Products Liability Newsletters

Flammable Fabrics Act

The Flammable Fabrics Act covers clothing, children's sleepwear, and interior furnishings, as well as materials such as paper, plastic, and foam, which are used in wearing apparel and interior furnishings. Under the Flammable Fabrics Act, the Consumer Product Safety Commission can issue mandatory flammability standards. Flammability standards have been established for clothing textiles, vinyl plastic film used in clothing, carpets, rugs, children's sleepwear, mattresses and mattress pads. Products that do not meet the Commission's flammability standards cannot be sold or distributed in interstate commerce. Consumers should know that a fabric that passes the federal flammability standards might still burn.

Motor Vehicle Safety Act

Congress enacted the National Traffic and Motor Vehicle Safety Act of 1966 (Act) to reduce traffic accidents and deaths and injuries resulting from traffic accidents. Congress directed the U.S. Secretary of Transportation to issue motor vehicle safety standards. This task was delegated to the National Highway Traffic Safety Administration (NHTSA), which was set up to carry out safety programs. Besides adopting motor vehicle safety standards, the NHTSA investigates safety defects in automobiles and trucks and orders vehicle recalls when necessary.

Pharmacists' Liability for Improperly Dispensing Prescription Drugs

A pharmacist has three basic duties: to store prescription drugs properly, to prepare prescription drugs properly, and to dispense prescription drugs correctly. If the dispensing pharmacist fails to perform any of these duties, he/she could be held liable if a patient experiences a drug-related injury. This article discusses pharmacists' liability for the improper dispensing of prescription drugs.

Poison Prevention Packaging Act

The Poison Prevention Packaging Act (Act) was passed to prevent unintentional child poisonings. The Act requires special packaging to protect children from injury or illness as a result of handling, using, or ingesting certain drugs and household substances. The Act requires child-resistant packaging for such products. A child-resistant package is one that is significantly difficult for children under the age of five to open.

Tests for Deciding Emotional Distress Claims

Products liability law covers defective products. If a product contains a design or manufacturing flaw, it is considered defective. If the user of a defective product sustains personal injuries or property damage, the manufacturer or seller of the product could be liable for any injuries or property damage. This article discusses the various tests courts have used in deciding emotional distress damage claims.