Products Liability
| The Food and Drug Administration's 2004 Initiatives for Dietary Supplements |
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| Congress passed the Dietary Supplement Health and Education Act of 1994 (DSHEA), giving the Food and Drug Administration (FDA) power to adopt specific standards for dietary supplements. Dietary supplements include vitamins, minerals, herbs, botanicals, amino acids, and nutraceuticals. More... |
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| The Role of the Food and Drug Administration in Product Safety |
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| The Role of the Food and Drug Administration in Product Safety More... |
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| Criminal Sanctions against Companies for Defrauding the Government and Selling Adulterated Foods and Drugs |
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| Federal law prohibits a company, its officers, or its management from making false statements to the federal government or defrauding the government. In addition, various laws allow federal agencies to ask the U.S. Attorney General to bring criminal prosecutions against companies, their officers, or their management. More... |
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| Statute of Limitations in Products Liability Litigation |
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| When a person suffers personal injury or property damage due to a product that is defectively designed or manufactured, the injured person has a set time period (called the statute of limitations) in which to file a lawsuit. Statutes of limitations restrict the time period a person has to file a lawsuit. Statutes of limitations vary from state to state. They also vary depending upon the type of lawsuit filed. For example, Ohio law allows a person 6 years to sue for breach of an oral contract and 15 years to sue for breach of a written contract. The Ohio wrongful death law requires a lawsuit to be filed within 2 years after the death occurs. If a claim expired due to the statute of limitations, the defendant (the person being sued) has to raise the statute of limitations as a defense in the lawsuit. If the defense is raised in court, the lawsuit will be barred. If the defendant fails to raise the defense, it is waived and the lawsuit can proceed.
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| Types of Defects in Products |
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| A manufacturer has a duty to make safe products for consumers. It does not, however, have to make products that are completely accident proof or design the safest product possible. In products liability law, a defect does not mean an inferior quality product, instead it refers to the lack of safety in the product--the product has an unexpected defect or danger. More... |
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