Product Liability Law, Upholding and Protecting the Rights of America’s Buying Public

Manufacturers have the following legal duties:

  • Make sure that their products are safe and will not cause harm;
  • Include on their products’ labels all vital instructions or warnings that consumers need to know; and,
  • Indicate clearly and accurately on product labels all of the product’s ingredients.

False claims regarding what a product can do is a deception, an act that can result to a lawsuit, especially if, besides not giving the results it claims to give, it ends up causing harm to users.

Product liability is that area of the law that holds manufacturers, distributors, suppliers, retailers, and all those who are part of the distribution chain liable for the harm caused by defective and injurious products.

Through the product liability law, the rights of America’s buying public are upheld and protected; it is also aimed at ending the thousands of injuries that dangerous and defective products cause American consumers every year. This task, of making sure that consumers get exactly what they pay for and not end up taking home a defective or dangerous product, is assigned to the U.S. Bureau of Consumer Protection of the Federal Trade Commission.

A product defect includes failure to fulfill claims or promises made about a particular product or service. One example is a universal remote control that is claimed to be able to control all electronic equipment in your home, but ends up controlling only your TV.

Thousands of tort suits or product liability claims due to injuries caused by defective products are filed against product manufacturers every year. Unfortunately, despite all the laws that require compliance with federal quality standards, so many defective or poorly made products still escape the watchful eyes of authorities, get displayed in stores and sold to millions of unsuspecting American consumers who trust that what they purchase are safe and without defects. This is not the case, however, as can be proven by the injuries and deaths that have already been reported, traced, proven and documented by the United States Consumer Products Safety Commission (CPSC). Some of these reported cases include:

  • Close to 30,000 electric blankets which, when folded or bunched, have the tendency to overheat and burn the user;
  • Dell’s 200,000 laptop batteries, which showed risks of overheating and causing fire;
  • 220,500 harmful children’s toys; and,
  • The Ortho Evra® birth control patch that can cause death after causing the development of blood clots in the user;

According to Ontario personal injury lawyers of Mazin & Associates, PC, “Defective products are generally borne out of negligence or a careless party failing to exercise the reasonable standard of care when handling the product. In serious cases, faulty products may cause serious injury or disability to anyone who uses them.

There are a variety of factors to take into consideration when addressing product liability. The existence of a faulty product is not enough to warrant litigation. It must also be proven that a particular product defect caused your injuries. Product defect can be attributed to a range of areas, including:

  • Defective household products
  • Toxic food products and containers
  • Dangerous childcare products and toys
  • Dangerous drugs
  • Defective vehicles
  • Manufacturing defects
  • Design defects

To make a claim against a defective product, you additionally must prove that you were not mishandling or misusing the product in a way that would cause injury or negative side effects. Thus, if it can be proven that a defective product has caused injury to you or a member of your family, the decision is yours to hold the responsible parties accountable.

Broken Bones and Personal Injury

Broken bones may seem like a necessary part of growing up. You fall out of a tree or off your bike and spend the next six months in a hot pink cast signed by all your friends. In this sense, broken bones may seem harmless or minor, but bone fractures can often be a serious injury, depending not only on their severity and location, but on the patient’s ability to obtain appropriate medical help for the injury. Fractures are often characterized by limited mobility, complete or partial inability to move a limb, intense pain, and even protruding bones in severe cases, making appropriate medical help all the more important, but all the more expensive.

Unsurprisingly, the worse the fracture, the more expensive the medical bill. However, if the injury occurred as the result of negligence or recklessness on the part of a different person or company, the case may fall under personal injury law and the other party may be responsible for medical payment, easing the burden on the victim. According to Russo, Russo, & Slania, P.C., there are a number of protections provided to every citizen under tort law, making the scope of personal injury cases larger than most people realize, even encompassing cases with broken bones.

Given this large scope, many people do not realize their fracture may be covered under personal injury laws. Dangerous working conditions, slip and falls, and even some motor vehicle accidents could be covered, making it paramount for victims to explore various legal avenues if they believe their injury did not occur as a result of their own conduct. If you are unsure if your case is covered under personal injury law, contact a lawyer and look at all your options. Serious fractures can be a painful burden, but the associated medical bills don’t have to be.

Can I Handle a Personal Injury Case on My Own?

It is tempting to take control of everything in your life. This is, after all, a day and age when people want things done as soon as possible—an age of society that thrives and relies on instant gratification. So, yes, it can be tempting to simply take the swiftest and easiest way out of a situation and just get back to your regular, comfortable life – but with legal matters, should you really go through with it on your own?

If you are the plaintiff of a personal injury case – either you were the injured party or the surviving kin of the victim – then it is more than likely that you may be advised to not seek legal representation and take the first settlement you’re offered. Money is money, after all, and actual legal process can only mean complications, right? Wrong.

This is a common misconception that aims to benefit the insurance companies and not the survivor of a horrible incident. According to the website of the lawyers with the Hankey Law Office, insurance companies know that it is statistically more likely that a person who is represented by an attorney has a better chance of receiving a larger and fairer monetary settlement than a person who has had any legal aid at all.

It can be complicated to go through with the legal process but it doesn’t have to go to court. A settlement can be reached without having to face a trial. The only difference is that with reputable and experienced representation, you can be rewarded with not only sufficient compensation to cover your lawyer’s fees but also recompense to cover other financial constraints that you may not have considered such as the loss of wages or even the expenses to cover therapy in order to treat emotional trauma, which can be just as debilitating as physical injury.

Neck and Back Injuries

Neck and back injuries are very common injuries involved in road accidents, and they are also the most prevailing reasons for doctor’s visits. The human neck and back are made of delicately complex structure of muscles, bones, tissues and nerves that can easily be injured during an automobile accident. Often, the injuries include neurologic symptoms which can then radiate to other parts connected to that particular part of the nerve. Furthermore, any injury that affects any part of the spine can cause spasms (or reflex tightening) of the paraspinal muscles that can be very painful and debilitating.

It is estimated that eight out of ten people will suffer from neck or back pain at one point of their lives. There are those who would experience acute neck and back pain can feel abrupt and intense pain that can fortunately subside after a few days of weeks, but there are some types of neck and back injuries that are long-term and even result to chronic pain. According to Russo, Russo & Slania, P.C., those who have suffered from serious neck and back injuries due to the fault of another has the right for compensation and may be able to legally file a personal injury claim.

Whiplash is one of the many injuries that should be checked following an automobile accident. This injury is not immediately seen or felt by the victim, but can show itself hours or days after. Although many victims believe whiplash to be a minor injury, various research have proven that it can be a significantly long-term injury. Victims of automobile accidents should also consider low-impact injuries because soft-tissue injuries are often overlooked.

Many of these injuries require lasting medical treatment and can put a strain on your finances state. This is the main reason why people file for injury claims; awarding compensation is not only to deter motorists from doing similar acts, but also to help cover for medical expenses and other damages that the victim experience. Both economic and non-economic expenses can be covered by the compensation, making medical treatments faster and easier.

How Parents Can Protect Their Children from Dog Bites

Dogs are an integral part of many American homes. With their playful attitudes and pleasant dispositions, it’s no surprise that thousands of people in the U.S. consider their beloved pets as part of the family. Dogs make for great companions. However, despite their lovely attitudes, there are moments when dogs become scared or provoked and easily turn aggressive. When this happens, a family’s beloved mutt can be a threat to the health and safety of their neighbors.

About a year back, news of how a young boy from Bakersfield, California was attacked by their neighbor’s dog became widely spread. Footage showing the incident became viral because the family’s cat was able to successfully drive away the aggressive dog and save the 4-year-old from more serious injuries. Unfortunately, not all children are saved from dog bites in the same way. In fact, according to the Centers for Disease Control and Prevention, the majority of dog bite victims are children. Because children are often unable to understand a dog’s body language and reactions, they do not become mindful of when it’s time to stay clear of an already aggressive or threatened dog.

Parents can protect their children from attacks by making sure they are properly supervised when playing outdoors, or when they are around or interacting with dogs. It’s also important that parents teach their kids some safety precautions that can help them avoid injury. The American Society for the Prevention of Cruelty to Animals offer several suggestions that can help keep children safe from dog bites. One of the most important tips they offer is to make sure your kid understands the potential danger of petting or approaching a stray, a dog that’s off its leash, or stranger’s dog without permission.

Despite these precautions, the accountability for a dog’s aggressive behavior ultimately rests on its owner. All pet owners should make sure that their dogs are properly trained. They also have to make sure their dogs are properly contained within their own property, and that visitors to their homes are free from harm. As pointed out by the website of McCutchen & Sexton – The Law Firm, dog bites caused within a person’s home or property can be considered a premises liability case and could merit the victim compensation through proper legal channels.

Dealing with A Personal Injury Lawsuit

Dealing with a personal injury lawsuit can be one of the most stressful things that could happen to any one person. This is not even to mention the turmoil and grief that this places upon the sufferer’s family members as well. Healing from the personal injuries alone can demand medical procedures that can cause financial strains that would be difficult to come up from. There is also the suffered emotional and psychological trauma from having had to go through such a horrific event. The consequences of a single negligent action could have profound effects on any personal injury victim.

That is one thing that victims of a situation like this have in common – their injuries are profound and touch more than just skin deep. However, the circumstances with how they received these ghastly injuries can determined how and which way the claiming of compensation can go. Pursuing legal action is a dreadfully tedious enough of a task to do for any other reason but when recovering from an injury, having to think about the technical stuff is really the last thing on anyone’s mind.

Personal injury, after all, can be dissected into various different subsets from medical malpractice, defective pharmaceuticals, automobile accidents, child injuries, or even wrongful death, according to the website of lawyers with Crowe & Mulvey, LLP. These medical terminologies and procedures then require expert help in both the hospital and whilst in trial. Lawyers that specialize in personal injury are more known to be resourceful due to the fact that their experience with these kinds of lawsuits have exposed them to experts in the medical field as well, thereby allowing them knowledge of what is the best path for you to take while having to deal with the aftermath of an accident that has caused personal injury.

Hiring a legal team to take your case to court can save a lot of time and heartache in the long run, as well as compensation for all the medical expenses as well as some form of retribution for the trauma sustained.