Products Liability Newsletters

Product Liability and Microbial Foodborne Illness

According to the United States Centers for Disease Control and Prevention (CDC), 76 million people suffer foodborne illnesses each year in the U.S., accounting for 325,000 hospitalizations and more than 5,000 deaths. As a result, those afflicted with food-borne illnesses have sought redress in the legal system against food manufacturers, retailers, suppliers, and restaurants.

Consumer Product Safety Act

The Consumer Product Safety Act of 1972 (Act) created the U.S. Consumer Product Safety Commission (Commission). Under the Act, the Commission has authority to adopt consumer product safety rules. The Act requires manufacturers to place warning labels and information labels on consumer products. The Act also requires manufacturers to report defects that have or may cause serious injury or death. Manufacturers must also report a product that fails to comply with a consumer product safety standard. The Act creates a federal tort cause of action for a knowing violation of safety standards or the Commission's rules. Injured persons who win a lawsuit under the Act can receive attorney fees and recover expert witness fees.

Insurance and Drug Products Liability

An insurance policy is a contract between an insurance company (the insurer) and an individual or company (the insured). Under the contract, the insurer agrees to defend the insured if the insured is sued. The insurer also agrees to indemnify or repay the insured for any losses that are covered by the policy.

Punitive Damages in Products Liability Lawsuits

In the context of products liability litigation, damages means a monetary award to compensate an injured person for medical expenses, lost wages, and the pain and suffering associated with the injury. In addition, the courts can award punitive damages, also called exemplary damages. Punitive damages are awarded to punish the manufacturer or seller that caused the injury when the court finds that the misconduct of the manufacturer or the seller was outrageous. The courts try to deter similar conduct in the future by awarding punitive damages. Punitive damages are aimed at deterrence and retribution.

What Is Being Done About Prozac and Other Pharmaceuticals in Drinking Water?

Prozac(r), with an active ingredient called fluoxetine, is one of a class of prescription medications known as selective serotonin reuptake inhibitors (SSRIs). SSRIs are used to treat depression. They are one of the most heavily prescribed medications in the U.S. As a group, chemicals from drugs, cosmetics, toiletries, and veterinary drugs are referred to as PPCPs (pharmaceuticals and personal care products). This article discusses the health and environmental concerns related to PPCPs.