The husband is claiming unspecified compensatory damages and punitive damages based on claims of product liability, failure to
warn about defects, negligent / wanton maintenance and wrongful death.
In a joint statement, the National Academy of Education and the American Educational Research Association
warned about the defects and limitations of VAM and showed that most of the factors that determine test scores are beyond the control of teachers.
Not exact matches
In response to a suit Hyundai is facing, the company asserted last December that there aren't any problems or
defect with its sunroofs, and denies it failed to
warn drivers
about any «alleged» danger.
Their powder had a terrifying
warning printed on it
about the product containing a chemical known to cause birth
defects or other reproductive harm.
I use this cacao powder: http://amzn.to/2axcwEB I have never seen that
warning before on any cacao powder brand and have never heard that cacao causes birth
defects so I'm not sure what to tell you
about that but I love cacao and use it often for desserts, oats, hot chocolate etc..
We were
warned about long - term affects; namely, she might have developmental delays, physical delays, a lifetime glucose imbalance, brain damage, a chromosomal
defect and / or genetic disorder... but I couldn't let myself worry too much... she was our daughter, and we would love her and encourage her and make do with the problems that may come our way.
Here, always we tried best to deliver correct information
about each product review, but we sincerely
warn to all dog proprietors to check the harness several times before purchasing to sort out any
defect.
Here's the roundup: Product injury lawyers at Hissey Kientz published articles on an FDA
warning about the link between use of migraine and epilepsy drug Topamax during pregnancy and birth
defects such as cleft lip and cleft palate or spina bifida... more»
Possible legal theories that can be argued in a products liability case include negligence (lack of reasonable care in the manufacture or sale of the product or in
warning about the product), breach of warranty (failure to fulfill the terms of a promise regarding the product's performance), misrepresentation (giving consumers a false sense of security
about a product's safety), and strict liability (under which the product's
defect, although not the fault of the defendant, rendered the product unreasonably dangerous and the defendant is therefore responsible).
Companies in California can be held strictly liable for design
defects, manufacturing
defects, and failure to
warn about dangers associated with a product.
These
defects tend to take one of three forms: design
defects, manufacturing
defects, or a manufacturer's failure to
warn consumers
about some non-obvious danger that could have been easily mitigated with sufficient
warning.
Plaintiffs in both MDL cases and pending cases allege that the medical devices had design
defects and that DePuy knew
about the risks but failed to adequately
warn physicians and patients.
Failure to
Warn (Marketing Defects): the manufacturer has a duty to warn consumers about dangers that are inherent to the product and which are not obvi
Warn (Marketing
Defects): the manufacturer has a duty to
warn consumers about dangers that are inherent to the product and which are not obvi
warn consumers
about dangers that are inherent to the product and which are not obvious.
What's more, several months after the first FDA
warning about the risk of Paxil birth
defects, the New England Journal of Medicine ran a study linking Paxil to PPHN (Persistent Pulmonary Hypertension of the Newborn).
Marketing
defects - this can come
about if the instructions provided are poor or there are errors in labeling and
warnings on the product
A victim can ask to be compensated for their injuries if they can prove that the product had a defective design, the product had a manufacturing
defect, or if the company failed to
warn about potential hazards.
It also means that the
defect in the premises was something the owner or occupier knew
about or should have known
about and either failed to correct it or
warn you
about it.
When the owner or operator knows
about defects, such as the broken light and the crack in the floor in the example above, the problem should either be fixed or visitors should be
warned about the hazard.
One type of
defect is the failure to
warn consumers
about risks involved in using the product.
In their Topamax birth
defect case, Brayden's parents said that Janssen failed to
warn them and their doctors
about the risks involved with taking Topamax during pregnancy.
Marketing
Defects (improper product labels, insufficient instructions, or the failure to
warn about a product's hidden dangers)
At Moffitt & Phillips, PLLC, we represent people who have been injured or killed by defective products or unsafe products that have design
defects (intended design is unreasonably dangerous), manufacturing
defects (product does not conform to the designer's or manufacturer's specifications), or marketing
defects (improper or misleading labels, insufficient instructions, or failure to
warn about a product's hidden dangers.)
The claim of responsibility may arise when a product is defective as a result of design
defect, production
defect or failure to
warn the user
about the product.
This
defect could exist because there is a flaw in the product's design, the product was manufactured incorrectly, or the company simply failed to
warn consumers
about potential dangers.
Their dangerous drug complaint contends that GSK should have known these risks were involved with its drug but failed to
warn about the birth
defects.
We have been reading
about Toyota's safety
defects for many years now, along with the more important violation of trust: the Japanese automaker repeatedly failed to
warn the public
about safety problems.
The injuries involved in these cases usually result from a
defect on the property, such as inadequate lighting or security or from a failure to
warn about a dangerous condition, such as a slippery floor.
Moreover, it is implied that the property owner has posted
warnings about any known
defects on the premises, or otherwise taken measures to correct those
defects.
A home inspector can talk
about the inspection process, offer
warning signs of major
defects, and lead a discussion on how inspections affect sales.
Since the stairway was not a hidden
defect and posed no risk of harm, they had no duty to
warn her
about it.