How A Retailer Can Be Held Liable For Product Liability?

How A Retailer Can Be Held Liable For Product Liability?

Nov 15

Over the years, there had been a spate of product recalls for allegedly causing injuries or accidents to consumers. When products are sold in the market, there is always an assumption that they have been tested and considered safe. When injuries happen to a buyer, the first one to be blamed will be the manufacturer. This is not the case all the time because everyone who is part of the distribution chain can be held liable.

According to the website of Williams Kherkher, defects may arise from the manufacturing to the distribution, or even when they are already in the store shelf. Even though they were not the manufacturers of the defective product, retailers can be held liable for any injuries resulting from those defects. Retailers have the job to ensure that the products they are selling are safe for use.

Retailers may argue that they had no way to know if the product had any defects because they were not the ones who manufactured the item. However, it is their job to take measures in ensuring the safety of the products they are selling. Hence, they can be sued for product liability if the item they sold caused injury to the buyer or to another person.

The liability of a retailer in a defective products claim may be an issue of negligence on their part. For example, when the Consumer Product Safety Commission calls for a recall of the product and the retailer did not remove it from their shelf, a consumer may have a case if they get injured. The retailer may be required to provide consumers with sufficient warning about defects and inform them of how to repair or replace the product. Their failure to do so constitutes negligence.

Product liability is protected in the Consumer Protection Act. Everyone therefore has the right to sue and receive compensation from any injuries that resulted from defective products.

The da Vinci Surgical System: Another Cause of Personal Injury

The da Vinci Surgical System: Another Cause of Personal Injury

Oct 22

Usually, when a person goes to a doctor, it is to seek treatment and remedy to an already serious ailment that has caused him/her pain and inconvenience for quite a time. A patient in any event, would always expect quality care, but more than this, the solutions to his/her health complaint.

According to the website of Habush Habush & Rottier S.C.®, it is the duty of doctors and all other health professionals to render only the best care and make accurate diagnosis of their patient’s concern. When medication cannot do the job the doctor resorts to an invasive procedure to address the issue – through surgery.

Since the year 2000, medical surgery has had a major change in the performance of surgical procedures. The introduction of the da Vinci Surgical System, a multi-armed robot, for minimally-invasive surgeries has made the procedure much less painful and more bloodless (as the incisions required only tiny holes, unlike in open or traditional surgeries which required incisions as long as four inches). The wounds or incisions it made also healed faster as these required only a few stitches.

From 2000 to the middle of 2013, millions of patients around the world have already been operated on using the da Vinci device. This Intuitive Surgical Inc.-manufactured robot has also been acclaimed by surgeons due to its capability in helping them perform surgeries with greater accuracy and precision, especially prostate removal and hysterectomies.

The fame of the da Vinci, however, is marred with reports about the device’s faulty performance. According to the website of the National Injury Law Center, some of the complained injuries caused by the device include: burns/tears to the intestines; excessive bleeding; punctured blood vessels or ureters; severe injury to the bowels and death.

Though the US Food and Drug Administration has received reports about the da Vinci’s adverse events and despite the fact that it has issued a black box warning, the most serious warning the FDA can issue, it cannot recall Intuitive’s product due to conflicting reports about its actual safety and adverse effects.