The Role of the Food and Drug Administration in Product Safety

The Role of the Food and Drug Administration in Product Safety

Aviation Breach of Warranty Claims

When an aircraft does not function properly, the operator of the aircraft may have a products liability action against the manufacturer based on breach of warranty. A warranty is a promise made by the manufacturer about the quality or performance of the product. A warranty can be express (oral or written) or implied (unspoken or unwritten).

Jury Instructions in Products Liability Lawsuits

The judge gives instructions to the jury (also called the jury charge) after both sides present their evidence at trial. The instructions tell the jury the law it must follow in reaching a verdict. The jury's function is to consider all the evidence and decide what happened. There are three separate types of claims in products liability lawsuits: strict liability, negligence, and breach of warranty.

Food Contamination

Foodborne illness is fairly common in the United States. The main cause of foodborne illness is the improper handling of food, which allows it to become contaminated by bacteria, parasites, fungi, or viruses. This can happen when the food is being manufactured or packaged. It can also occur at a restaurant where the food is being prepared and served. Under products liability law, a consumer who is injured as a result of eating contaminated food can take legal action to recover money damages for any injuries.

Insurance and Drug Products Liability

An insurance policy is a contract between an insurance company (the insurer) and an individual or company (the insured). Under the contract, the insurer agrees to defend the insured if the insured is sued. The insurer also agrees to indemnify or repay the insured for any losses that are covered by the policy.