Frequently Asked Questions About Defective Products and Dangerous Drugs
- Page 1
What are different types of product liability?
The primary types of product liability claims are:
- Failure to Warn/Insufficient Warning: The manufacturer of the product failed to provide proper warning labels or instructions for use with the product.
- Defective Design: The design of the product was defective or dangerous.
- Manufacturing Defect: The defect occurred during manufacturing of the product, such as using materials that caused the defect or is poorly assembled.
What is the gray market in product liability cases?
The gray market refers to situations where a vendor purchases a product and then resells it for a discounted price. Common places where gray market products can be found include:
- Ebay and other online auction sites
- Garage sales or flea markets
- Fundraising events
If a victim is injured by a product they purchased from a gray market, then the victim may have issues when it comes to pursuing a product liability claim. If this is your situation, a Virginia defective product attorney can evaluate what type of case you may have.
What are the elements needed in a product liability claim?
When a victim has been injured by a defective or dangerous product, they may be able to collect financial compensation for their injuries. A Virginia product liability attorney will need to prove the following elements to be successful:
- The product was defective
- The victim was using the product as it was intended to be used at the time the injury occurred.
- The victim sustained an injury.
- The product caused the injury.
What is the difference between a mass tort action and a class action lawsuit?
In every mass tort action, every victim has a separate lawsuit and trial which results in distinct damages for each victim. In a class action, there are many plaintiffs who are represented by a class legal representative in one trial. Any damages awarded in a class action lawsuit are distributed among the victims.
What are the different types of mass tort actions?
- Consumer Product Claims: If there were multiple victims killed or injured by a defective or dangerous product, a mass tort action may be filed. Some of the more common types of mass tort actions include contaminated foods, household products, toys, and vehicle parts.
- Environmental Claims: There have been many cases of companies doing things that have consequences to the environment and the people who live in that area. These types of claims often involve victims who suffer long term damages, such as factory emissions, groundwater contamination, and oil spills.
- Medical Device and Pharmaceutical Claims: Although there is a regulatory process these products must go through before they are made available to consumers, many of these products end up in recalls or removal from the market because of the serious injuries the cause.
What are mass torts?
Mass torts are a type of legal action which can be filed when there is more than one incident of negligence or recklessness that causes injury or death to a group of victims. Mass tort actions can be filed in both state or federal courts. Frequently, these cases are consolidated into multidistrict litigation if a judge feels this action is appropriate. Some of the factors the judge will consider include:
- How close do the victims live to each other?
- Were the victims’ injuries similar?
- Was there a common cause of injury?