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Breach of Warranty

Products liability law covers personal injury and property damage that occurs when a defective product is used. A product is defective if its design makes it dangerous, if it was improperly manufactured or if the manufacturer failed to warn of the product's dangers. You may be able to recover damages if you are injured while using a defective product. There are three theories of products liability: strict liability, negligence, and breach of warranty. This article covers a manufacturer's liability for breach of warranty.

Types of Defects in Products

A manufacturer has a duty to make safe products for consumers. It does not, however, have to make products that are completely accident proof or design the safest product possible. In products liability law, a defect does not mean an inferior quality product, instead it refers to the lack of safety in the product--the product has an unexpected defect or danger.

U.S. Food and Drug Administration Regulation of Direct-to-Consumer Advertising of Prescription Drugs

The U.S. Food and Drug Administration (FDA) has authority to regulate prescription drug advertising. FDA regulations prohibit false or misleading advertising of prescription drugs. In 1997, the FDA adopted special guidelines for advertising prescription drugs through broadcast media.

Defective Vehicle Gas Tanks

Vehicle gas tank explosions are responsible for numerous deaths in the United States. Product liability actions involving gas tank explosions generally allege that the injuries the plaintiffs incurred in an accident were made worse because the defective design of the gas tank made it more likely that the gas tank would explode. Actions alleging defective gas tanks usually allege that the gas tank was improperly designed, that it was improperly located on the vehicle, or that the manufacturer failed to warn vehicle owners of the dangers associated with the gas tank or its placement. However, vehicle manufacturers are not required to produce a gas tank that is incapable of exploding.

Contaminated Blood Product Litigation

When patients are faced with life threatening injuries or diseases, they sometimes rely on blood donations to save their lives. What happens when the blood they rely on to save them actually makes them sicker?