Newsletters

Lemon Laws

Lemon laws are state laws that protect consumers who buy defective cars. A consumer must have bought the vehicle while it was under the manufacturer's warranty or extended warranty in order for the lemon law to apply. A warranty is a promise made by the manufacturer or seller to the consumer. The law recognizes implied warranties and express warranties. Implied warranties are unwritten or unspoken promises. Consumer product transactions include an implied warranty of merchantability (the product will work) and an implied warranty of fitness for a particular purpose (the product can be used for some specific purpose). An express warranty is a written promise made to the consumer about the product or about the commitment on the part of the manufacturer or seller to repair the product if it is defective.

Common Elements of Products Liability Cases

Products liability law covers personal injury and property damage that occurs when a defective product is used. There are several elements that are common to products liability cases. First, an injured person must prove that the product was defective or harmful. Second, it is necessary to show that the product was defective when it was purchased or delivered. Third, the injured person must show that the defective product caused the injury or accident.

Product Liability and Microbial Foodborne Illness

According to the United States Centers for Disease Control and Prevention (CDC), 76 million people suffer foodborne illnesses each year in the U.S., accounting for 325,000 hospitalizations and more than 5,000 deaths. As a result, those afflicted with food-borne illnesses have sought redress in the legal system against food manufacturers, retailers, suppliers, and restaurants.

Punitive Damages Awards in Product Liability Suits

Punitive damages are damages in excess of damages awarded to compensate a tort victim for injuries sustained. Also called exemplary damages, punitive damages are awarded to punish a tortfeasor for wanton or malicious conduct. Punitive damages have often been assessed in product liability actions.

Diet Drug Litigation - Fen-Phen

It seemed like a miracle cure to many Americans battling obesity. "Fen-phen" -- a combination of the two diet drugs fenfluramine and phentermine -- was achieving great success in treating obesity. Both fenfluramine and phentermine had been approved by the U.S. Food and Drug Administration (FDA). However, the use of the drugs in combination had not been FDA-approved and was being used "off-label." When it was determined that fenfluramine was linked to heart-valve damage, manufacturers voluntarily removed the drug fenfluramine from the market upon recommendation to do so by the FDA. Phentermine is still on the market as there have been no studies linking that drug to heart valve damage. The FDA recommended that patients who took the combination phen-fen consult their physicians about having an echocardiogram to determine whether heart valve damages has occurred.