Article 2 of the Uniform Commercial Code

Most product liability law is based on Article 2 of the Uniform Commercial Code (UCC). The Uniform Commercial Code provides contract-based grounds for products liability. The Uniform Commercial Code has been adopted in every state, although the version of the Code may vary from state to state.

Lack of Causation as a Defense in Drug Products Liability Litigation

Drug products liability is an area of law dealing with personal injuries that result from using a drug or medical device.

Defenses in Products Liability Lawsuits

Products liability is an area of law that covers personal injuries and property damage caused by defective products. A product might be defective because it was improperly designed or manufactured. If a defective product causes personal injuries or property damage, anyone involved in the manufacture or distribution of the product might be liable for injuries caused by the defect. In many states, you can sue the manufacturer, the wholesaler, the distributor, or the store where the defective product was purchased. There are several defenses that can be raised in a products liability lawsuit. This article covers the following defenses: statutes of limitations, contributory negligence and comparative negligence, product misuse and assumption of risk.

Apportionment of Liability

The apportionment of liability between multiple defendants in product liability actions varies from state to state. The state laws governing apportionment of liability range from joint and several liability to proportionate liability to various hybrid forms of apportionment. Under the theory of joint and several liability, a plaintiff could recover all of his or her damages against only one of multiple defendants. Joint and several liability was designed to allow plaintiffs to recover from some defendant instead of having to pursue all potential defendants who could avoid liability by blaming the injury on other defendants. Joint and several liability places the burden on the defendant of joining other tortfeasors in an action or risk having to pay for all of a plaintiff's damages alone.

Pharmacists' Liability for Improperly Dispensing Prescription Drugs

A pharmacist has three basic duties: to store prescription drugs properly, to prepare prescription drugs properly, and to dispense prescription drugs correctly. If the dispensing pharmacist fails to perform any of these duties, he/she could be held liable if a patient experiences a drug-related injury. This article discusses pharmacists' liability for the improper dispensing of prescription drugs.