The questions on this page were answered by our team of Virginia Beach & Norfolk personal injury attorneys. The questions are categorized by practice area such as car accidents, medical malpractice, wrongful death, etc. If you have specific questions about your situation, contact our firm to set up a free consultation with an actual attorney.
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What do the terms "defective product" and "product liability" mean in the legal world?
A "defective product" is one that causes injury or damage to an individual as a result of a flaw or deficiency in the product such as labeling, construction, or how the product was used. The manufacturer of the product that caused the injury, in addition to the individuals involved in the chain of commerce, are liable for injuries caused by these defective products.
"Product liability" claims are cases dealing with injury or damage stemming from defective products that run from the apparent (i.e. a car sold with faulty air bags, a mislabeled product or drug that causes injury) to the innocuous (i.e. side effects from an improperly tested prescription drug).
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Are e-cigarette makers liable for injuries users of their products suffer?
They may be. Despite the known risks of using these devices, manufacturers have failed to issue warnings to potential consumers. Instead, companies have targeted teens and young adults with aggressive marketing campaigns.
Several states have filed lawsuits against e-cigarette companies because of these deceptive marketing practices, including North Carolina, California, and New York. Victims should contact a Virginia dangerous product attorney to see what their legal options may be.
Why are e-cigarettes dangerous?
E-cigarettes contain high concentrations of nicotine. Because they are still developing, teens are more at risk of health issues from vaping. Reported issues include respiratory illnesses, seizures, anxiety disorders, poisoning, addiction, and serious lung diseases similar to popcorn lung disease.
What is vaping?
Vaping uses electronic smoking devices – referred to as electronic cigarettes or e-cigarettes – that contain oil cartridges. The device heats the oil and releases a vapor that the user inhales. Many companies have created flavored oils that appeal to teens. Studies have shown that almost 40 percent of teens vape, up almost 10 percent from the year before. Medical and safety advocates are sounding the alarm, however, about the dangers of vaping, including addiction and health issues.
Can I receive compensation if I come down with food poisoning from airline food?
In order to protect your right to pursue damages, there are steps you want to be sure to take:
- Document when you first began feeling ill. Food poisoning symptoms can take up to a few days to appear.
- Consult with a doctor to confirm the food poisoning and diagnose the type.
- See if you can find out what company provides the food for the airline you flew with
- Find out if other travelers also developed food poisoning. This can be often be found online.
- Your attorney can also obtain FDA inspection reports to find out if there were any violations at the food company facilities.
What airline food should travelers avoid eating in order to decrease their risk of food poisoning?
- Deli meats
- Raw fruits and vegetables
Is airline food safe to eat or do I have to worry about food poisoning?
Although airlines have stringent regulations they are required to follow in food preparation, there is actually a larger risk of bacteria in airline food than in restaurants because of the lag time between when the food is prepared and when it is served.
However, recent investigations have revealed the following violations at some airlines over the past few years:
- Bird and rodent feces in facilities
- Condensation dripping water on food
- Cross-contamination between raw and cooked meats
- Expired food being used
- Fans blowing dust on food
- Food that was not stored at a safe temperature
- Listeria contaminations in facilities
Does a victim still have a case if they use a defective medical device after it has been recalled?
When multiple victims have been injured from a medical device that is deemed defective, the company that makes the device will usually issue a recall for the product. Consumers can return the product at that point and receive a refund. In situations where a consumer has been injured, there is usually some kind of settlement for damages.
However, if the victim was injured after the device was recalled, the law typically considers it the victim’s responsibility for the injury because it is up to consumers to stop using products that have been recalled.
What should a victim do with a medical device if they suspect it has caused them injury or illness?
Although a victim may be tempted to just throw away the device, they need to hold onto it as it is will likely become a critical piece of evidence in any future injury litigation. The device, packing, instructions, and any other documentation that pertains to the device should be saved and given to the victim’s personal injury attorney.
What should a victim do if they suspect a medical device has caused them injury or illness?
The first thing a person should do is to get to a medical doctor immediately to determine if there has been an injury and receive treatment. This also documents the injury or illness as evidence in any future personal injury lawsuit. The doctor will be able to diagnose the issue and whether it is actually linked to the medical device.