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Toxic Mold Litigation

Toxic mold-related litigation has significantly increased in the past few years. Many of the cases involve defective construction claims against contractors and their insurance companies. Some litigation involves personal injury claims. Potential...

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...

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...

Aviation Breach of Warranty Claims

When an aircraft does not function properly, the operator of the aircraft may have a products liability action against the manufacturer based on breach of warranty. A warranty is a promise made by the manufacturer about the quality or performance...

Damages Awarded in Products Liability Lawsuits

Courts award damages to pay back a person for loss or harm resulting from injuries caused by a defective product. The trier of fact (the jury in a jury trial or the judge in a bench trial) decides the amount of damages. The trier of fact has...