Products Liability Newsletters

Article 2 of the Uniform Commercial Code

Most product liability law is based on Article 2 of the Uniform Commercial Code (UCC). The Uniform Commercial Code provides contract-based grounds for products liability. The Uniform Commercial Code has been adopted in every state, although the version of the Code may vary from state to state.

Effect of Product Recalls on Litigation

The U.S. Consumer Product Safety Commission (CPSC) is responsible for announcing the recall of products that present a significant risk to consumers. The risk can arise because a product is defective or because it violates a mandatory standard issued by the CPSC. Most product manufacturers will voluntarily recall a product based on a request by the CPSC or the U.S. Food and Drug Administration (FDA) or based on the manufacturer's own determination that the product in question is unsafe.

Identifying and Evaluating Injury Claims Involving Drugs or Medical Devices

Drug product liability lawsuits are usually based on the drug company's failure to warn of known (or likely) dangers in using a prescription drug or medical device. The first element that must be shown in a drug product liability lawsuit is causation. Did the drug or medical device cause the injury? The second question presented is whether the drug company provided adequate warnings about its product.

Learned Intermediary Doctrine and Oral Contraceptives

In 1985, the Massachusetts Supreme Court carved out an exception to the learned intermediary doctrine for oral contraceptives. The court held that the manufacturer of an oral contraceptive could not rely on warnings to doctors to satisfy its duty to warn

Proving Damages in Product Liability Cases

Proof of damages is an important element in a products liability lawsuit. The plaintiff (the person suing) has the burden of proving any damages that were caused by using a defective product. Products are defective when they have an inherent flaw or are improperly manufactured. If the defective product causes personal injuries or property damage when used by a consumer, the consumer can sue the manufacturer to recover damages.