Products Liability Newsletters

Apportionment of Liability

The apportionment of liability between multiple defendants in product liability actions varies from state to state. The state laws governing apportionment of liability range from joint and several liability to proportionate liability to various hybrid forms of apportionment. Under the theory of joint and several liability, a plaintiff could recover all of his or her damages against only one of multiple defendants. Joint and several liability was designed to allow plaintiffs to recover from some defendant instead of having to pursue all potential defendants who could avoid liability by blaming the injury on other defendants. Joint and several liability places the burden on the defendant of joining other tortfeasors in an action or risk having to pay for all of a plaintiff's damages alone.

Food and Drug Administration Regulation of Medical Devices

The U.S. Food and Drug Administration (FDA) regulates medical devices. This includes the development, marketing, and monitoring of medical devices. Medical devices are classified into three categories.

National Standards for Organic Foods

Congress passed the Organic Foods Production Act of 1990, which requires certification by the U.S. Department of Agriculture (USDA) before farms or processors can label their agricultural products as organic. In 2001, the USDA implemented the National Organic Program, which defines the term "organic." The program also specifies the methods, practices, and substances that can be used in producing and handling organic crops and livestock. These standards also apply to processed products.

Product Liability Insurance

Product liability insurance protects companies against lawsuits from product-related injuries or accidents. The types of accidents product liability insurance policies protect against are usually those stemming from the use or handling of products or goods manufactured, sold or distributed by the named insured. Product liability insurance generally covers personal injuries, not property damage. While some general insurance policy cover product liability, the majority do not.

Strict Liability for Gun Manufacturers

In recent years, gun manufacturers have been named as defendants in product liability actions. The actions have been filed on behalf of private citizens as well as by U.S. cities plagued by gun violence. These actions allege various grounds for liability against gun manufacturers.