Ultrahazardous Activity Doctrine

The ultrahazardous activity doctrine imposes strict liability for damage proximately caused by one who carries on an "ultrahazardous" or "abnormally dangerous" activity. This means that even if the person performing the ultrahazardous or abnormally dangerous activity uses the utmost case, that person will still be held liable for any resulting damage.

DES Litigation

DES (diethylstilbestrol) was prescribed for pregnant women during the 1950s and 1960s to help prevent miscarriages and premature deliveries. Research performed in 1958 concluded that DES did not help to prevent miscarriages or premature births. Nevertheless, physicians continued to prescribe the drug. According to the U.S. Centers for Disease Control and Prevention, an estimated 5 to 10 million people in the United States alone were exposed to DES from 1938 to 1971. This includes pregnant women and their children. A 1971 study indicated that DES was a cause of a rare vaginal cancer in girls and young women who had been exposed to DES before birth. As a result of this study, the U.S. Food and Drug Administration advised physicians in 1971 to stop prescribing DES. Nevertheless, the damage had been done.

Drugs and Medical Devices

Drug manufacturers have a duty to sell drugs and medical devices that are reasonably safe and must warn consumers of any known side effects. You may have a claim against a drug manufacturer if you have suffered illness or injury as a result of using a drug or medical device. Drugs have to be approved by the United States Food and Drug Administration (FDA) before being sold to consumers. FDA approval of a drug or medical device is not a guarantee of its safety and does not protect the drug manufacturer from liability for injuries to consumers.

Misrepresentation in Product Liability

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.

Product Liability Insurance

Product liability insurance protects companies against lawsuits from product-related injuries or accidents. The types of accidents product liability insurance policies protect against are usually those stemming from the use or handling of products or goods manufactured, sold or distributed by the named insured. Product liability insurance generally covers personal injuries, not property damage. While some general insurance policy cover product liability, the majority do not.