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Liability News
Orphan drugs: the question of products liability
Orphan drugs, essential for the treatment of persons with rare diseases, generally are unprofitable for manufacturers to develop and market. While congressional and administrative efforts to promote the development of orphan drugs have met with modest success, application of products liability doctrine to orphan drug sponsors could subvert those efforts. This Note describes the provisions of the Orphan Drug Act and analyzes products liability law with respect to orphan drug litigation. It argues that the goals of tort law support the imposition of liability for design defect, failure to warn and negligence in testing. Finally, the Note acknowledges that liability costs create disincentives for orphan drug development and suggests mechanisms for reducing manufacturers' liability concerns.
NEISS stands for CPSC’s National Electronic Injury Surveillance System
2003 NEISS estimates have been produced from a sample of 98 hospitals, including children’s hospitals. Information from NEISS is available to the public through CPSC’s National Injury Information Clearinghouse (phone: 301-504-7921) and online
Newsroom
News about product liability cases in New Mexico and nationwide:
Product Sellers, Rentors, And Lessors
Liability Rules Applicable to Product Sellers, Renters, and Lessors.Product sellers, rentors, and lessors will be liable only for their own failure... Read more >
Definition:
Fitness and merchantability The two most important warranties created by U.C.C. Article 2 are the warranty of merchantability (2-314) and the warranty of fitness for a particular purpose (2-315). The warranty of merchantability is a promise that the goods are fit for the ordinary purpose for which goods of that type are used.
Secret warranties
Definition:
In dealing with defects in autos & new car parts sometimes free repairs are not publicized, they are called "secret warranties." Some states have passed laws requiring vehicle owners be notified of secret warranties.
Unjust Enrichment
Definition:
The general principle of unjust enrichment is that one person should not be able unjustly to enrich himself at the expense of another.
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