Defective And Dangerous Products And The Manufacturer's Liability

Defective And Dangerous Products And The Manufacturer's Liability

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Dietary Supplement Linked to Serious Liver Damage

Recently, government health officials made a public warning over the use of Hydroxycut, a popular dietary supplement for body-builders to tone their muscles and shed excess fat, after a test revealed that this can cause serious liver damage and even death.

While the manufacturer of Hydroxycut has announced a recall and all the pharmacies and grocery stores have already pulled out this dietary supplement, there are already 23 people who have reported liver problems including two individuals who need to undergo a liver transplant. And since 9 millions of Hydroxycut packages were sold last year, officials fear that the number of victims may rise.


Meanwhile, the Food and Drug Administration (FDA) said a 19-year-old boy has died in 2007 after taking Hydroxycut.

According to health experts, people who have taken the dietary supplement have experienced jaundice or the yellowing of the skin since the liver has been seriously damaged, making it unable to remove the toxins from the body.

Meanwhile, the FDA officials admitted that they are not authorized to conduct laboratory testing on supplements before distributing these to the public, adding that they can only take necessary actions based on reported cases of injuries caused by unsafe products.

Manufacturers Liability

Since Hydroxycut has caused serious injuries to consumers, the manufacturer is liable for its defective and dangerous products and must pay affected individuals with liability claims and monetary compensation.

According to lawyers, it is the ultimate responsibility of manufacturers, companies, distributors, and retailers to ensure that their products are safe to be used and consumed by customers. If they failed to do this legal obligation, the government may close down their business, slap them with fines, and other forms of penalties.

Meanwhile, victims can file product liability claims against a company if the latter fails to provide product warning and there is manufacturing and design defects.

Failure to provide product warning happens when a manufacturer does not properly label its products.
Manufacturing defects involve the use of poor-quality materials.
Design defects happen when the product design is useless or dangerous.

To receive product liability claims, victims of unsafe products must prove to the court the following:

The manufacturer has a legal responsibility to provide safety to other people.
There is a breach of that legal responsibility.
The negligence has resulted to injuries.

Product Safety Laws to Protect Consumers

With the proliferation of unsafe products, lawmakers recently passed a stricter law that will protect consumers from defective and dangerous products.

The new law will also provide more funding to the Consumer Product Safety Commission (CPSC) to allow this agency to oversee complaints regarding unsafe products.

Meanwhile, for the past three decades, CPSC said that the rate of unsafe product fatality has declined by 30 percent since several laws have been enacted to ensure the safety of consumer products especially toys, cribs, chemicals, and other equipment.

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