December 2015 Archives

Cancer risk still high even as asbestos use goes down

The rate of asbestos exposure and related fatal disease might have fluctuated over time, but the danger of breathing in asbestos fibers has not. Although use of asbestos in construction and other industries has waned, danger still lurks in existing structures. Sadly, many workers in Ohio are unaware that they have even been exposed to the toxic substance until years later, when cancer diagnoses begin to roll in.

Defective e-cigarettes could spawn product liability suits

The recent popularity of e-cigarettes in Ohio -- an electronic alternative to traditional cigarettes -- is hard to deny, but the dangers associated with these products have yet to be made entirely clear. While consumers have the right to expect new products to be safe when hitting the market, this is not always the case. All too often, hazardous or toxic materials are discovered to be lurking in consumer products on a seemingly regular basis. However, when it comes to new products, who should be held responsible in a product liability suit is not always easy to pin down.

Pharmaceutical litigation is governed by product liability laws

Lawsuits for personal injury or death arising from the use of prescribed pharmaceuticals are included in that area of tort law known as product liability. The three generally used theories of recovery in a product liability case filed in Ohio and elsewhere are negligence, strict liability and breach of warranty. Each of those claims is proved by a different set of facts, but in tort law, including in pharmaceutical litigation, alternative and even conflicting theories may be alleged and proved.

Product liability claim needs early consult with an attorney

Product liability refers to the responsibility of manufacturers and sellers to compensate buyers, users and sometimes bystanders for injuries and damages suffered as a result of purchasing or using a defective product. The concept of strict liability applies in Ohio product liability cases to make a manufacturer strictly liable to the user or consumer if the product was unreasonably dangerous despite being used in the way intended. When that is the case, the plaintiff's contributory negligence will not rule out a monetary recovery by the plaintiff.

Car accidents: Teenage passengers die when car crashes into tree

Too many families have to cope with the deaths of teenage children who have died on Ohio roadways. It is not at all uncommon to read one after another media report of young lives lost in car accidents. Two teens who were passengers in a vehicle were killed in the early morning hours of a recent Wednesday.

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