Fatalities And Injuries Caused By Defective Products

Fatalities And Injuries Caused By Defective Products

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The federal and state law requires manufacturers, distributors, retailers, suppliers, and business owners to only provide consumers with safe products and services. Failing to do so will make them liable for any injury sustained by people after using the defective product.

Under the law, there are three types of defective product compensation claims:

1.Manufacturing defect a product has a defect which may cause accident and injury. For example, a laptop has a battery which can overheat quickly and explode, causing burn injuries for its users.

2.Design defect a product has a poor design which may cause accidents and injuries. For example, a bikers helmet has a wrong design which cannot efficiently absorb the impactpredisposing its users to head injury even if this is made of sturdy material.

3. Failure to warn failure to put warning signs and proper labels on a certain product can result to wrong usage and injuries.

Improper labels can kill. One of the most controversial product liability lawsuits involved Johnson & Johnson which was found to have improperly labeled its Duragesic painkiller patch.

According to reports, 38-year-old Janice DicoSolo died after using the patch which delivered a heavy dose of narcotic fentanyl which is the main ingredient of the painkiller.

Investigators said the victim has overdosed herself by putting too many patches on her body.

Meanwhile, DicoSolos family blamed Johnson & Johnson for not properly labeling the painkiller and failing to provide warnings that will tell consumers to limit their use of this patch to avoid over dosage.

In 2008, after several years of litigation, the court ordered the company to pay DicoSolos family with more than $16 million damages.


Damages for Product Liability Lawsuit

According to Tort law, people who suffer and sustain injuries after using a defective product can receive compensation to recover economic and non-economic damages.

According to lawyers, Tort law does not only allow victims to receive remedies, it also deters companies and manufacturers from being negligent.

There are two types of damages: compensatory damages to cover the victims injuries and punitive damages to punish the negligent company and deter other from doing the same act.

Meanwhile, compensatory damages cover these:

Hospital expenses and future medical needs such as therapy and medications

Compensation for the loss of wages. Some victims need to recuperate for a certain period of time inside a hospital before they can go back to work. During this recovery period, the liable party should pay victims for their loss wages.

Compensation for diminished or complete loss of earning capacity. Some defective product may cause short- or long-term disability. If this is the case, the liable party should pay for the victims loss or diminished earning capacity.

Pain and suffering
Usually, compensatory damage is given to victims. However, if the court decides that the act of the company is wanton or extremely reckless, punitive damages, which is more than the amount of the real damage, will be given to the aggrieved party.


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