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Causation in Products Liability Lawsuits

Products liability is an area of the law which deals with personal injury and property damage that results from a defective product.

The Physician's Liability for Drugs and Medical Devices

Most medical treatment uses some form of drug therapy. Consequently, most medical malpractice actions have a drug liability aspect. A physician has a duty to exercise the skill and care generally shown by competent physicians with similar training in diagnosing a condition and prescribing drugs or medical devices. If not, the physician can be held liable for professional negligence or medical malpractice.

Product Liability Reform Legislation

Product liability laws were created to protect consumers from unreasonably dangerous and unsafe products. The strict liability, or no-fault, standard used in product liability actions imposes liability on manufacturers and sellers without any evidence of fault. This standard benefits consumers because it encourages manufacturers to take caution in designing and manufacturing products and encourages sellers to take caution in deciding what to sell.

Impact of Product Recalls

A product recall occurs when the manufacturer or a regulatory agency removes a product from the market or asks the public to return the product for corrective measures. Most product recalls relate to safety issues. A voluntary recall occurs when the manufacturer asks consumers to return the product or bring it in for repairs. A mandatory recall is a recall ordered by a regulatory agency pursuant to a law or regulation.

Latex Allergy Litigation Claims

Natural rubber latex is used to make surgical and examination gloves, adhesive bandages, intravenous catheters, and anesthesia equipment. Some users of latex products have developed sensitivities or allergies to latex. The problem is significant. U.S. government officials estimate that almost one million health care workers have developed an allergic reaction to latex. In 1997, the U.S. Food and Drug Administration (FDA) adopted a rule requiring manufacturers to place cautionary statements on products that come in contact with human skin and contain rubber latex.