If you are above the age of eighteen and have a pulse, chances are you have purchased a product in your life. There is also a good chance that one of the thousands of things you’ve bought has been defective and not worked. That is why product liability exists. In this day and age consumers are at a distinct disadvantage in the economy. The days of locally made, handcrafted, products have long since passed. Today products are mass produced on assembly lines and sold in bulk far from where they are produced. The consumer has no real choice other than to purchase the product as is. They do not have a real chance to inspect products and determine their working order. Product liability law protects both consumers’ wallets and bodies from the unseen hazards and of defective products. The parties that may be liable for defective products include the manufacturer of component parts, an assembling manufacturer, the wholesaler, and the retail store owner. If you purchase a defective product, generally you will just throw it away or return it to the store. However, in some cases where the product is expensive, it cannot be returned or has harmed the consumer a lawsuit is necessary.
Theories of Product Liability
There are four general theories of product liability: Breach of warranty, negligence, strict tort liability, and intentional misrepresentation or fraud. There are two types of warranty, implied and express. Breach of an express warranty is a breach of a warranty that is actually stated. The warranty can be expressed in the packaging or labeling of the product; on the instructions enclosed with the product; on the marketing material for the product and on the advertising for the product. When a product’s defect violates information contained in the warranty, the consumer may be able to pursue a defective product claim. An implied warranty is one that the law applies to the product. It does not have to be stated by the manufacturer or retailer. Implied warranty can be categorized in one of two ways: implied warranty of merchantability, which guarantees the product is suitable for the purpose that it is sold and is reasonably safe; or implied warranty of fitness for a particular purpose, which deals with the specific function of a product and the buyer’s reliance on the seller’s expertise in offering or suggesting the specific product to fulfill that purpose.
Negligence is the second theory of product liability. If the party responsible for the defect failed to exercise reasonable care, which resulted in the defect that caused the harm that party is liable for the harm caused by the defective product. The plaintiff must be able to demonstrate that there was a duty of care on the part of the negligent party and that they failed to meet that duty. Generally, a manufacturer is required to produce goods free from defective and unreasonably dangerous conditions.
If a product is considered to be strictly liable that means that the manufacturer is liable for any defect with the product. Generally, strict liability is applied to products when public policy demands it. It is rare and usually only applied to products that are per se dangerous.
If the manufacturer or retailer is aware of a defect but either outright denies that the product is defective or merely fails to mention the defect to the consumer, he may be guilty of misrepresentation or fraud.
Everyone in this country is a consumer. Product liability law functions to protect the consumers from defective products. In a world where the consumer is at a distinct disadvantage in the marketplace these protections are necessary to protect them from dangerous and defective products. I have never experienced harm at the hands of a defective product. However, I, like everyone else, am constantly purchasing complex products to perform mundane, everyday, tasks. As products grow more complex, their are more chances for mistakes in manufacturing to be made. Hopefully these mistakes are minor and only result in a defective product that can be returned to the store. However, more and more harmful accidents are happening. It is important that product liability attorney’s take up these cases and that the injured parties push for the compensation they are entitled to. For more information on where to find a product liability attorney the SEO firm of VisibilityMAX suggests doing a detailed search on Google for an experienced litigation lawyer because you will find the top rated attorneys in this field listed in their rankings.
There is the common belief within the legal realm that whenever an individual has an issue that must be assisted by a personal injury attorney that the specific Vail injury attorneys that are hired for the job are going to be one of the most important decisions made during that process. This means that the research that would need to be done in such circumstances would need to be fast and immediate, which is likely not easily done if someone doesn't otherwise have any real information and knowledge of the legal profession or the type of law that is practiced by personal injury lawyers.
In decades past it was common for vehicle owners to keep their cars and trucks for just a few years before they would trade them in for a newer version. Since vehicles weren\'t that trustworthy as far as their mechanical reliability was concerned, it simply made sense to go and get a new car every few years. But in recent years many people have started to keep their vehicles a lot longer and this has meant that McAllen Texas Used Cars have gone up in value due to issues of scarcity. Since people are keeping their cars longer, fewer used cars have ended up on the market.
One incorrect assumption about today's vehicles and trucks is that a person doesn't really have to do anything to the vehicle because it's so advanced, but it's still important for anyone who has a vehicle from Grande Truck Center to make sure that they are engaging in regular maintenance of that vehicle because the internal workings of the truck could degrade without simple maintenance done. And the maintenance required usually isn't too complex either and might be nothing more than some tire rotations and a few oil changes along with a few refilling of fluid.
“You Stink”, my neighbors little kid yelled at me yesterday. “Defamation! Slander!”, I thought. I was going to sue his parents for every penny they were worth. Wrong. Defamation, and more specifically libel and slander, is a complicated legal harm. Defamation refers to false statements about a person, which are communicated as facts, to one or more other persons by an individual or entity. The statements must cause harm to the person or entity’s reputation or standing in the community. Defamation is categorized as either libel or slander. Libel is defined as defamation by words or pictures that are printed or expressed in any way other than spoken or gestured. Slander is defined as a defamatory statement that is spoken or gestured. The general harm caused by defamation is identified as being ridiculed, shamed, hated, scorned, belittled or held in contempt by others and lowers the esteem of the defamed person. Damages in a defamation case are generally limited to compensate loss of employment or wages although in special circumstances punitive damages may be necessary. There are also statutes of limitation on defamation cases that vary from jurisdiction to jurisdiction. Defamation suits are very difficult to win because most jurisdictions require that the statements were knowingly false and made with malice. It is important to think long and hard before filing a defamation suit.
Per Se Defamation
Most jurisdictions recognize “per se” defamation. Per se defamation is where the allegations are presumed to cause damage to the plaintiff. Typically, the following may constitute per se defamation: Attacks on a person’s professional character or standing, allegations that an unmarried person is unchaste, allegations that a person is infected with a sexually transmitted disease, and allegations that the person has committed a crime of moral turpitude.
Think Before You File
“Why not file a defamation suit?”, you might be thinking. Well, besides being difficult to win, defamation suits can bring more publicity to the false statements than they would have otherwise garnered. For example, had I decided to sue my neighbor’s kid (ignore the litany of other reasons this would be ridiculous), the news may have picked up the story of an adult suing a child. Suddenly, the entire city would hear the rumor that I stink. I would merely be attracting more attention to a rumor that was originally known only to a handful of people. The media is also far more likely to cover the initial lawsuit than they are the conclusion. In this case, the rumor has been spread to a large amount of people and they may never hear that it was proved false. Defamation suits often do not carry large amounts of compensation. For this reason it can be hard to find an attorney to take the case on a contingency basis. Couple that with the fact that defamation suits are very difficult to win, even when the statements are patently false, and you could end up shelling out a lot of money in attorney’s fees and not even win the case. For all of these reason you should think long and hard before taking someone to court for defamation.
Defenses to Defamation
If someone has filed a defamation suit against you what are your options? The most basic defense it to prove that whatever you said was the truth. The truth is an absolute defense to defamation. Privilege is another defense available to someone charged with defamation. Statements made by witnesses, lawyers or judges in court, as well as legislators on the floor are generally privileged no matter how absurd or false they may be. Opinions are also considered to be exempt from defamation laws. Whether someone is stating a fact or opinion is often a matter of fact for a trial. Minor errors in reporting are considered to be exempt from defamation lawsuits.
I decided not to bring a law suit against my neighbor’s kid for telling me I stink. Although the statement was false (I smell wonderful), it wasn’t really that defamatory. Even if I were able to win the case, its unlikely I would win any monetary damages. However, if you have been seriously publicly defamed there are laws to protect you. Even if you do not really want to take the person or entity to court, threatening a lawsuit may be a good way to force them to retract the statement or offer an apology. Libel and slander are very difficult to prove and the monetary damages are generally very low. It may difficult to find an attorney and losing the case may prove to be extremely expensive between court and attorney’s fees. It is important to think very carefully before you decide to file a defamation suit.
Is little Fido a biter? If so you better watch out. Owners of snappy pets can be held liable when their pooches jaws end up where they aren’t supposed to be. Most states impose strict liability laws for animal bites. That means that if you own the animal responsible for biting the victim, you are liable even if you weren’t negligent. A minority of jurisdictions require that the owner know that the animal is vicious, but those jurisdictions are few and far between. Generally, the only defense available to the owner of an animal that bites someone is to prove that the animal was provoked into biting the victim. The damages that are typically available to the victims of animal bites are medical expenses, lost wages, pain and suffering, and property damages. In certain circumstances the victim may be able to collect punitive damages, but to do so they must show that the owner was more than merely negligent and was actually reckless or intentionally incited the injury. So to all the pet owners out there, be sure to train your pet, keep it on a leash and be careful not let it snap at anyone. Because if it does they might be back to take a bite out of your wallet.
What You Can Do To Minimize The Losses
At the scene of the attack you need to stay calm. Refrain from arguing with or blaming the victim because they are the people who are going to decide whether or not to sue you. If you are kind, caring, and understanding the victim may decide to simply look the other way and not pursue legal action. Be sure the victim gets medical attention. Be considerate and offer to take them to the hospital or a doctor. Offer to pay all of the victim’s medical bills. Obtain the names and numbers of all the witnesses and try not to make any statements, as these may have legal consequences.
In the days and weeks following the attack keep in touch with the victim if possible and continue showing genuine remorse for what happened. Victims often love dogs and may decide to drop the whole thing if you are nice and they are not badly injured. Offering to pay the victims medical bills will often favorably impress them and encourage them to drop the issue. However, do not expect your insurance company to foot the bill. It is unlikely that you will be subject to any criminal charges unless the attack was particularly vicious or your pet has attacked someone before. Report the incident to your insurance company.
Tell the truth about your pet and what happened. One of the biggest problems with animal attacks is not the attack itself but untruthful statements made by the pet’s owner after the attack has happened. Owners are often not truthful about the events surrounding the attack or their pet’s history of biting. Eventually the truth will come out and it can only hurt you if you are not upfront about it at the beginning. Bear in mind that you should not make statements until you are sure there will be no criminal charges. Generally, it is a good idea to contact an attorney who specializes in animal bites.
If you receive a letter from an attorney representing the victim, answer it. Otherwise the next thing you will receive is a knock on your from the sheriff delivering a subpoena. Be courteous to the lawyer and his or her staff and answer any questions they ask you regarding your insurance. DO NOT answer questions regarding the incident or your pet. If you receive a subpoena, turn it over to your insurance company so they can retain and attorney to represent you or find and retain an attorney specializing in animal attacks. If you hire a competent attorney he should be able to get you off the hook or settle the case and save you as much money as possible. Just don’t expect his legal help to be cheap.
If you pet takes a bite out of something other than his kibbles and bits you may find yourself in some legal hot water. I am lucky enough to have a little dog that would never think about taking a bite out of anything. However, if she ever did decide to snap at someone the best thing I could do is be nice and hope that the other person is a dog lover. If they are a dog lover they may just decide to forget the whole incident. If I were to get sued the best thing I could do is hire an attorney who specializes in animal attacks. I do not know any personally, but a simple Google search should be able to turn some up. Owning a pet is a serious responsibility. It is your job to train it and make sure it is not violent. If you are not prepared to take care of pet then maybe you shouldn’t own one.
In today’s world where we work and live around powerful dangerous machinery there is a heightened possibility that we may suffer from a catastrophic injury. A catastrophic injury is an injury who consequences could potentially permanently prevent an individual from performing any gainful work. Catastrophic injuries often occur suddenly and without warning, leaving a person suffering with a permanent disability for the rest of his or her life. Because of their unpredictability, people are rarely prepared for these types of injuries. The medical costs and loss of the ability to work associated with these injuries can be ruinous. These injuries place an immense amount of stress on the sufferer and his or her family. People unfortunate enough to suffer from a catastrophic injury may require constant supervision or assistance, and a lifetime of rehabilitation and medical bills. Personal injury lawyers provide an important service to sufferers of these terrible injuries. They can provide some sort compensation to help the unfortunate victims of these injuries and their families economically recover.
Catastrophic injuries usually involve serious injury to the brain or central nervous system, or severe physical injuries such as accidental amputation or serious burns. These injuries may destroy the lives of their victims. Because of the seriousness of these injuries, the litigation resulting from them lead to substantial compensation and long, drawn out trials. Its is important to determine the value awards sought in relation to these cases. Plaintiffs may ask for lost wages from their inability to work, spouses may sue for loss of consortium, and the punitive damages for the injury itself may be astronomic. However, massive, unnecessary, jury awards are rare. The extremely large awards frequently make the news and are portrayed as the norm. This has led state legislature to impose caps on the monetary amount an individual may be awarded as the result of a trial. These caps are generally very low resulting in victims of catastrophic injuries to be vastly under-compensated.
When seeking an attorney to represent you in a catastrophic injury case it is important to seek a lawyer who specializes in the type of injury you have suffered. The vast array of catastrophic injuries that may afflict someone has led to lawyers specializing in the type of injury victims they represent. For example, an attorney may only represent clients suffering from brain injuries, while another may only represent burn victims. It is important to hire an attorney who understands the nuances of your specific injury. Be sure to do your research and understand what injuries the law firms you are considering specialize in. The law varies depending on the injuries suffered. It is important that your attorney knows the specific law regarding your injury so that he or she can properly represent you. Be sure that the attorney you are considering is ready to put in the long hours and be willing to stick with the case through its completion. These cases can drag out for a long time due to the issues presented and the large amounts of compensation asked for. There is nothing wrong with interviewing the attorneys you are considering to ensure you hire the one who will best represent you interests throughout the litigation process.
It is sad that anyone should suffer a debilitating, lifelong injury but they do happen. If you, or someone you know, is the unfortunate victim of a catastrophic injury be sure to contact an attorney that has experience in this area of the law. Even if you do not have a legal claim to compensation, lawyers may be able to help you get government assistance and aid to help you through the devastating financial problems that often accompany these injuries. If you do have a legal claim to compensation be sure to investigate the attorneys you are considering.
Make sure you hire one that specializes in the type of injury you are suffering from. With states being pressured by insurance companies to cap the amount awarded to victims of catastrophic injuries, many victims are underfunded. However, do not let that dissuade you from trying to capture every penny you are entitled to. Money does not cure the harm caused by a catastrophic injury. However, it does provides some respite to the financial harm that goes hand in hand with the physical harm caused by devastating injuries.
Entertaining the thought of a legal solution for a problem at work isn't always the easiest thing to do as some individuals who have become injured on the job and who require the assistance of New Jersey workers compensation attorneys might not otherwise be the most litigious sort of individual. To ensure that the legalities of such a suit are warranted and that an individual will have a successful opportunity to find compensation, the least someone can do is take an initial meeting with a lawyer to determine the pros and cons of taking a case to the courts.
One of the best ways to ensure that the equipment in use in a laboratory setting is going to be serving its purpose in the best way possible is to make sure that there is a specific schedule for upgrading and maintaining the devices that are purchased New York Microscope Co.. There aren't very many companies that can handle frequent replacement of those devices and so taking care of them longer will invariably mean that eventually, better purchases on advanced equipment can be made that might end up being bigger upgrades than what might have been possible with less efficient spending.
A microscope is a very precise tool for business and education and no matter the type of use that a person might have for a microscope, it's actually something that needs to be calibrated each time it's used by someone new. Most microscopes do have a variety of different elements which can be modified to suit the actual eyes of the person who is looking into the microscope and for this reason, it's important to make sure that these parts are changed to best suit the person looking through the device and will offer the best results.
Personal injury lawyers get a bad rap in the legal world. They make goofy commercials and everyone has heard the derogatory term “ambulance chaser” used to describe personal injury lawyers pursuing ambulances to the hospital trying to find a client. They often do not get the credit they deserve as being necessary, intelligent, lawyers. Personal injury, or tort, lawyers protect the average person from negligence and wrongdoing. Without personal injury lawyers, there would be no one to protect your rights if you are injured by someone’s negligent acts. Personal injury law is a complex area of practice that varies from jurisdiction to jurisdiction and is constantly in flux. It overlaps many other areas of law including litigation and health law. Although personal injury lawyers get a bad rap as being lawsuit happy ambulance chasers, they perform legitimate and necessary legal services for clients who have suffered harm because of someone’s lack of care.
Liability is the key factor in personal injury law. Liability can be determined by showing the harm was caused as a result of a negligent or reckless act, or the failure to perform a required duty or necessary act. It also must be shown that the consequence of the act was a foreseeable increase in a chance of harm to the injured party. Unless the crime is a strict liability crime, which means the offending party is guilty if they commit the act no matter if they were negligent or not, negligence and recklessness are required to prove liability. There are various defenses a party can raise in a personal injury case. They may argue there were intervening causes, which break the causation requirement and destroys liability. Defenses are fact specific and will vary depending on the particular facts of a case.
When one thinks of personal injury lawyers they generally think of lawsuits and exciting courtroom drama. However, that is pretty far from the truth. The overwhelming majority of cases never make it to trial. The common response to a personal injury complaint is to try to dismiss it for a variety of reasons. If the court decides that the case has merit and allows it to proceed, many parties decide to settle out of court. Out of court settlements expedite the process, bypassing the expensive and lengthy trial phase. Settlements are usually less than the injured party would receive if they took the case to trial and won but by settling, they guarantee themselves some compensation. Trials are complicated and hard to predict. Many attorneys advise their clients to not go through the length trial process and risk losing.
Tort law is one of the most complex areas of law. The misunderstanding that personal injury lawyers are “ambulance chasers”, out to make a quick buck on the personal misfortune of their clients, is bunk. Personal injury attorneys provide those injured by others negligence or fault with a remedy. In a society that continues to grow more complex, accidents are going to increase in frequency. Innocent people should not be responsible for harms caused by the negligence of another. Personal injury lawyers exist to step in and sort through the complex mess of tort law to provide a remedy to those injured parties who need it.
There has been much debate lately regarding the necessity of personal injury lawyers. There is a belief that personal injury lawyers are to blame for the massive increase in frivolous lawsuits and litigation that has clogged up the legal system. However, what many people don’t realize is that these lawyers are necessary to protect the average citizen in case of injury at the hands of another. A world without personal injury lawyers would be a world where every person would be responsible for the harm that has befallen them, regardless of fault. If losses were simply able to rest where they fell there would be no incentive for people to act in responsible, non-negligent ways. Personal injury has grown to encompass a large part of the legal system. As society has grown more complicated and complex the likelihood of injury has grown. Individuals cannot, and should not, be held responsible for every harm which befalls them. Personal injury lawyers exist to sift through the mess resulting from these injuries, ensuring that people entitled to compensation receive it.