| 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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| Liability of Car Manufacturers for Injuries from Collisions Between SUVs and Smaller Cars |
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| More and more frequently, drivers of sedans and other smaller cars are injured and killed as a result of collisions with light trucks and sport utility vehicles (SUVs). In many of these accidents, crash reconstruction experts have concluded that the injuries and deaths could have been prevented or lessened if both vehicles were of similar size. Other crash experts have determined that the problem with the smaller cars is that many of the less expensive models are not equipped with the same safety features that the bigger vehicles have. Statistics support the allegations that SUVs and trucks pose an increased risk or danger to drivers and passengers of other cars. In collisions between SUVs or light trucks and other cars, over 80 percent of those fatally injured were those not in the SUVs or trucks. More... |
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| Product Liability Law and the Reasonable Design Alternative Test |
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| 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.
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| A Manufacturer's Liability for Drug-Related Injuries |
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| Drugs are inherently dangerous products, which can cause injuries even though precautions are taken to prevent such injuries. Pharmaceutical and medical device manufacturers have a duty to provide information about the effectiveness of a drug and to warn about a drug's dangers. More... |
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| FDA and the Recall Process |
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| The U.S. Food and Drug Administration (FDA) is responsible for monitoring adverse product experiences. If a product is deemed defective by the FDA, the FDA is authorized to request that members of industries regulated by the FDA recall the product. The FDA is also authorized to mandate product recalls under certain circumstances. More... |
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