What is a defective product?
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.

What is liability for defective medical devices?
When a person is injured as a result of medical treatment, the first assumption, many a times is that the physician has made a mistake. On further analysis the real culprit turns out to be the equipment or device used to treat the injured person, for which the manufacturer is liable. Not all devices are error free and due to some fatal flaw in the design or manufacture they, at times cause devastating impact on the patients. The liability chain is long in such cases encompassing the entire supply chain till it reaches the ultimate customer. This places the manufacturer on the top rung, then the wholesaler, and the retail store owner at the lowest rung. In between there could be assembling manufacturers or agents as well. This area of the law encompasses three legal theories: strict liability, breach of warranty, and negligence.

What is to be proved to sustain in defective medical devise liability litigation?
The aggrieved consumer has to prove that the product was defective, the defect was there prior to the manufacturer releasing the product and it has caused him damages.

What are defective and dangerous toys?
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.

What are the duties of a drug manufacturer in the case involving unsafe drugs?
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.

How can an action for injury sustained as a result of defective and dangerous toys be brought?
There are various heads under which an action against a defective toy can be brought: Design defects (inbuilt defect), marketing defects (lack of warning) and manufacturing defects (defect during the production). All product liability claims including defective toys and children’s product claims are strict liability claims. In order to have a valid legal claim, the claimant need to demonstrate the following: that the toy was unreasonably dangerous, the toy did not have a warning sign on it, the toy or the item was used the way the manufacturer instructed it to be used. The vital factor to be established is that the product was defective from the day it was manufactured.

What can the injured claim in the above litigation?
A person bringing a timely action has right to claim damages for both economic and non-economic loss sustained. It shall include: medical expenses, pain and suffering etc. Wrongdoers are also penalized for their negligent behavior. Thus, a successful claim can compel suppliers and manufacturers to improve the quality of their materials, increase product safety features, and provide thorough cautions regarding a product's potential dangers.

What do I need to know about Personal Injury?
Personal injury occurs when a person is wrongfully injured by the negligent or intentional conduct of a wrongdoer. “Personal injury” cases are legal disputes that arise when one person suffers harm from an accident or injury, and someone else might be legally responsible for that harm.

What is Negligence?
A person is negligent when he or she fails to act like the standard “ordinary reasonable person”. The critical issue in many cases is just how an “ordinary, reasonable person” was expected to act in the particular situation that caused the injury. The determination of whether a given person has met his/her “ordinary reasonable person” standard is often a matter that is resolved by a jury after presentation of evidence and argument at trial.

What are the legal definitions of damage and damages?
Damage is defined as a loss or harm resulting from injury to a person, property or reputation. Damages refers to compensation - such as a money judgment - provided to a person who has suffers a loss.