Montana consumers may purchase defective products unknowingly. If injury results, a consumer may recover some of the financial loss incurred as a result of the injury. Liability law is not governed by federal laws, and state statutes are used. Under the concept of strict liability, a consumer is obligated to prove they were harmed by the defective product without proving manufacturer negligence.
The state of Montana was one of many that filed suit against Janssen Ortho LLC and Janssen Pharmaceuticals, Inc., over the marketing of Risperdal, an atypical antipsychotic medication that is used to treat various psychological disorders. The drug is the source of several product liability claims that have either been settled or are still pending.
Recent explosive train derailments have put safety concerns in the oil industry back in the limelight. Just Last year, 47 people died when a train carrying oil derailed in Quebec. Issues have been raised over shipping oil by rail and inaccurate labeling of containers. Recently, the Department of Transportation cited three large oil companies for mislabeling their crude oil tanker cars. Of the 18 samples taken from cargo tanks, 11 were found to be mislabeled. The department’s Pipeline and Hazardous Materials Safety Administration fined the three companies $93,000.