More and more frequently, drivers of sedans and other smaller cars are injured and killed as a result of collisions with light trucks and sport utility vehicles (SUVs). In many of these accidents, crash reconstruction experts have concluded that the injuries and deaths could have been prevented or lessened if both vehicles were of similar size. Other crash experts have determined that the problem with the smaller cars is that many of the less expensive models are not equipped with the same safety features that the bigger vehicles have. Statistics support the allegations that SUVs and trucks pose an increased risk or danger to drivers and passengers of other cars. In collisions between SUVs or light trucks and other cars, over 80 percent of those fatally injured were those not in the SUVs or trucks.
The Consumer Product Safety Act of 1972 (Act) created the U.S. Consumer Product Safety Commission (Commission). Under the Act, the Commission has authority to adopt consumer product safety rules. The Act requires manufacturers to place warning labels and information labels on consumer products. The Act also requires manufacturers to report defects that have or may cause serious injury or death. Manufacturers must also report a product that fails to comply with a consumer product safety standard. The Act creates a federal tort cause of action for a knowing violation of safety standards or the Commission's rules. Injured persons who win a lawsuit under the Act can receive attorney fees and recover expert witness fees.
Fiberglass is a man-made material, constructed from thin, needle-shaped rods of glass. Over 30,000 commercial products contain fiberglass. For example, fiberglass is used for thermal insulation of industrial and residential buildings, as acoustic insulation, for fireproofing, as a reinforcing material in plastics, cement, and textiles, in automotive components, in gaskets and seals, and many other products.
In the mid-1980s, a few cases in Massachusetts and Michigan recognized an exception to the learned intermediary doctrine for oral contraceptives. The courts concluded that birth control pills were significantly different from other prescription drugs in several ways.
In a clinical study, human volunteers receive investigational drug therapy. The effects of the treatment are compared with a control group of human volunteers who receive either the standard treatment or a placebo (a sugar pill that has no therapeutic benefit). Researchers are able to conclude whether the experimental drug had a better outcome than the standard treatment. The experimental drug might produce a better outcome, but it might not work. It could prove dangerous or even deadly.