January 14, 2023
Legal Action and Cancer Causing Products
Cancer is a devastating disease that affects millions of people worldwide. While there are many factors that can contribute to the development of cancer, some products have been found to contain chemicals or materials that increase the risk of cancer. When it is discovered that a product has caused cancer, it can result in lawsuits against the manufacturer or distributor of that product.
Lawsuits resulting from a product causing cancer are known as product liability lawsuits. In a product liability lawsuit, the plaintiff alleges that a product was defective and caused them harm. In the case of cancer, the plaintiff would argue that the product contained a substance that caused them to develop cancer.
Product liability lawsuits can take many forms, but they generally fall into one of three categories: design defects, manufacturing defects, or warning defects. A design defect occurs when the product is inherently dangerous due to its design. A manufacturing defect occurs when the product is safe by design, but a mistake during the manufacturing process makes it dangerous. A warning defect occurs when the product is safe by design and manufacturing, but the manufacturer fails to adequately warn the consumer of the risks associated with using the product.
When a product causes cancer, it is usually due to a design defect or a warning defect. For example, a company may design a product that uses a substance known to increase the risk of cancer, such as asbestos. In this case, the product is inherently dangerous and defective by design. Alternatively, a company may fail to adequately warn consumers of the risks associated with using a product that contains a cancer-causing substance.
One example of a product liability lawsuit resulting from a product causing cancer is the litigation surrounding the herbicide glyphosate, which is the active ingredient in the popular weed killer Roundup. In 2015, the World Health Organization's International Agency for Research on Cancer classified glyphosate as a probable human carcinogen. Since then, thousands of lawsuits have been filed against Monsanto, the manufacturer of Roundup, alleging that the company failed to adequately warn consumers of the cancer risks associated with the product. In 2018, a California jury awarded $289 million in damages to a school groundskeeper who developed cancer after using Roundup for years.
Another example of a product liability lawsuit resulting from a product causing cancer is the litigation surrounding talcum powder. Talcum powder is a common household product that has been used for decades as a feminine hygiene product and a baby powder. However, studies have found that talcum powder may be linked to an increased risk of ovarian cancer. As a result, thousands of lawsuits have been filed against Johnson & Johnson, the manufacturer of talcum powder, alleging that the company knew about the cancer risks associated with talcum powder but failed to warn consumers. In 2020, Johnson & Johnson announced that it would stop selling talcum powder in the United States and Canada.
In conclusion, when a product causes cancer, it can result in lawsuits against the manufacturer or distributor of that product. Product liability lawsuits resulting from a product causing cancer are often based on design defects or warning defects. These lawsuits can result in significant damages being awarded to the plaintiff, as well as negative publicity for the manufacturer or distributor of the product. As more research is conducted on the link between certain products and cancer, it is likely that we will continue to see more product liability lawsuits in the future.
