Silica is a natural component in nearly all forms of sand. It can, however, cause severe medical problems, particularly lung disorders. Once silica is ground into dust, it can travel into the lungs, causing tissue scarring and air flow obstruction. Injuries from silica exposure most often occur in those who work as sandblasters, in foundries, or as glassmakers.
Drugs are inherently dangerous products, which can cause injuries even though precautions are taken to prevent such injuries. Pharmaceutical and medical device manufacturers have a duty to provide information about the effectiveness of a drug and to warn about a drug's dangers.
After all the evidence is presented in a trial, the judge gives instructions to the jury. The instructions tell the jury the law it must follow in reaching a verdict. The jury's role is to consider all the evidence and determine what happened. There are three separate claims for liability in products liability lawsuits: strict liability, negligence, and breach of warranty.
Under the doctrine of sovereign or governmental immunity, the government cannot be sued for its actions unless it gives permission. Federal, state and local governments have waived sovereign immunity in some circumstances by statute. For example, the Federal Tort Claims Act permits a lawsuit against the federal government for damages resulting from the negligent or intentional injury by a federal employee acting in the scope of his/her job.
Our common law developed from unwritten English law, which was based on tradition and custom. English common law is the foundation of our federal law and the law of all states, except Louisiana (which is based on French Civil Law). The most important characteristic of common law is that it is judge-made law rather than statutory or constitutional law. Under the common law system, current cases are decided using the precedents established by past judicial decisions.
