Products Liability Newsletters
Compensation for Fear in Product Liability Actions
In some product liability actions, such as asbestos and breast implant litigation, a known risk of the defective product is an increased risk of cancer. As a result of the litigation concerning the products, plaintiffs or potential plaintiffs may become fearful of developing cancer. Even if they never do develop cancer, a number of courts have allowed these plaintiffs to recover damages for "fear of cancer."
Criminal Sanctions against Companies for Defrauding the Government and Selling Adulterated Foods and Drugs
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.
Jury Instructions in Products Liability Lawsuits
After all the evidence is presented in a trial, the judge gives instructions to the jury. The instructions tell the jury the law it must follow in reaching a verdict. The jury's role is to consider all the evidence and determine what happened. There are three separate claims for liability in products liability lawsuits: strict liability, negligence, and breach of warranty.
Possible Defendants in Product Liability Actions
Product liability laws protect consumers from unsafe products. What happens if a consumer doesn't know who manufactures the product? Can anyone else be held liable? What about sellers, resellers, assemblers, and manufacturers of component parts? Can anyone in the product chain from conception to purchase be held liable for a product's defects? Can anyone in the product chain be held liable for all of the damages of an injured consumer?
Ultrahazardous Activity Doctrine
The ultrahazardous activity doctrine imposes strict liability for damage proximately caused by one who carries on an "ultrahazardous" or "abnormally dangerous" activity. This means that even if the person performing the ultrahazardous or abnormally dangerous activity uses the utmost case, that person will still be held liable for any resulting damage.
