Products Liability Newsletters
Damages Awarded in Products Liability Lawsuits
Courts award damages to pay back a person for loss or harm resulting from injuries caused by a defective product. The trier of fact (the jury in a jury trial or the judge in a bench trial) decides the amount of damages. The trier of fact has broad discretion in setting the amount of damages. The following are some of the factors considered in making an award: the injury, the need for future treatment, any disability, pain and suffering, age, occupation, and pre-injury health. A person's life expectancy is also considered if the injury is permanent.
Insurance and Drug Products Liability
An insurance policy is a contract between an insurance company (the insurer) and an individual or company (the insured). Under the contract, the insurer agrees to defend the insured if the insured is sued. The insurer also agrees to indemnify or repay the insured for any losses that are covered by the policy.
Article 2 of the Uniform Commercial Code
Most product liability law is based on Article 2 of the Uniform Commercial Code (UCC). The Uniform Commercial Code provides contract-based grounds for products liability. The Uniform Commercial Code has been adopted in every state, although the version of the Code may vary from state to state.
Public Policy Considerations Underlying Strict Products Liability
Products liability deals with personal injury and property damage caused by products that are defective due to a design or manufacturing defect. Strict products liability is a legal doctrine that holds a manufacturer or seller responsible for making or selling a defective product, regardless of fault, if the product injures a purchaser or user or his/her prope
Does A Pharmacist Have A Duty to Warn of Drug Interactions?
A pharmacist has responsibility for the proper storage and preparation of prescription drugs. The pharmacist also has a duty to correctly dispense drugs. Most lawsuits arise with respect to the pharmacist's duty to dispense drugs properly.
