Can be complex to prove liability for product defects

People are entitled to expect that the things they buy are safe.

Can be complex to prove liability for product defects

By Karen Walsh

People are entitled to expect that the things they buy are safe.

However, sometimes there are instances when some products may be faulty or defective and can cause serious personal injury and/or property damage, as a result.

Product manufacturers and suppliers can be held liable for design defects and manufacturing flaws, and for not including adequate safeguards, particularly on dangerous products, and for inadequate product warnings or information on such products.

Roundup is the most widely used herbicide in the world.

In a recent case held in San Francisco, the jury found that Roundup gave a former school groundskeeper terminal cancer. They awarded him $289 million in damages.

It was reported last year that hundreds of people are suing the chemical giant Monsanto that manufactures Roundup, making similar claims.

Dewayne Johnson, 46, applied Roundup weedkiller 20 to 30 times per year while working as a groundskeeper for a school district near San Francisco.

He testified that during his work, he had two accidents in which he was soaked with the product.

The first accident happened in 2012.

Two years later, in 2014, he was diagnosed with non-Hodgkin’s lymphoma.

The big questions at stake were whether Roundup can cause cancer and, if so, whether Monsanto failed to warn consumers about the product’s cancer risk.

The jury sided with Johnson on both.

After the verdict, Monsanto issued a statement, saying it stands by the studies that suggest Roundup does not cause cancer.

“We will appeal this decision and continue to vigorously defend this product, which has a 40-year history of safe use and continues to be a vital, effective and safe tool for farmers and others,” Monsanto Vice President Scott Partridge said.

Holding the manufacturers and sellers of defective and dangerous equipment accountable not only helps the person injured.

It also helps deter the manufacturer from continuing to use defective products.

Many successful defective product cases result in recalls of the defective product.

That prevents injuries to others, and dissuades the manufacturer from cutting corners in the future.

Defective product liability cases can be complex.

The facts necessary to prove your case should be collected as soon as possible, to protect your rights.

If any product has harmed you, your family, and your livestock, or caused you to suffer material damage or loss, an action for the recovery of damages can be brought.

It is always advisable to obtain legal advice as early as possible, if you have been injured, or believe you have been injured because of a defective product or equipment,,

Karen Walsh, from a farming background, is a solicitor practicing in Walsh & Partners, Solicitors, 17, South Mall, Cork (021-4270200), and author of ‘Farming and the Law’. Walsh & Partners also specialises in personal injury claims, conveyancing, probate and family law.Email: info@walshandpartners.ieWeb: www.walshandpartners.ieWhile every care is taken to ensure accuracy of information contained in this article, solicitor Karen Walsh does not accept responsibility for errors or omissions howsoever arising, and you should seek legal advice in relation to your particular circumstances at the earliest possible time.

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