Although a judge previously dismissed Patsy's drug injury case on the grounds that a seller can not be held liable unless there is proof of an impurity or label inadequacy, an appellate panel revived
her negligent design defect claim and brought the case to the state's high court.
Thus, Wyeth's central argument, that the unavailability of a strict liability claim thereby precludes a claim for
negligent design defect, is simply incorrect.
And third, in even the two most favorable jurisdictions for Wyeth — in California and Utah, where the highest courts of those states have categorically rejected strict liability design defect claims involving prescription drugs — courts recognize that
negligent design defect claims against prescription drug manufacturers may still be pursued.
Not exact matches
• You were driving your car in a safe manner with no
negligent conduct on your part • You were not aware of the product or
design defect • You had not experienced this type of performance issue before the accident • The
design or product
defect was the legal cause of your accident and injuries
Plaintiffs began filing lawsuits across the country claiming the filters caused harm and death, alleging manufacturers» negligence, failure to warn,
design defects, manufacturing
defects, breach of implied warranty and
negligent misrepresentation on the part the companies and their subsidiaries.
Common road
defects that may lead to accidents include errors in
design and construction,
negligent maintenance and inadequate signs.
Claims against C.R. Bard and Cook Medical include various forms of negligence, ranging from
negligent misrepresentation and
design defects, to breach of implied warranty.
Honestly, having good formal
design quality control processes may prevent
design defects from counting as
negligent even when they do happen.
If you have been under fire for allegedly causing a
negligent design, an electrical problem or another
defect, consult an experienced lawyer to protect your reputation.
This could include
negligent product
design, manufacturing
defects or improper warnings or instructions.
We not only work toward proving the facts indicating the truck driver's negligence, but we also consider such possibilities as
negligent road
design or
defects in the components of either vehicle.
Served as second - chair trial counsel and secured defense verdict following seven - week jury trial in the California Superior Court for the County of Orange of action for strict and
negligent products liability and negligence based on allegations of
design defects, manufacturing
defects, and warning
defects.
Defects in a car or its tires and factors such as
negligent roadway
design can also cause car accidents.
In addition to a claim against the
negligent party in a crash like this, the burn injuries that are suffered by drivers and passengers because of the automotive
defects in manufacture or
design may allow to a claim against the car manufacturer for product liability, breach of warranty and negligence.
Their Paxil injury lawsuit is seeking damages for fraud, breaches of implied and express warranties, loss of consortium, intentional inflict of emotional trauma, failure to warn, negligence,
design defect, and
negligent misrepresentation.