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Products Liability

Products Liability Newsletters

Breast Implant Litigation

Silicone breast implants were developed in the 1960s. They have been used for breast reconstruction (about 15 percent of implant procedures, as estimated by the U.S. Food and Drug Administration) and breast enhancement (about 85 percent of implant procedures, as estimated by the FDA).

FDA regulation of dietary supplements

The Dietary Supplement Health and Education Act of 1994 DSHEA gave the FDA authority to establish specific standards for dietary supplements. The law provides that a dietary supplement is adulterated if it or any of its ingredients poses a significant or unreasonable risk of illness or injury when used as directed.

Product Liability Law and the Reasonable Design Alternative Test

In many product liability cases, the plaintiff alleges that a design defect was responsible for the injuries incurred. For example, in a product liability case alleging that a car’s gas tank exploded in rear-end collisions, the plaintiff would allege that the car was defectively designed. In these types of cases, some courts have established a “reasonable design alternative” test. Under this test, a product is defective in design when the foreseeable risks of harm posed by the product could have been reduced or avoided by the adoption of a reasonable alternative design by the seller or other distributor and the omission of the alternative design renders the product not reasonably safe.

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 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.

Statutes of Limitations and Statutes of Repose

Products liability law deals with personal injuries and property damages caused by defective products. Statutes of limitations and statutes of repose set time limits for filing lawsuits. A lawsuit  filed after the period set out in the statute of limitations or the statute of repose is barred and will be dismissed by the court. It is important to check with an attorney to determine the time limit for filing a lawsuit if you have been injured or a defective product has damaged your property.

Recent Blog Posts

Despite the Risks of Distracted Driving Indiana Lawmakers Lack the Resolve to Ban Handheld Cell Phones

Despite the Risks of Distracted Driving Indiana Lawmakers Lack the Resolve to Ban Handheld Cell Phones A study by the Insurance Institute for Highway Safety (IIHS), in partnership with Virginia Tech shows texting while driving (TWD) is on the rise for the age group between 16 and 24 year olds. Statistically, teens are more likely […]

Common Causes of Motorcycle Accidents

According to statistics, incidents of motorcycle accidents have been on the rise since 2006. Cycling accidents may cause serious injury or death and are often the result of one of the following circumstances: Car operator turns in front of the bike If the operator of a motorized vehicle fails to accurately judge a cyclist’s speed […]

Cell Phone Manufacturers Walk a Fine Line between Social and Personal Responsibility – Car accident lawyers

 Cell Phone Manufacturers Walk a Fine Line between Social and Personal Responsibility – Car Accident Lawyers Ward & Ward Law Firm Pressure is being put on cell phone manufacturers to include “lock-out” technology in their mobile devices to prevent drivers from accessing certain features while driving. Who bears the responsibility for car accident injuries and […]

Indiana Personal Injury Attorney Selected for Inclusion in Best Lawyers in America©

Ward & Ward Law Firm Announces Partner in Personal Injury Law Firm is Selected for Inclusion in Best Lawyers in America Indianapolis personal injury attorney, wrongful death attorney and medical malpractice attorney, Charlie Ward, has been selected by his peers for inclusion into the 23rd annual edition of The Best Lawyers in America© Indianapolis, Indiana […]

Indiana Legislation Relating to Asbestos and Mesothelioma Claims Declared Unconstitutional

Victims of latent asbestos related diseases have reason for hope after Indiana’s State Supreme Court Ruling What is a product liability claim? A product liability claim seeks to hold miners, manufacturers, distributors, suppliers, retailers, and others along the commerce and distribution chain, responsible for the personal injury and wrongful death caused by dangerous and defective products, […]