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.
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.
Readers may have heard about a $30 million settlement involving gun maker Taurus International and the plaintiffs in a product liability class action lawsuit. The company agreed to that sum to settle claims about an allegedly defective trigger design in nine types of Taurus pistols. Around 1 million pistols are implicated by the class action litigation.
Under Alabama law, the injury, death or property damage resulting from a faulty product may involve product liability. Section 6-5-501 specifically lists several types of claims, premised on actions such as negligence, misrepresentation, a manufacturer’s liability doctrine, or a breach of warranty. Notably, the law also precludes the defenses of contribution and indemnity.
As we’ve discussed, a personal injury lawsuit generally includes an allegation that the plaintiff’s injuries resulted from another individual’s negligent actions. A products liability lawsuit, in contrast, usually includes a claim against a manufacturer alleging an unsafe or dangerous defect in a product’s design or function.
Technology sometimes results in increased automated processes in warehouses and factories. Yet is a robotic coworker as safe as its human counterpart? A recent article explores the potential impact to workers’ compensation policies and safety issues posed by large robotic machinery in close proximity to human workers.
When bringing a product liability lawsuit, an injured consumer may anticipate challenges regarding causation and the amount of his or her damages. For example, a manufacturer may attempt to offer alternative theories for the consumer’s injury, possibly even including the actions of the consumer under a contributory negligence affirmative defense. A defendant in a product liability lawsuit may also challenge the plaintiff’s damages, offering alternative calculations.
Fans of the television series “Homeland” may recall that a homicide was perpetrated against one of the characters by disabling his pacemaker. It turns out that this plot twist may have some basis in reality.
When most people in the state of Alabama make a purchase, they likely spend little, if any, time considering ways in which the item might inflict harm. Whether any consideration is given to it or not, people are still hurt as a result of using defective products they way there were intended to be used. The severity of the injuries suffered in such an incident can range from minor to serious and can lead to mounting medical bills and related expenses.
The idea behind airbags is that they will protect passengers who occupy the vehicles in which they are installed. Because of this it is particularly upsetting when the very things meant to keep people safe actually end up injuring them. This is exactly what is happening with some airbags installed in vehicles found in the United States. The airbags were manufactured in Japan.