Products Liability
| Strict Liability in Aviation Accidents |
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| According to the Aircraft Crashes Records Office, the year 2002 had the lowest number of aviation accident deaths since 1947. There were 154 plane crashes, which killed 1,379 people. While pilot error often plays a role in airplane accidents, the aircraft manufacturer or the company that produced an airplane part may also be liable for injuries or deaths caused by the accident. More... |
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| Government Contract Defense in Products Liability Lawsuits |
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| Under the doctrine of sovereign or governmental immunity, the government cannot be sued for its actions unless it gives permission. Federal, state and local governments have waived sovereign immunity in some circumstances by statute. For example, the Federal Tort Claims Act permits a lawsuit against the federal government for damages resulting from the negligent or intentional injury by a federal employee acting in the scope of his/her job.
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| Jury Instructions in Products Liability Lawsuits Based on Negligence |
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| The judge gives the jury instructions after all the evidence is presented in a trial. The instructions tell the jury the law it must follow in reaching a verdict. The role of the jury is to consider all the evidence and determine what happened in the case. There are three separate theories of liability in products liability lawsuits: strict liability, negligence, and breach of warranty. Negligence is the lack of ordinary care. A manufacturer can be held liable for negligence if it fails to use due care in designing, manufacturing, or labeling its products. This article discusses jury instructions that are given in products liability lawsuits based on negligence. More... |
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| Intermediaries' Liability for Distributing Drugs and Medical Devices |
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| As a general rule, intermediaries (retailers, distributors, or wholesalers involved in distributing drugs and medical devices) have the same liability for a drug or medical device as the drug company that manufactured the product. Intermediaries that merely distribute the product can generally avoid liability, but distributors whose only activity involved unwrapping and rewrapping the products for sale to the retailer have been held liable. Some states have laws that prevent non-manufacturers from being held liable for injuries caused by defective products.
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| Jury Instructions in Products Liability Lawsuits |
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| The judge gives instructions to the jury (also called the jury charge) after both sides present their evidence at trial. The instructions tell the jury the law it must follow in reaching a verdict. The jury's function is to consider all the evidence and decide what happened. There are three separate types of claims in products liability lawsuits: strict liability, negligence, and breach of warranty. More... |
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