Product Safety Liability

In terms of product safety liability, claims involving injuries resulting from medical devices or products may be subject to different rules and standards than other types of cases involving product-related injuries. In the United States, the U.S. Food and Drug Administration is charged with regulating, approving, and monitoring medical devices and products. As part of its duties, and depending on how inherently dangerous and/or risky the product in question is, the FDA may require certain warnings and/or labeling on particular medical devices and products. FDA compliance can benefit both sides to a products liability claim; if a manufacturer has complied with all FDA standards, it may be evidence in support of a defense to any claim of negligence, but if a manufacturer has not complied with all FDA standards, it may be evidence that a manufacturer was negligent with respect to its product. In any case, however, FDA compliance or non-compliance is not definitive as to a manufacturer's liability for injuries resulting from a medical device or product.

Fast Facts

  • Polaris recalled about 4,900 all-terrain vehicles in 2009 due to a risk of fire and burn hazard.
  • About 88,000 gas grills were recalled in August, 2009, due to a risk of fire hazard.

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