When someone in Montana purchases a product, there is an expectation that it will work properly. Unfortunately, product defects can result in a number of different injuries to consumers, and when this occurs it is the court's responsibility to determine who is at fault. In terms of product liability, there are various parties that can be liable for different types of defects.
If you are like most Montana residents, you rely on a vehicle to run errands, get to work and head out on weekend trips. Power steering helps the steering wheel turn easily. When it works well, you can make tight turns and cruise through curves with minimal effort. At Cok Kinzler PLLP, our experienced team often assists clients injured as a result of faulty steering.
When you and others in Montana purchase products you expect to be, or have been warned that they are, hazardous, you are likely more careful when using them. Some products that would be otherwise relatively safe, have defects that may put you at risk for suffering serious injury or death. If you have been injured as a result of using a product, it may behoove you to understand the types of defects that create liability.
One of the fastest growing products of recent years is the vape pen, or e-cigarette. These devices were marketed as safer than traditional cigarettes with little evidence to support the claim. In truth, there is still a lot of research needed to determine if the chemicals in e-cigarette vapor packs are safe.
The days are long and the nights are warm again. It's summertime in Montana and everyone is eager to get outside and enjoy our beautiful, massive landscape. Accidents happen, though. Keep that in mind in the coming months when you're out at the grill, going off-road on the ATV or heading out for a weekend.
Some Montana residents may have heard about supplements that contains powdered caffeine, which a form of the drug some 80 percent of Americans reportedly consume each day with their coffee. Except that powdered caffeine does not occur naturally and is much more potent and volatile than coffee's caffeine, allegedly. Thus, the supplement's potential for abuse has provoked alarm among federal regulators, authorities reported on Dec. 29
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 concept underlying product safety is that companies are responsible for ensuring the effectiveness and safe operation of the products they sell to the public. This basis of trust can be undermined, however, by a negligent manufacturer who knowingly or inadvertently makes an inherently dangerous product as a result of a design defect.
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.