Product Misuse Defense in Products Liability Lawsuits

Strict product liability means holding the manufacturer or seller of defective products responsible if the product injures a consumer who buys or uses the product. The courts impose liability for personal injury and property damage caused by products that are defectively designed or manufactured.

Flammable Fabrics Act

The Flammable Fabrics Act covers clothing, children's sleepwear, and interior furnishings, as well as materials such as paper, plastic, and foam, which are used in wearing apparel and interior furnishings. Under the Flammable Fabrics Act, the Consumer Product Safety Commission can issue mandatory flammability standards. Flammability standards have been established for clothing textiles, vinyl plastic film used in clothing, carpets, rugs, children's sleepwear, mattresses and mattress pads. Products that do not meet the Commission's flammability standards cannot be sold or distributed in interstate commerce. Consumers should know that a fabric that passes the federal flammability standards might still burn.

Liability of Ammunition Manufacturers

Gun manufacturers have been faced with product liability suits claiming that the manufacturers should be held strictly liable for producing certain guns, even if they worked exactly as intended, because the guns constituted defective, "unreasonably dangerous" products. What about the manufacturers of ammunition? Gun violence would not be possible without ammunition. Can ammunition manufacturers be held liable for producing unreasonably dangerous products?

The Role of an Expert Witness in a Products Liability Lawsuit

Products liability is an area of law that deals with personal injuries and property damage caused by defective products. Products liability litigation is generally very complex. Although expert evidence is not required to prove a defect, the plaintiff (person suing) will generally call an expert in a products liability suit. The defendant (person being sued) also relies on expert testimony to prove that the product was not defective.

FDA and the Recall Process

The U.S. Food and Drug Administration (FDA) is responsible for monitoring adverse product experiences. If a product is deemed defective by the FDA, the FDA is authorized to request that members of industries regulated by the FDA recall the product. The FDA is also authorized to mandate product recalls under certain circumstances.

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