Product Liability

Since it first became commercially available in 1974 as the active ingredient in Monsanto’s RoundUp, glyphosate has proven to be an extremely effective weed killer. It’s been in wide use across the lawns of American homes, businesses, public spaces, and other locations, but glyphosate has come under scrutiny in recent years because of a potential link to certain types of cancer. According to a March 2015 publication from the World Health Organization, the chemical glyphosate was listed as “probably carcinogenic to humans” – a claim Monsanto denies.

However, the proof is mounting that such a link exists. Injured victims throughout the US are experiencing some success in litigation alleging the connection between glyphosate and cancer, so you may have legal options. An Atlanta, GA product liability attorney can explain in more detail, but it’s important to know the cancers that have been shown to be caused by glyphosate.

Non-Hodgkin’s Lymphoma (NHL): When the human body develops trouble with its immune system, it can lead to this type of cancer that originates in the lymphatic system. Medically speaking, NHL is what happens when you produce too many white blood cells called lymphocytes. As it relates to glyphosate exposure, NHL is a cancer that can affect:

• B Cells, which fight infection; and,
• T Cells that fight foreign invaders.

Breast Cancer: Glyphosate is also linked to breast cancer because it’s been defined as an endocrine disruptor, a phenomenon associated with adverse medical conditions. Researchers have noted that this chemical stimulates the growth of cancer cells in some prolonged exposure situations, yet manufacturers still fail to place warnings on the label of products containing glyphosate.

Your Rights as the Victim of Glyphosate Exposure: There are multiple lawsuits proceeding in courts throughout the US, filed by victims who developed these and other cancers linked to glyphosate. Many are based upon laws like Georgia’s strict product liability statute, which doesn’t require proof of fault. Manufacturers can be held accountable regardless of whether they knew their product was dangerous.

Other product liability cases involving glyphosate involve proving the elements of negligence. A victim must show that the manufacturer was negligent in allowing a potentially unsafe product to enter the consumer marketplace.

Under both strict liability and negligence theories for product liability, Georgia has a statute of limitations. You must file a lawsuit in court within two years after you were diagnosed with a glyphosate-related cancer, or should have discovered you suffered from such a condition. If you don’t initiate litigation before the statute of limitations expires, you’re forever barred from seeking compensation for your losses. 

Speak with an Atlanta, GA Product Liability Lawyer About Your Options 

If you contracted cancer or lost a family member due to exposure to glyphosate, time is of the essence to consult with an attorney about your legal remedies. Products liability claims are extremely complicated, especially when companies like Monsanto are on the other side. Our team is prepared to aggressively fight on your behalf, so please contact the Law Offices of Julie A. Rice to schedule a free consultation today.

Even if you don’t work in the practice of law, it’s likely that you’ve heard about legal issues related to Monsanto’s RoundUp weed killer product in the news. Atlanta’s Fox News Channel 5 recently reported on a ground-breaking lawsuit, in which two people recovered millions in monetary damages after they contracted cancer through use of RoundUp over several years. The jury verdict will have a significant impact on another 13,000 plaintiffs who have already filed their own cases, as well as additional individuals who may develop ailments linked to use of the weed killer.

However, a win in this case doesn’t guarantee success for all other victims, as there are extremely complicated issues at stake. You can read on for some information on the Monsanto RoundUp litigation and what it means, but work with an Atlanta, GA product liability lawyer if you have questions regarding your specific circumstances.

Lawsuits Claim RoundUp is Linked to Cancer: Despite the fact that glyphosate is considered safe by the US Environmental Protection Agency, other studies and research indicate that it could cause cancer. The debate is expected to continue for some time, but the disparities haven’t stopped some affected victims from filing lawsuits. Some of the allegations center on the fact that the RoundUp label doesn’t include warnings about the risks of long-term exposure – even when the product is used according to the manufacturer’s instructions.

Basics of a Product Liability Lawsuit: A consumer product is dangerous when it contains a defect in its design or manufacturing process. Another possibility is labelling flaws, generally centering on the manufacturer’s failure to provide proper warnings about the product’s use – which is the situation for the Monsanto RoundUp litigation. Under Georgia law, victims may have rights under the theory of strict liability. It’s not necessary to prove fault, but you must show that the product was defective at the time it was created.

You might also have rights through:

• Negligence: Manufacturers have a duty to make products that are reasonably safe and free from defects. If they fail in this duty, victims have rights in a negligence-based claim.
• Breach of Warranty: These cases focus on the fact that there’s a type of guarantee built into every consumer product. A breach of express or implied warranty may give rise to a claim.

For purposes of timing, the statute of limitations in a product liability case is the same for other personal injury claims. You must file a lawsuit in court within two years after you suffer the injury, which in the RoundUp litigation could be the day you were diagnosed with a medical condition related to glyphosate exposure. 

Discuss Your Case with an Atlanta, GA Product Liability Attorney 

All personal injury cases involve challenges, but claims involving product liability against an enormous multinational corporation like Monsanto are exceptionally complex. Plus, the RoundUp litigation is just beginning to gain steam, which means there are many emerging legal issues that affect your rights. For more information on your legal options, please contact the Law Offices of Julie A. Rice. We can schedule a no-cost case evaluation to discuss your claim.

In sum, product liability is a responsibility imposed upon manufacturers and other companies involved with ensuring an item is safe for consumers. While you may not have personal experience with the topic, there’s a good chance you’ve at least heard about dangerous products in the news. These cases make headlines not only because of the extreme nature of the defect and massive number of injured victims, but also the high monetary damages awards won by claimants.

If you’re hurt because of a defect or other problem with a consumer product, you too may have legal rights. You should discuss the specifics with an Atlanta, GA product liability attorney, and check out a helpful overview on the basic legal principles.

The Dangers of Defective Products: There are three different scenarios that can lead a consumer product to be defective to the point of presenting a serious risk to the user. They include: 

1. Defects in the manufacturing process, which only affect a single lot of items produced according to the flaw;
2. Defective design, where the product itself – and all other items produced according to the original blueprint – are flawed; and,
3. The failure to warn, classified as a labelling flaw. This defect occurs when a product doesn’t include essential instructions for use or warnings about the risks it may present.

Legal Basis for Products Liability Cases: There are multiple theories of liability that may allow injured victims to recover monetary damages for losses caused by a defective product. The first is Georgia’s product liability law, which provides that a manufacturer is strictly liable for defects. You don’t need to prove fault, but you must show that the flaw existed when the product was manufactured.

Another approach to liability is the concept of negligence, which refers to a breach of duty. A manufacturer may be held accountable if the company offers a product for sale, but it contains a feature that’s reasonably certain to cause bodily harm.

Note that the two-year statute of limitations in a product liability case applies regardless of whether your claim is based upon strict liability or negligence. 

High Profile Products Liability Cases Making Headlines: One of the most prominent subjects of litigation in this area right now is Monsanto’s weed killer RoundUp. Atlanta’s Fox News Channel 5 recently reported on a successful case brought by two plaintiffs who contracted cancer due to years of exposure to glyphosate, the active ingredient in RoundUp. In addition, other products liability cases in the news include:

• Talcum powder;
• E-Cigarettes and other products containing lithium batteries;
• Pradaxa and related blood thinner drugs; and,
• Many more.

Schedule a Consultation with an Atlanta, GA Product Liability Lawyer

From this description, you can see that products liability cases are highly complex. The relevant issues are complicated, but you could also be up against a manufacturer with a large legal department and massive budget for fighting your claim. Instead of putting your rights at risk, trust an attorney to protect your interests. To learn more about your remedies in a products liability case, please contact the Law Offices of Julie A. Rice to set up a free assessment.