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School bus accident in the Bronx as the result os speeding, causing ...Learn More
A defective product is one that causes damage or injury to a consumer by way of a defect in the product, its labeling or marketing, and the way the product is used or harm due to the unlawful act or omission of another. The person at fault i.e. the one who is the proximate cause of the loss or harm must compensate the injured party.
Defective toys and defective children’s products are an especially significant area of product liability law. In spite of being banned as dangerous items, many toys continue to remain on the shelves of the toy stores, making its way to the children. These toys and children’s products may look apparently very attractive and safe, but, it may lead to various hazards such as: Choking may be caused from balloons, screws or other small parts that come off easily; Strangulation may be caused by toys with long strings such as Yo-Yo; Entanglement can occur in certain toys and children’s products such as mosquito nets; Some toys may contain certain hazardous metal or chemicals, for instance, presence of lead can result in lead poisoning in children, some small toys like teethers and pacifiers labeled as “phthalate-free”( Phthalates are a class of chemicals used to soften otherwise hard PVC plastic, exposure to phthalates can cause reproductive defects, early onset puberty, and even cancer) contain the potentially hazardous chemicals; Respiratory ailments(bronchitis and allergies) are caused by various other items like soft toys and furry children’s blankets.
A drug manufacturer has a duty to warn of side effects of a drug when such effects are understood to occur, but is not expected to warn of unknown dangers. Usually, the manufacturer discharges this duty by providing the necessary information to the patient’s prescribing physician or to the pharmacist. The drug manufacturer is considered an expert in its field, and as such has a continuing duty to keep abreast of knowledge regarding its products and take all reasonable steps to update medical professionals on their potential adverse effects. There is no duty to warn of possible reactions in unusually susceptible consumers, however, but just because a reaction is rare does not mean the manufacturer has no duty to warn about it or that the persons experiencing the reaction are unusually susceptible.