Products Liability Newsletters

Breach of Warranty

Products liability law covers personal injury and property damage that occurs when a defective product is used. A product is defective if its design makes it dangerous, if it was improperly manufactured or if the manufacturer failed to warn of the product's dangers. You may be able to recover damages if you are injured while using a defective product. There are three theories of products liability: strict liability, negligence, and breach of warranty. This article covers a manufacturer's liability for breach of warranty.

Cellular Phone Radiation

Cellular phones are hand-held wireless telephones that have a built-in antenna. Cellular phones are regulated by the Federal Communications Commission (FCC) and the Food and Drug Administration (FDA). The FCC sets safety guidelines that limit radiofrequency energy on wireless phones sold in the U.S. The FDA monitors the health effects of cellular phone use. Cellular phone use has skyrocketed. There were 16 million cellular phone users in the United States in 1994. By 2001, there were more than 118 million cellular phone users. This article focuses on the FDA's regulation of cellular phones.

Intermediaries' Liability for Distributing Drugs and Medical Devices

As a general rule, intermediaries (retailers, distributors, or wholesalers involved in distributing drugs and medical devices) have the same liability for a drug or medical device as the drug company that manufactured the product. Intermediaries that merely distribute the product can generally avoid liability, but distributors whose only activity involved unwrapping and rewrapping the products for sale to the retailer have been held liable. Some states have laws that prevent non-manufacturers from being held liable for injuries caused by defective products.

Motor Vehicle Safety Act

Congress enacted the National Traffic and Motor Vehicle Safety Act of 1966 (Act) to reduce traffic accidents and deaths and injuries resulting from traffic accidents. Congress directed the U.S. Secretary of Transportation to issue motor vehicle safety standards. This task was delegated to the National Highway Traffic Safety Administration (NHTSA), which was set up to carry out safety programs. Besides adopting motor vehicle safety standards, the NHTSA investigates safety defects in automobiles and trucks and orders vehicle recalls when necessary.

The NHTSA and Vehicle Defect Notification Requirements

The National Highway Transportation Safety Administration (NHTSA), the government agency responsible for motor vehicle safety, is responsible for the administration of national safety recalls by manufacturers or distributors of motor vehicles and items of motor vehicle equipment. The NHTSA is required to initiate the safety recall process when a safety defect or noncompliance with a federal motor vehicle safety standard (FMVSS) has been determined. The NHTSA also investigated alleged safety defects and tests vehicles for noncompliance with FMVSS.