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.