| Defective Warning Claims |
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| A product is considered defective if it there is a flaw in its design, if it was improperly manufactured, or if the manufacturer failed to provide adequate warnings or directions for its use. The manufacturer has a duty to warn of any known dangers of using a product. There is also a duty to warn of any dangers the manufacturer could have anticipated if the product were misused. This article discusses products liability lawsuits based on warning defect claims. More... |
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| "Junk Science" and Products Liability Litigation |
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| If a consumer suffers an injury while using a defective product, he/she can sue the manufacturer or, in some cases, the distributor, seller, or retailer of the product. To recover damages in a products liability lawsuit, the consumer must show that the product was defective and that the defective product caused his/her injury or loss. There has to be a direct connection between the product defect and the injury or loss. In legal terms, this is referred to as causation.
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| Cellular Phone Radiation |
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| Cellular phones are hand-held wireless telephones that have a built-in antenna. Cellular phones are regulated by the Federal Communications Commission (FCC) and the Food and Drug Administration (FDA). The FCC sets safety guidelines that limit radiofrequency energy on wireless phones sold in the U.S. The FDA monitors the health effects of cellular phone use. Cellular phone use has skyrocketed. There were 16 million cellular phone users in the United States in 1994. By 2001, there were more than 118 million cellular phone users. This article focuses on the FDA's regulation of cellular phones.More... |
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| The Reimportation of Prescription Drugs |
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| Health care costs, especially the cost of prescription drugs, have increased dramatically in recent years. Americans pay higher costs for prescription drugs than consumers abroad. U.S. consumers, particularly the elderly, have demanded changes that would make prescription drugs more affordable. This article discusses past and current federal legislation dealing with the reimportation of prescription drugs. Safety has been one of the major issues in the battle over the reimportation of prescription drugs. Current law prohibits the reimportation of prescription drugs until the Secretary of Health and Human Services (HHS) certifies the safety of reimported prescription drugs. More... |
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| The Role of an Expert Witness in a Products Liability Lawsuit |
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| Products liability is an area of law that deals with personal injuries and property damage caused by defective products. Products liability litigation is generally very complex. Although expert evidence is not required to prove a defect, the plaintiff (person suing) will generally call an expert in a products liability suit. The defendant (person being sued) also relies on expert testimony to prove that the product was not defective. More... |
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