PRODUCT LIABILITY

Chantix May Raise Risk of Cardiovascular Events

Submitted by jrlaw on Dec 27th, 2012

The FDA has stated that Chantix, a drug prescribed to relieve the symptoms of smoking cessation, may increase the risk of having a major cardiovascular event.

This data was collected during clinical trials and demonstrated that there was a higher occurrence of adverse cardiovascular events in patients who were using the drug Chantix when compared to patients who were using a placebo. Major cardiovascular events include nonfatal heart attacks, cardiovascular related deaths and nonfatal strokes.

Uninspected, Misbranded Meat Recalled in Texas

Submitted by jrlaw on Nov 2nd, 2012

According to a release by the USDA, a high health risk recall is in effect for pork and beef products produced by Lao Chareune Foods of Dallas, Texas. The products include 3-ounce and 8-ounce packages containing "Pork Snack Stick" food, 3.2-ounce packages containing "Seasoned Fried Beef", 1.76-ounce packages containing "Fried Pork Skins" and 1.2-ounce packages containing Slights Fried Pork Ears".

What Are Defective Products Claims?

Submitted by jrlaw on May 1st, 2012

Defective products claims work in specific ways. There are some instances where people end up getting damages out of a jury award simply because a product cost them money and because it didn't live up to their expectations based on the advertisement for the product. There are also cases where filing a defective products claim is undertaken because much more serious problems with the product ended up costing the person who purchased it dearly.

A defective products claim can be filed under three basic circumstances. First, a product is manufactured in a way that was defective and that ended up bringing harm to the consumer. Second, the product was designed in a way that was defective and that ended up bringing harm to the consumer. Third, the product was advertised in a way that was defective and that ended up bringing harm to the consumer. Harm can mean financial damage, physical damage, damage to property or any other type of damage that can be quantified and added to the damages sought via the lawsuit.

Filing a Lawsuit over Defective Products

Submitted by jrlaw on May 1st, 2012

Filing a lawsuit over a defective product is not a get rich quick scheme. In fact, most of the people who end up filing such a lawsuit have suffered real financial or physical harm due to the product that they were using. In order for them to recuperate those losses, a defective product attorney may advise them to file a lawsuit and to take the company that manufactured the product to court. The products that people sue over range from dangerous coffeemakers to unsafe drugs that are used to treat very serious conditions.

The filing of a lawsuit over a defective products starts by determining what about the product was actually defective. Defective products can be defective in terms of their manufacture, their advertising or their design. Some products are dangerous and, because of that, it's difficult to sue when these products end up causing injury. For example, most of the tools that people have in their garages are actually very dangerous if used improperly. It's difficult to sue over injuries sustained while using such products unless the person using them was doing so in exact accordance with the instructions for the device and was injured anyway.

Product Liability Basics

Submitted by jrlaw on Mar 27th, 2012

The reason product liability law exists is to make certain that consumers have some way of getting compensated when a manufacturer irresponsibly releases a product onto the market that ends up causing someone harm. Harm can mean the destruction of your property, damage to your body, long-term effects on your health and many other things. Product liability lawyers in Texas represent people who have been injured because of the negligence of a company, and that quite often means that they end up going up against some very large corporations.

Unsafe Drugs

Unsafe drugs are some of the most common targets of product liability claims. Well-known drugs such as Paxil, Accutane, Vioxx, Chantix and others have all been the subjects of lawsuits over the years. Sometimes these drugs are released on the market despite the fact that testing has shown them to pose a very real threat to consumers. In these cases, the company sometimes acts based on the fact that they'll end up making more money off of the unsafe drug than they will lose to lawsuits and, despite the risks to consumers, they keep producing the drug.

Products that Kill

Submitted by jrlaw on Mar 27th, 2012

On the consumer marketplace, there are most certainly products that could kill you when used as directed. For example, a firearm is specifically designed to be a  deadly product and, because of that, manufacturers enjoy some safety from being sued when their products are used in irresponsible ways that end up hurting or killing someone. The key element here is that products are intended to be used in a specific way. If they are used in that fashion and they end up hurting someone, or killing someone, the manufacturer may be vulnerable to being sued for negligence.

Use Only as Directed

You've probably heard the caveat "use only as directed" many times in your life. The reason that manufacturers put this warning on their products is to make you aware that, if you use those products incorrectly, they could pose a very real risk to your well-being. If you are, for example, using a radio near a bathtub, using a ladder on an icy surface or taking a medication in too great of quantities, the manufacturer really cannot be held liable for that. In these situations, you're the one putting yourself at risk.

Manufacturing Flaws and Defective Products

Submitted by jrlaw on Mar 27th, 2012

One of the ways in which a product may be found to be defective is in terms of its manufacturing. In cases where people sue over defective products, they're usually suing over the advertising, design or manufacturing processes involved in getting that product on the market. Sometimes, companies have good designs and they advertise the products honestly but, in the end, their manufacturing processes end up being so flawed that the product poses a genuine danger to the people who purchase it.

Lemons

Probably the most common example of a product that is manufactured in a defective way is a bad vehicle. Most of the time, cars that are manufactured poorly are called lemons. These are vehicles that have flaws in them that are either dangerous or that render the vehicle unreliable. In the best case scenario, the manufacturer will discover that there is a flaw in their vehicle and they will recall them immediately. In these instances, the vehicle is usually repaired at no cost to the consumer and, after the issue is resolved, the product is completely serviceable. There are cases, however, where manufacturing flaws are not discovered until somebody gets hurt.

Can I Sue if a Product Was Recalled?

Submitted by jrlaw on Feb 2nd, 2012

A product being recalled is not, in and of itself, a reason to sue the manufacturer. In fact, in some cases, the manufacturer is only being responsible by recalling a product that proved to be defective in some way. Provided that they managed to do it before anyone suffered any financial or physical harm, they probably won't be liable for damages due to the product. There are cases, however, where a product you use being recalled is certainly reason to consider speaking with an attorney.

Defective Products Attorneys

Defective products attorneys represent people who were injured because a product was improperly manufactured, designed or advertised. In some cases, the defects in these products cause them to be recalled long before they cause any damage to anybody. This is not always the case, however. There are many different ways that a product can cause damage to somebody. It's not always physical.

There have been several coffeemakers over the years that have been recalled from the market because they pose a fire hazard. If you own one of these coffeemakers and if it caused damage to your property, you may have a chance of winning a jury award or settlement by filing a lawsuit against the manufacturer. This is because, when using the product as directed, you suffered real and objectively measurable harm. If you did not suffer any harm, you may not be able to sue.

So,What is Product Liability?

Submitted by jrlaw on Feb 2nd, 2012

Manufacturers are responsible for the safety of the products that they put on the market. They're also responsible for the advertising for those products being accurate. When there is a problem with either, the manufacturer is sometimes vulnerable to being sued. There are basically three major reasons that manufactures end up getting sued over defective products.

  • Defective design
  • Defective manufacturing processes
  • Inaccurate advertising

Sometimes, violating any one of these three standards for safety results in a death. Remember, if you did lose somebody because they used a product that they assumed was safe and ended up getting killed, you may have the option to file a lawsuit. You have to speak with an attorney to determine whether or not this is the case.

What Does Defective Mean?

Products are designed for specific purposes. For example, a hatchet is designed to chop wood and other small items. As long as it performs that task safely and effectively, it can be said to be a safe product. If you were using a hatchet and the handle broke, causing the blade to break free and blind you, you might have a product liability suit on your hands. The reason you would have the option of filing a lawsuit would be because you were using the product as directed and as intended and it ended up injuring you anyway.

Considering a Product Liability Lawsuit

Submitted by jrlaw on Nov 21st, 2011

A product liability lawsuit is something you might want to consider if you believe that a company was negligent in the design, marketing or manufacture of a product. If you are injured by the product, you may be able to file a lawsuit. Financial injury is also a reason to consider a lawsuit. The first step in filing a lawsuit, of course, is speaking with the lawyer to determine whether or not they can help you.

Consultations

Most of the time, the initial meeting with a lawyer will be free of charge. During this free consultation, they will determine whether or not they believe that they can help you with a lawsuit. If they can't help you, they won't take your case. There is a very simple reason for this: most of them work on contingency and don't get paid unless they win. These lawyers have no motivation to take a case that they don't believe is going to win, so you're not at risk of wasting money on legal fees.

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