Products Liability Newsletters

Bystander Recovery for Emotional Distress

Strict products liability (liability without regard to fault) is based on public policy considerations. The underlying policy is to shift the risk of loss from the injured party to the manufacturers or sellers of a defective product since they are better able to distribute the loss. The courts have recognized that the same policy considerations apply to an injured bystander. The manufacturer or seller can spread the loss arising from defective products better than an injured bystander can.

Protective Orders in Drug Product Liability Litigation

After a drug product liability lawsuit is filed, both the plaintiff (the person suing) and the defendant (the person or company being sued) engage in a process called discovery. The purpose of discovery is to allow a party to learn more about the important facts of the case before trial and the other party's evidence. The scope of discovery is very broad. It covers any information that is relevant to the case or which may lead to relevant evidence. Privileged information and the work product of the opposing party's lawyer (the lawyer's written observations, theories, opinions, and research) do not have to be disclosed. Privileged information includes oral and written communications between an attorney and his/her client.

The Role of an Expert Witness in a Products Liability Lawsuit

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.

Tobacco Products

Cigarettes, cigars, and chewing tobacco are all tobacco products. Smoking has been linked to lung cancer, emphysema, heart disease, and other serious illnesses. Cigarette smoking by pregnant women increases the risk of birth defects, and exposure to second-hand smoke can lead to serious diseases. Chewing tobacco has been linked to oral cancer.

Toxic Shock Syndrome Litigation

Toxic Shock Syndrome (TSS) is a serious, sometimes fatal disease, caused by a toxin produced by certain types of bacteria. TSS first emerged in the late 1970s and early 1980s. It showed up in women using highly absorbent menstrual tampons. The symptoms of the disease include high fever, a red rash, muscle ache, nausea, vomiting and/or diarrhea, seizures, headache, and organ failure. Studies by the Center for Disease Control and by several state health departments show that a statistically significant link exists between tampon use and TSS. Certain brands of super-absorbent tampons were withdrawn from the market in the 1980s.