Category: Product Liability

Tesla Sparks Serious Product Liability Issues

Tesla Motors has made quite a spark in the news recently. With two electric cars catching fire in the U.S. since October, the National Highway Traffic Safety Administration began a probe for more information. The NHTSA requested information about design modifications and engineering drawings for the Model S electric sedan. Tesla has until Jan. 14 […]

What Does FDA Approval Mean For You?

(U. S. Personal Injury Claims law and generally) The Food and Drug Administration (FDA) is a government agency that was designed to protect consumers from dangerous foods, medications and medical devices. The FDA has established many different testing and product standards that businesses must comply with to sell their products in the United States. The […]

Incretin Mimetics MDL Established in California District Court

Byetta, Januvia, Janumet and Victoza are all diabetes treatments in a class of drugs known as incretin mimetics. Used to stabilize blood glucose levels in patients who suffer Type 2 diabetes, the medications have been linked to potentially life-threatening side effects including an increased risk of acute pancreatitis and pancreatic cancer. Since their launch on […]

What is Market Share Liability?

The legal concept of market share liability was created more than 30 years ago through the famous ruling by the 1980 California Supreme Court in Sindell v. Abbott Laboratories. It provides for plaintiffs in a suit against a manufacturer of a product, where others may also manufacture the same or similar product, to receive proportionate […]

Baby Safety and Faulty Equipment: What does the Law Say?

Parents must always be on guard when it comes to purchasing and using baby furniture and accessories. Even though there are many guidelines and laws in place to ensure that these products do not harm your baby when used, injures are still occurring. In fact, a recent study released by the Center for Disease Control […]

Football Helmets Continue to Be a Concern with Product Liability

It seems as if football is under the microscope every year with new discoveries about the effects of concussions and the ever-changing rules about tackling and where a player can hit another player. This pressure mounts on football equipment manufacturers, the players and the families of young players, as parents weigh the risks and concerns […]

A Heated Court Room Battle Rages Against Johnson and Johnson’s in the De Puy Hip Implant Recall Case

Plaintiffs in a heated court room battle against Johnson and Johnson’s De Puy, the manufacturer of an allegedly defective artificial hip implants, scored an impressive victory last week when Judge Brian R. Martinotti, a New Jersey Superior Court judge, denied Johnson and Johnson International’s attempt to separate the bellwether trials of Barbara Gullo and Kevin […]

PLIVA, Inc. v. Mensing: The Preemption Puzzle & Product Liability

Drug manufacturers have a duty to provide adequate warnings to consumers about the dangers their drugs present.  If a drug manufacturer knows or should have known about a risk of injury and fails to adequately disclose it, then under the product liability law theory of “failure-to-warn” the manufacturer may be liable to a consumer who […]