The Basics Of Product Liability
Every year, dangerous and defective products cause thousands of injuries. This is why there are Product Liability laws which are used to determine liability and compensation. If you have been injured by a product, you need to understand what product liability is and what you can do regarding this.
What Is Product Liability?
Product liability refers to the seller or manufacturer of a product being held at fault for placing a potentially dangerous product in the hands of the consumer. In most cases, responsibility will fall to the seller of the product as they are the source for the customer. All products must, by law, meet the ordinary expectation of the customer and when a product is defective, these expectations will not be met.
It is important to note that no federal product liability laws are in effect. If you want to file a product liability claim, you will need to do so based on the state product liability laws. The claim will also need to be brought under specific terms such as strict liability, breach of warranty and negligence. There are also commercial statutes which can be used in product liability claims such as the Uniform Commercial Code which contains rules about warranties.
The Responsible Parties
Historically, product liability claims would work on the relationship known as privity of contract which existed between the seller of the product and the injured party. In most states, this requirement does not exist any longer and the person who was injured does not have to be the person who bought the product. If you can prove that you would generally have used the product and would have been injured, you will be able to file a claim against the seller even when you are not the person who purchased it.
What Are Defective Products And In What Ways Do They Become Liabilities For Companies?
You often hear about products being recalled due to certain defects. If not recalled in time, those defects can cause accidents and injuries. Those accidents result in personal injury lawsuits, and huge settlements can be awarded. In the case of a product defect, multiple consumers can be involved in regards to filing civil suits. These types of situations are tragic first and foremost, and they are also huge liabilities for companies that drop the ball so to speak.
When you look at personal injury cases involving defective products, you see all kinds of examples. Any product sold on the market can have a defect of some kind, and not all of them are necessarily going to result in personal injury. What exactly is a product defect? To help you better understand the definition, let’s look at a specific personal injury lawsuit regarding a product defect.
There was a case involving a Chevy Malibu with a defective gas tank. The tank was full of gasoline at the time it was involved in an accident, and six people were inside. The original settlement was for $4.9 billion. In this case, the product defect resulted in personal injury to all six plaintiffs.
Products are designed to work or be used as intended, without defects. Consumers trust manufacturers that the products they purchase are going to be safe. A defective product is one thing, but one whose defect can result in injury is a different story. Most often, you will see information about defective products written in legalese.
Companies whose defective products do not pose safety risks are only liabilities to the companies themselves. Consumers return those products for a refund. A product defect that poses safety risks and results in bodily injury, however, falls into the category of products liability. Companies have to watch out for all types of product defects, lest they are held accountable.
Injuries are not always physical, emotional injuries can be as debilitating as physical ones. Emotional injuries can lead to mental suffering which results in issues such as depression, anxiety, panic attacks and suicidal thoughts. If you have suffered emotional injuries, you might be wondering if you are able to sue the person responsible.
Can You Sue For Emotional Injury?
It is possible to file a lawsuit for emotional injuries and these are generally emotional distress claims. However, it is important to note that the lawsuit will depend on the state that you are in. You will need to consider the state laws and the facts of the case to fully determine if you are able to file an emotional distress claim.
There are several states where an emotional distress claim is reliant on a physical injury. In these states, you will need to prove that the physical injury caused your emotional injury and that the person you want to sue is responsible for this. There are some states where you are able to file an emotional distress claim without a physical injury, but you will need to prove that the emotional injury was caused by the negligence of the other person.
In general, you will be able to file an emotional distress claim if you have witnessed the injury or death of a family member. You can also file if you are a bystander to an event which caused death or injury, but you will have to prove that you were within the danger zone. It is also possible to file a claim if the body of a deceased family member was mishandled.
Your claim may also rest on the type of person you are. Fragile class individuals such as the elderly, children and pregnant women are more likely to have success with a claim. People who are classed as unusually sensitive will generally not be entitled to claim.
Contact A Personal Injury Attorney
The Miami Injury Lawyers are experienced in all categories of personal injury law. If you have been injured, physically or emotionally, due to another person’s negligent behavior, you may be entitled to compensation. Contact our office today to schedule a free consultation.
Can You Sue For Injuries If You Have Signed A Waiver?
Liability waivers are not uncommon and you will be asked to sign them in a variety of situations. You may be asked when visiting a theme park or when completing certain activities such as skydiving. However, if you are injured and have signed a waiver, you will need to know if you can still file a lawsuit.
Can You Sue After Signing A Waiver
If you are injured after signing a waiver, you might still be able to sue. This is due to the fact that the law is expansive and will take into account various complications which could make the waiver void. However, if you want to file a lawsuit after signing a waiver, you will need to prove that the liability waiver is invalid.
The Validity Of Liability Waivers
The validity of a liability waiver will vary depending on the state you are in. Most states will have certain criteria that the waiver needs to meet in order to be legally valid. You will have to prove that the waiver does not meet these criteria before you are able to file a lawsuit. Most states call for the waiver to be clear, unambiguous, unequivocal and specific.
This means that the waiver must be written in clear language that allows the person signing it to understand the rights that they are sacrificing. If the language is not clear or could be taken to mean more than one thing, the waiver will be invalid. If the terms of the waiver are at all ambiguous, the waiver will also be invalid.
The waiver will also need to use language to specify the limited liability. The waiver will also need to reflect the terms that are being agreed to. If the waiver is not specific, it could be seen as ambiguous and invalid.
Contact an Experienced Liability Waiver Attorney
If you have been injured and signed a waiver before participating in an event, you should contact an experienced attorney. Contact The Miami Injury Attorneys today for more information.
Are You Able To Sue For Injuries Your Pet Has Sustained?
For many people, their pets are their family and any injury they sustain is a serious issue. If your pet has been injured, you might want to know if you are able to sue for compensation. It is possible to sue for injuries that your pet has sustained, but you need to know what you should do and how much you would be able to claim.
Suing For Injuries Your Pet Has Sustained
If your pet has been injured through the malicious actions or negligence of another person, you will be able to sue them for compensation. Before you do this, you will need to take your pet to the vet and have them document all their findings. If your pet was injured by their normal vet, you should take them to a different vet for this examination. You also need to request copies of the treatment record so that you have an accurate costing of your pet’s care.
It is important to note that the laws for pet injury and death will vary depending on the state and in some cases the county. Most states do not have specific laws which relate to the amount that you are able to recover in your lawsuit. This means that your compensation could vary depending on the judge that oversees your case.
How Much Can You Claim?
Pet generally mean a lot to their owners and this can make it hard to determine a compensation figure to claim for. However, the compensation that you will generally be able to claim will include the ‘market value’ of your pet or how much it would cost you to replace them with an animal of the same breed. You will also be able to claim the costs of vet care, but only if it is proven that your pet received reasonable treatment. Contact one of our experienced attorneys at The Miami Injury Lawyers today.
With millions of people residing in nursing homes around the nation, it’s essential to understand their rights and what can occur on a day-to-day basis.
Being in a nursing home isn’t always a “safe spot” and can become a source of concern due to underlying abuse. Yes, nursing home abuse is a reality faced by thousands of seniors around the world.
It’s important to recognize the issue and combat it head-on rather than letting it continue as is. Here is more on nursing home abuse and what an individual can do about it well in advance before it continues to carry on.
What Is Nursing Home Abuse?
Nursing homes residents have allocated rooms in the building and are taken care of by caregivers.
These caregivers or the nursing home itself can start abusing the residents. This can occur for a number of reasons, and the abuse may include mental trauma, physical trauma, unlawful captivity, and more.
These are illegal and criminal actions, which often go undetected.
Beating Nursing Home Abuse
Speak to a Lawyer: The most important thing a person can do is speak to legal counsel on the matter. This can help understand your rights along with prosecuting those who are on the other end of this abuse.
Please take the time to do this as soon as possible rather than letting it continue.
This can be a problem for numerous people in the same nursing home, and it’s best to take action right away.
These are the details for those who are trying to get an understanding of what nursing home abuse is all about and what a person can do as they look to move forward with their life.
Those in a nursing home do have rights, and it’s important to keep this in mind while pushing forward for a quick resolution.
The Differences Between First, Second And Third Degree Burns
Burns are painful and something that most people will want to avoid. If you do suffer from a burn, you need to know what degree the burn is. This is due to the fact that different degrees need to be treated differently.
First Degree Burns
First degree burns are the ones that people most commonly get and will only cause damage to the top layer of the skin. The skin will become red and there will be swelling. When you press on the burn they will turn white.
First degree burns will peel within a day or two. The most common causes of these burns will be hot liquids and grease coming into contact with the skin. To treat these burns you will need to run the affected area under cool water and apply a soothing cream.
Second Degree Burns
Second-degree burns are more severe and will affect more than the top layer of the skin. The outer layer of skin will generally be destroyed with the second layer of skin being damaged. Blisters will often form with this type of burn and the affected skin will be bright red.
Sunburn and chemical exposure are the most common causes of second-degree burns. Touching hot surfaces such as an oven can also cause these burns. You should run cool water over the affected area and not pop the blister that forms.
Third Degree Burns
This type of burn is the most severe and will damage all layers of the skin. This type of burn will generally cause serious scarring to the area and will destroy the top layers of the skin. Skin with third-degree burns will generally look charred or white. Many people do not feel pain with these burns as the damage can reach the nerves and shut them down.
Contact a Personal Injury Lawyer
If you have been burned in your workplace or because of another person’s negligence, you may be entitled to compensation. Contact The Miami Injury Lawyers today for a free consultation.
Are You Able To Sue For Injury If You Fall On The Sidewalk?
If you fall and injure yourself on the sidewalk, you might wonder if you can sue for the injury. Your ability to sue will depend on liability and what you are able to prove. Simply falling on the sidewalk is not enough to constitute a lawsuit.
Suing The Property Owner
If you are fallen and injured yourself on a sidewalk that needs to be looked after by the property owner, you need to prove that the property owner was negligent. The sidewalk being in a condition that allows you to fall does not automatically make the property owner negligent. To sue the property owner, you will need to prove that the sidewalk was in an unreasonably unsafe condition when you fell. You will also have to prove that the property owner was aware of this factor should have been aware of the condition of the sidewalk.
Falls On Public Sidewalks
If you have fallen and injured yourself on a public sidewalk, your ability to sue will depend on the state laws. This is due to the fact that liability is determined by these laws and the deed of the homeowner. In some states, municipalities will be liable for the upkeep of public sidewalks while in other states liability may be less clear-cut. In these states, the municipality might be liable or the property owner might be liable.
If you are injured on a public sidewalk, you need to be aware of 2 limitations on your right to sue the municipality. The first is that some states will place a limit on the amount that you are able to recover from your injuries. The second is that there could be a strict notice and time deadline for the claim. Contact one of our attorneys today to schedule a free consultation and to discuss your case.
What is Arbitration?
Arbitration is the process that is sometimes used to settle disputes, without having to wait for a court ruling. Arbitration can be performed by people or companies, or even a person and a company. It is a process that is often used when the two parties are eager to resolve the dispute amicably but are not able to simply come to an agreement through talking to a mediator.
Arbitration is a common tool used in the event of personal injury, since most injured parties do not want the stress of a full court case – but an arbitrator can help to ensure that the injured party gets fair treatment, and both parties save the cost, time and hassle of having to present their evidence in court.
When is Arbitration Used?
It is sometimes used for other civil and corporate disputes, and it can be beneficial because cases that are seen through arbitration don’t usually attract the kind of attention from the media that a full court case would. There is an incentive for the party that the claim is against to work fairly towards a settlement.
Contact an Arbitration Lawyer
If you have suffered an injury or feel that you have been unfairly treated by a company, and want to go to arbitration, then you should seek advice immediately and document everything that has happened. Be careful about engaging in discussions with the party you are claiming against until you have had advice, because they may try to get you to agree to a settlement that is lower than what you would be entitled to. Remember that you do have rights and that the legal system exists in order to protect your interests, especially in situations where your health or safety was put at risk. Use arbitration if needed, to get what you are entitled to.
The Miami Injury Lawyers are skilled in the art of arbitration and negotiation. Contact our office to schedule a free consultation.
What You Should Do After A Car Accident
Every year, there are millions of car accidents and this is why you need to know what you should do if you are involved in one. There are a number of steps that you have to take to ensure that everything goes smoothly after the accident. These steps will also ensure that you are able to claim against your insurance correctly or file a lawsuit if needed.
Stop And Protect
The first step is to stop after an accident. You should never drive away from the scene of the accident. If you are unable to stop immediately, you need to stop as soon as you possibly can.
After stopping, you need to protect the scene. You can prevent any further accidents occurring by setting up flares or hazard markers to warn oncoming traffic. If it is dark and your vehicle’s lights are not working, you should use a flashlight for safety and you need to wait in your car for the emergency services.
Call The Police
After stopping, you need to call the police and if anyone is injured an ambulance. You need to call the police even when there are no injuries to ensure that there is a police report of the accident. This can help you claim against your insurance. The vehicles which are involved in the accident should be left where they are unless they are causing problems with the traffic.
Make An Accurate Record
Once the police arrive, you need to ensure that the investigating officer is told exactly what happened. You should not speculate if you are unsure and only state the actual facts of the case. If you are asked whether you are injured and are not sure, you should state this instead of saying that you are not. Pain from accident injuries generally become apparent hours after the actual accident.
Contact a Car Accident Attorney
The Miami Injury Lawyers are we versed in Florida car accident law. Contact an experienced car accident lawyer today to see if you are entitled to compensation.