Damages Awarded in Products Liability Lawsuits

Courts award damages to pay back a person for loss or harm resulting from injuries caused by a defective product. The trier of fact (the jury in a jury trial or the judge in a bench trial) decides the amount of damages. The trier of fact has broad discretion in setting the amount of damages. The following are some of the factors considered in making an award: the injury, the need for future treatment, any disability, pain and suffering, age, occupation, and pre-injury health. A person's life expectancy is also considered if the injury is permanent.

Causation in Products Liability Lawsuits

Products liability is an area of the law which deals with personal injury and property damage that results from a defective product.

Breast Implant Litigation

Silicone breast implants were developed in the 1960s. They have been used for breast reconstruction (about 15 percent of implant procedures, as estimated by the U.S. Food and Drug Administration) and breast enhancement (about 85 percent of implant procedures, as estimated by the FDA).

Smoke Detector Litigation

Smoke detectors are invaluable in saving lives. It is estimated that three-fifths of all deaths from home fires occurred in homes without smoke detectors. But what happens when a smoke detector fails to alert residents of the presence of smoke? Who is responsible for smoke detector failure?

The Food and Drug Administration's 2004 Initiatives for Dietary Supplements

Congress passed the Dietary Supplement Health and Education Act of 1994 (DSHEA), giving the Food and Drug Administration (FDA) power to adopt specific standards for dietary supplements. Dietary supplements include vitamins, minerals, herbs, botanicals, amino acids, and nutraceuticals.