Admissibility of Evidence of Prior Accidents in Product Liability Actions

Admissibility of Evidence of Prior Accidents in Product Liability Actions

Physicians' Liability for Drug-Related Injuries Resulting from Off-Label Use

The U.S. Food and Drug Administration (FDA) regulates prescription drugs and medical devices. Physicians frequently prescribe approved drugs for uses that have not been approved by the FDA. This practice is referred to as off-label use. The FDA prohibits manufacturers from promoting off-label use. However, manufacturers indirectly promote the off-label use of their products in a variety of ways.

Defenses in Products Liability Lawsuits

Products liability is an area of law that covers personal injuries and property damage caused by defective products. A product might be defective because it was improperly designed or manufactured. If a defective product causes personal injuries or property damage, anyone involved in the manufacture or distribution of the product might be liable for injuries caused by the defect. In many states, you can sue the manufacturer, the wholesaler, the distributor, or the store where the defective product was purchased. There are several defenses that can be raised in a products liability lawsuit. This article covers the following defenses: statutes of limitations, contributory negligence and comparative negligence, product misuse and assumption of risk.

Admissibility of Evidence of Subsequent Remedial Remedies in Product Liability Cases

A "subsequent remedial measure" is an action taken after an adverse incident that makes the incident less likely to reoccur. For example, if the design of a toy allowed small pieces to break off, increasing a child's risk of choking, changing the material the toy is made from after learning of the problem with the toy would be a subsequent remedial measure. Likewise, if an automobile's air bags tended to inflate in the absence of a collision, the manufacturer's correction of that problem would constitute a subsequent remedial measure.

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.