Common Types of Product Liability Cases

Common Types of Product Liability Cases

Designers, manufacturers, and sellers have the legal responsibility of ensuring that the products they put on the market are safe. If a product has been defective and has triggered an accident that has caused an injury, one of these parties may be held liable. This is called product liability.

According to the website of the Dallas accident attorneys of the Benton Law Firm, product liability cases can be generally categorized into three: defectively manufactured products, defectively designed products, and failure to provide adequate warnings or instructions.

Defectively manufactured products

Any defect that has occurred because of manufacturing issues may make the product viable for a product liability case. The most common issues include the use of poor-quality materials and the practice of inferior workmanship.

These instances are some of the most neglectful types of product liabilities, especially on cases where the design and the idea of the product are good but the product still fails just because of manufacturing defects.

Defectively designed products

Even though the product is manufactured by using high-quality materials and by practicing superior workmanship, it can still be defective if its design has inherent flaws. Design flaws can be categorized as well:

  • The product has inherently dangerous features
  • The product has useless parts, especially if these parts are dangerous
  • The product does not pass safety standards
  • The risks of using the product are greater than the product’s benefits

Failure to provide adequate warnings or instructions

Some products can be dangerous, and their dangerous nature may not be as obvious to some consumers. For this reason, these products should have labels indicating their dangerous features and how they are used safely. Failure to do so may result into accidents and injuries.

These products can be designed and manufactured well, but they can still injure someone if there are no adequate labels. They become even more dangerous if they have design and manufacturing defects.

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Overcoming Anger Issues

Anger is a potentially destructive emotion, not only for those that suffer from its extended periods or experience its violent outbursts, but for others that may be attacked by someone else’s surge of rage, physically or emotionally. Uncontrolled or poorly controlled anger can reek havoc in an individual’s personal and professional life and can greatly affect one’s friendships and relationships. According to psychotherapist David Seddon, 32 percent of people in a mental health study said they had a close friend or family member with anger issues, and 20 percent of the same group had ended relationships because of a partner’s anger. These numbers indicate that a large portion of the population struggles with feelings of anger, making it an increasingly important issue.

Seddon further notes that anger is a secondary emotion, caused by something else you are feeling. Anger may happen as a response to fear, pain, stress, and a number of other things. Identifying the root of your anger will be extremely helpful in learning to control it, as dealing with anger on its own is only treating a symptom of the real problem at hand, especially if it is a recurring issue. Not dealing with the primary emotional issue, especially over time, can result in the emergence of other mental health problems. For example, your anger may be caused by too much stress in your life. Not treating the stress, according to the hypnotherapists from Orlando Hypnosis Clinic, can lead to other health problems like obesity, depression, and anxiety. If you are having recurring issues with anger, therefore, it is paramount to seek help from a counselor or professional so that the root of your anger can be effectively determined and treated and the development of more mental problems prevented.

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Types of Commercial Litigation

Businesses are involved in a wide range of transactions with other companies and with individuals. As they go about with doing their business, it is likely that these businesses can get involved in disputes. Every business aims to achieve their goals but when they get involved in disputes, their business operations can become affected. According to the website of Russo, Russo & Slania, PC, it is pertinent for these issues to be resolved quickly and effectively.

There are different types of commercial litigation that businesses can get involved in. A breach of contract happens when one or more parties are unable to meet the terms stipulated in a contract. For instance, when a supplier is unable to do their part in the delivery of goods to your company, that supplier breaches the contract that they signed with their customer. A contract is legal and binding so both parties have a duty to perform the terms of their contract.

Partner and Member Disputes

No matter how healthy is a business relationship, it is still likely to give rise to disputes. General partners in a partnership and members of a limited liability company have a “fiduciary duty” to each other. Two of these duties include good faith and fairness. When the member or partner fails in the performance of these duties, this is where conflicts will arise.

Employment Disputes

Disputes with employees may include discrimination, wrongful terminations, wage and hour disputes, and others. Sometimes businesses with job applicants may also arise when the prospective employee claims that they were rejected on the basis of discrimination. An employee may want to recover lost wages in the form of a lawsuit against their employer.

These are just some of the disputes that can result to commercial litigation. Getting involved in such kinds of lawsuits could eat up a company’s time and resources. If necessary, the company should try to resolve the dispute without going into a legal battle.

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How To Prevent Car Accidents

Car accidents can happen anytime. According to the Association For Safe International Road Travel, car accidents rank as the 9th leading cause of death and accounts for 2.2% of all deaths worldwide. In addition, nearly 1.3 million people die in road crashes and an additional 20 – 50 million injuries or deaths. According to the website of a Des Moines car accident attorney, car accidents can leave a person badly injured, requiring significant medical care, or experience a long and difficult recovery.

In addition, the website of a Houston car accident lawyer at Williams Kherkher reveals that persons involved in car accidents also face staggering costs on medical bills and repairs. As a responsible driver, you can do something to keep yourself from being part of the statistics. Here are some tips on how you can prevent car accidents:

1. Don’t drink when driving

Driving while intoxicated is one of the reasons for car accidents. Alcohol can impair judgment causing you to react slowly to road conditions. The NHTSA revealed that in 2012, drunk driving resulted to more than 10,0000 deaths. Motor vehicle accidents amounted to an estimated $37 billion per year. So as much as possible, avoid drinking when you need to drive.

2. Avoid using your phone when driving

In 2013, a NHTSA report revealed that 3,154 people were killed as a result of distracted driving. If you really need to call or send a text message, stop in a corner. In many states, distracted driving is now illegal.

3. Drive slowly

The Insurance Institute for Highway Safety (IIHS) revealed that speeding accounted for 29 percent of motor vehicle crash deaths. From that number, 32 percent occurred between 3 pm and 9 pm. So make sure you follow the speed limit especially when driving in the dark.

4. Wear seat belts

Statistics have revealed that 63% of car accident deaths were due to failure to wear seat belts. The National Highway Transportation Safety Administration revealed that lap-shoulder belt systems can reduce the risk of serious injury and fatality by 50 percent. Seat belts protect the internal organs during a crash. It also lessens head contacts and keeps passengers in place.

5. Obey traffic rules

Traffic rules are in place for your safety. When driving, always practice road courtesy. If you respect other drivers, they will also respect you. So make sure you always follow the rules. This way, you will not go into any trouble as well.

On your own, you can do your share in preventing car accidents. By being a responsible and courteous driver, you can keep yourself safe from injuries and deaths.

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Medical Malpractice Facts You Ought To Know

People who are working in the medical profession follow the strictest professional standards and for an understandable reason. Doctors, nurses, and other medical professionals are responsible for the lives of their patients. But just like any of us, they are just humans and can make mistakes. According to the website of a Sheboygan personal injury attorney, a minor medical error can have serious consequences for patients which could lead to injury or worse death.

According to the website of Crowe & Mulvey LLP, the professional responsibilities of doctors and other medical personnel are extremely important. Unfortunately, medical malpractice can happen to anyone and it can have a lasting impact on the lives of the patients and their families. Here are some facts about medical malpractice that is worth knowing:

  • The Journal of American Medical Association (JAMA) revealed that medical malpractice is the third leading cause of death in the US after heart disease and cancer.
  • The top five areas of medical malpractice claims are diagnosis, surgery, treatment, obstetrics, and medication/anesthesia
  • More than 30% of doctors pay more than $10,000 worth of medical malpractice insurance
  • According to reports by the Institute of Medicine, preventable medical errors have accounted for deaths of between 44,000 to 98,000 hospital patients in the United States per year
  • Medical malpractice can be prevented. In fact, 8 out of 10 of the problems that occurred in the healthcare system were due to human error.
  • Only 1 out of 6 doctors with over five malpractice payouts have been disciplined by state medical boards
  • 4 out of 10 physicians revealed that their monthly patient care volume can result to mistakes
  • Preventable medical errors have caused injury or death to around 200,000 to 400,000 people
  • New York, Pennsylvania, New Jersey, Massachusetts, and Connecticut registered the five highest medical malpractice payouts. On the other hand, North Dakota, Texas, Wisconsin, Mississipi, and Indiana have the lowest.
  • Healthcare spending for medical malpractice in the United States accounts for only 0.3 percent of healthcare spending. On the other hand, around $29 billion was spent for treating preventable medical errors.
  • There has been a steady decline in malpractice insurance premiums for doctors. In 2013, internists rates dropped to 1.6%, general surgeons by 1.3%, and OB-Gyn decreased by 1.7%.
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