy their children the perfect gift for the holiday season. Despite the thoughtfulness of a gift and the amount of effort put into obtaining it, there are many children who are injured each year as a result of dangerous, defective toys. In these cases, a products liability lawsuit may be appropriate.

Some holiday gifts might be better left on the shelves

It’s the time of year when consumers are likely shopping for the perfect holiday gifts for friends and loved ones. Although each holiday season may promise new gift innovations, some may come with the risk of a product liability claim.

Could a drug maker be liable for off-label uses of its product?

Expecting mothers often go to great lengths to protect the health of their developing child. Such proactive measures may include dietary restrictions; prenatal care visits and other health best practices. Imagine, then, the heartbreak that the parents in a recent product liability lawsuit must have felt after discovering that the medication they took during their pregnancy may have resulted in birth defects.

Does a product liability claim require physical injury?

Readers may more commonly associate product liability claims with auto recalls or equipment. However, it’s important to remember that nearly any type of dangerous or defective product that causes injury may fall under product liability laws. That umbrella includes prescription drugs that cause harmful, unintended side effects, adverse reactions, or possibly even those that fail to work as advertised.

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Birmingham Office: 205-879-1981
Montgomery Office: 334-557-7114
Fax: 205-879-1986