If Flat Irons Have Warranties Shouldn’t Medical Devices?
GM has been in the news a lot lately for defects in ignition switches and other parts. Defects in cars are covered by a strict liability theory in products liability cases. But while GM sat on the knowledge of the problem with its ignition switches for almost 10 years, most car companies are smart enough to recall the car and replace the defective part or fix the defect. In so doing, they prevent unnecessary injury and lawsuits. The duty to warn of known defects is required by law, and it should be. GM could have replaced the defective 57¢ part with a part that cost 90¢ more.
