Where can I
look for a list of recalled products and how can I report a defective
product?
What are
the leading causes of nonfatal fatal injuries?
What is
"Product Liability"?
How is it
proven that a product is "dangerous"?
What types
of damages may be sought in a product liability lawsuit?
Where can I look for a list of recalled
products and how can I report a defective product?
The US Consumer Product Safety Commission provides
an on-line reporting form to report unsafe products, and an injury or death
involving consumer products.
The USDA provides a
list of significant product recalls, market withdrawals, and safety
alerts.
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What are the leading causes of nonfatal and
fatal injuries?
The National Center for Injury Prevention
and Control provides an interactive database system that you can customize
to created reports regarding nationally reported injuries by gender and
age.
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What is "Product Liability"?
The
phrase "product liability" is used to describe situations in which a person or
property is injured or damaged in some way due to a defective product or
service. Products liability is not a legal theory like "strict liability" or
"negligence", rather the phrase simply means that the supplier, manufacturer, or
seller may be liable for any injury or damage caused by such product or
service.
For example, Manufacturers of food products, drinks,
engineering goods, medicines, etc are expected to be careful in their
production. If they fail in their duty, they are liable to pay compensation for
the consequences because their defective products might cause loss of life and
damage to property.
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How is it proven that a product is
"dangerous"?
There are several legal approaches:
- Negligence - this would involve proving the
manufacturer failed to use "ordinary" or "reasonable" care
- Strict Liability - this would involve proving that
the product was "unreasonably dangerous" by defect in design, how it was made,
or how it was marketed
- Breach of Warranty - this would involve the
reasonable expectation of the product and its performance. The warranty can be
implied, not necessarily in writing.
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What types of damages may be sought in a
product liability lawsuit?
A person injured due to a defective
product may seek compensation for:
- medical expenses
- physical pain and suffering
- mental anguish
- disfigurement
- physical impairment
- loss of earning capacity
- property damage
- punitive damages
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