Products Liability Newsletters
Admissibility of Evidence of Prior Accidents in Product Liability Actions
Beginning in the 1990's, lawsuits alleging injuries a result of exposure to electromagnetic radiation started to spring up. These lawsuits are based on growing, but perhaps unsubstantiated, evidence that exposure to low level electromagnetic radiation that is given off by power lines, electric blankets, and video display terminals (VDT's) can cause cancer, birth defects, miscarriages, and other health problems. Electromagnetic radiation occurs when voltages produce electric fields and electrical currents produce magnetic fields.
Under the doctrine of sovereign or governmental immunity, the government cannot be sued for its actions unless it gives permission. Federal, state and local governments have waived sovereign immunity in some circumstances by statute. For example, the Federal Tort Claims Act permits a lawsuit against the federal government for damages resulting from the negligent or intentional injury by a federal employee acting in the scope of his/her job.
A product recall occurs when the manufacturer or a regulatory agency removes a product from the market or asks the public to return the product for corrective measures. Most product recalls relate to safety issues. A voluntary recall occurs when the manufacturer asks consumers to return the product or bring it in for repairs. A mandatory recall is a recall ordered by a regulatory agency pursuant to a law or regulation.
Choking is the leading cause of toy-related deaths. In fact, over a third of toy-related deaths are due to choking. The majority of toy-related choking deaths are caused by small balls and latex balloons. Children under age three are at higher risk for choking deaths because their airways are smaller than those of older children and because they have a tendency to put toys in their mouths.