Injury Attorney & Product Liability Law

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Do you know which living creature has survived from the age of dinosaurs? The answer is cockroaches. And now if someone asks which incident still exists then I would answer “accidents”. Accidents are happening since the existence of lives. And injuries come along with it.

There can be several reasons behind injuries, here are some common reasons:

  1. Car accident.
  2. Negligence of Duty/Breach of Duty.
  3. Faulty Products.
  4. Assault or Wrongful Acts.

But the major part of it is because of faulty products, which is a probable cause for car accidents also. So, indeed product liability is a big topic in the injury law. Here are a few things to describe the whole thing in a nutshell.

What It Is

So you bought a new electric shaver. But somehow the blades got stuck with your mustache and left a wound. So are you liable for the injury? No, it’s the product’s liability. Theoretically that means the product manufacturer or vendor will carry out the responsibilities. And the defects in the products can occur in designing, manufacturing or marketing. But sometimes some products can’t be safer unless the user uses it with caution. Like a cigarette lighter, or hair dryer.

Basic Liabilities

Here is a list of liabilities affiliated with product manufacturing or distributing. The victim should prove the following elements to get the most out of a product negligence case:

  1. The manufacturer was assigned for a duty towards the victim consumer.
  2. The manufacturer’s negligence about the owed duty.
  3. The negligence of duty is responsible for the victim’s damages.
  4. Also the negligence of that duty as a probable cause for the injury.
  5. The victim is injured by the result of the breach of duty.

Liabilities may also be determined by the type of product. E.G. for used products, weaponries products or type of consumer.

Strict Liability

There are some strict liabilities on the side of the manufacturer. These are determined by the Second Restatement of Torts, Section 402A. According to this any defects occurred during the manufacturing process is the manufactures responsibility.

This act is later improvised to state other liabilities. As an example, if a manufacture fails to provide proper warning in a product. Now if someone gets injured because of that then it will be the manufactures liability as well.

Conclusion

What do you do when you use a razor to trim your beard? You will obviously try to avoid a cut by looking at a mirror. Just like that, some precautions are very obvious and will be your sole responsibility. So before getting an injury attorney to sue someone, think whether it’s up to our consciousness, just like Lao Tzu said, “The key to growth is the introduction of higher dimensions of consciousness into our awareness.”

Stephen Zee

6 Comments
  1. Pablo

    March 2, 2014 at 5:00 am

    Your attorney will tell you what he or she wants from you if you are deposed, but there are two general things to remember. First, never guess. The purpose of a deposition is to give facts, not to speculate as to what might have happened. Even if it makes you self-conscious to say it, sometimes “I don’t know” is the right answer. Second, it is human nature to want to explain things so that your listener understands, but you should resist the impulse. It is your opponent’s job to get the answers. It is your job to answer only the question asked, not to offer additional information.

  2. Falconie

    March 3, 2014 at 9:45 am

    Depositions are sworn statements, when a person will answer questions from an attorney, and a court reporter will make a transcript of all that is said. Depositions can range in length from an hour to a week or more. Although all attorneys have their own strategies for depositions, there are basically three reasons to do them: to lock people into their stories, to see what the other side has, and to do a “practice trial,” that is, to see how a witness will appear and conduct themselves before a judge or jury.

  3. Sherry O'Neil

    March 4, 2014 at 4:12 am

    The judge decides what legal standards should apply to the defendant’s case, based on the personal injury claims at issue and the evidence presented during the trial. Often, this process takes place with input and argument from both the plaintiff and the defendant. The judge then instructs the jury on those relevant legal principles decided upon, including findings the jury will need to make in order to arrive at certain conclusions. The judge also describes key concepts, such as the “preponderance of the evidence” legal standard; defines any specific injury claims or “torts” the jury may consider (i.e. fraud and infliction of emotional distress); and discusses different types of damages (i.e. compensatory and punitive) — all based on the evidence presented at trial.

  4. Backer G.

    March 5, 2014 at 4:26 pm

    Once a jury is selected, the first “dialogue” in a personal injury trial comes in the form of two opening statements — one from the plaintiff’s attorney, and the other from an attorney representing the defendant. No witnesses testify at this stage, and no physical evidence is ordinarily utilized.

  5. Aston I.

    March 6, 2014 at 9:35 pm

    Because the plaintiff must demonstrate the defendant’s legal liability for the plaintiff’s injuries, the plaintiff’s opening statement is usually given first, and is often more detailed than that of the defendant. In some cases, the defendant may wait until the conclusion of the plaintiff’s main case before making its own opening statement.

  6. Brian W.

    March 7, 2014 at 8:55 pm

    The discovery process should never be taken lightly. Opposing counsel will do everything it can to challenge your story, poke holes in your narrative, or even discredit your character — whatever it takes to win the case. So shouldn’t you also have representation at your side when being deposed or asking for documents? Get a free claim evaluation to learn more about the merits of your case.

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