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Posts tagged "Product Liability"

EPA may have enabled Monsanto product liability

The purpose of the Environmental Protection Agency is to help safeguard public health throughout the United States by regulating and restricting the use of potentially harmful chemicals. However, two recent product liability trials in California have brought forth evidence that raises questions about whether the EPA is performing due diligence when it comes to oversight of pesticides and herbicides. In each of the two trials, a jury found that the chemical company Monsanto, manufacturer of Roundup herbicides, failed to warn consumers that their products could cause cancer, requiring the company to pay large amounts of money in damages to the plaintiffs.

Who is liable when inadequate warnings lead to injuries?

Whether over-the-counter or prescribed medications, cosmetics, household cleaners or other products, you and other consumer expect them to be safe for use when they go to market. However, some products may pose potential dangers, despite having no design flaws or manufacturing defects. Therefore, it may be helpful to understand who is responsible when injuries resulting from the use of a product occur.

Why does a little bolt mean many Army helicopters are grounded?

While flying in general is much safer than driving a car in California, there is still the issue that crashes of aircraft are usually much more severe than car crashes. A minor fender bender is common with vehicles, but there is no such thing with an air craft. If something goes wrong on the road, you can pull over. If something goes wrong in the air, you may not get the chance to get back to the ground. This is why aircraft maintenance is taken so seriously. That is even more true when it comes to the military and helicopters. A recent bolt issue with Boeing's AH-64 Apache helicopter has led to a critical safety issue, according to Business Insider.

What are the product liability concerns with marijuana?

The laws relating to marijuana are changing constantly at the state level. However, the federal government remains firmly on the side of marijuana being illegal. California was a leader in legalizing marijuana. Not having state and federal laws on the same page has already created issues, but there are other problems that could come up in regards to product liability.

What constitutes a design defect?

When a product injures you and you file a product liability lawsuit, the California courts will seek to answer the question of how the injury happened. If the courts determine that the product was defective, they will then try to determine whether the defect was a design defect or a manufacturer defect.

What is Good Manufacturing Practice?

When a manufacturer creates a product, it is bound by a variety of laws in California. In addition, the manufacturer also is bound by industry and manufacturing standards that are the normal procedures followed by all manufacturers. One of those is Good Manufacturing Practice. GMP, according to the International Society for Pharmaceutical Engineering, is a general manufacturing process that ensures the production of products is consistent and controlled.

What are common carriers?

If you have heard the term “common carrier” but are not sure what it means, you might be surprised to learn that most people use common carriers without knowing it. When you travel on an airplane, you are using a common carrier. As FindLaw explains, common carriers are vehicles like buses, cabs, commercial airliners or just about any privately owned mode of transportation that ferries a person in California from one location to another.

Who pays for damages in a hit and run?

Being the victim of a hit and run accident is quite frustrating. The guilty party leaves the scene and often you have no time to even identify the other vehicle. You cannot call California law enforcement and provide them with evidence needed to find the driver. You are left with a damaged vehicle of your own and nobody to be responsible for fixing it. This can be upsetting if you do not have the right insurance coverage that will cover the damage.

Are carnival and fair rides safe?

Every year around California there are carnivals, street fairs, state fairs, county fairs and other celebrations that bring amusement rides. The midway area is always popular. It is filled with screams, music and the sounds of these rides operating. However, every year, there are also injuries on these rides, so how safe are they?

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