| Misrepresentation in Product Liability |
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| Product liability occurs when the manufacturer or seller of a defective product allows that defective product to get into the hands of a consumer. When a manufacturer or seller misrepresents a product, that misrepresentation can be the basis for a product liability action. In the product liability context, misrepresentation occurs when product advertising, packaging, labels, or other product information available to consumers misrepresent material facts concerning the quality or use of the product.
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| A Drug Manufacturer's Liability for Off-Label Use |
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| It is legal and common for physicians to make off-label uses of drugs and medical devices. Off-label use refers to the use of drugs and medical devices for purposes not mentioned on the manufacturer's labels. More... |
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| Punitive Damages in Products Liability Lawsuits |
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| In the context of products liability litigation, damages means a monetary award to compensate an injured person for medical expenses, lost wages, and the pain and suffering associated with the injury. In addition, the courts can award punitive damages, also called exemplary damages. Punitive damages are awarded to punish the manufacturer or seller that caused the injury when the court finds that the misconduct of the manufacturer or the seller was outrageous. The courts try to deter similar conduct in the future by awarding punitive damages. Punitive damages are aimed at deterrence and retribution.
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| Product Liability Reform Legislation |
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| Product liability laws were created to protect consumers from unreasonably dangerous and unsafe products. The strict liability, or no-fault, standard used in product liability actions imposes liability on manufacturers and sellers without any evidence of fault. This standard benefits consumers because it encourages manufacturers to take caution in designing and manufacturing products and encourages sellers to take caution in deciding what to sell.
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| Compensation for Fear in Product Liability Actions |
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| In some product liability actions, such as asbestos and breast implant litigation, a known risk of the defective product is an increased risk of cancer. As a result of the litigation concerning the products, plaintiffs or potential plaintiffs may become fearful of developing cancer. Even if they never do develop cancer, a number of courts have allowed these plaintiffs to recover damages for "fear of cancer."
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