Common Defenses In A Product Liability Case

When a product is sent and sold to the market, there is always an assumption that it has been tested and hence safe for use by customers. However, while majority of the products are free from any risk, some defective products still find their way into the market. According to the website of Karlin, Fleisher & Falkenberg, LLC, when this happens, customers can sustain serious injuries or even get killed.

While customers have the right to sue the manufacturer for selling a dangerous product, the manufacturer will not just give in and give the customer a tough legal battle. The defense will map out several defensive strategies, the following are the most common defenses they will use:

1. Assumption of Risk

If the plaintiff is aware that the way they will use the product could result to injury or malfunction, the defendant could leave the lawsuit unscathed based on the defense of “assumption of risk.” In contrast to contributory or comparative negligence where the customer is not aware of the possible results of their negligence, there lies the difference with assumption of risk.

2. The Statute of Limitations Has Expired

Another common defense of the defendant has to do with the statutes of limitations. They can prove in court that the plaintiff filed the case after the expiration of the statute of limitations.

3. Misuse and Alteration

A manufacturer may be freed from liability if the use of the product was contrary to express and adequate instructions or warnings that come with the products. In addition, the manufacturer can also defend themselves from liability when the product has already been altered after leaving its hands.

4. Breach of Warranty

The defendant may not be held liable if the plaintiff was unable to provide them with proper notice or if the warranty was disclaimed. So if the plaintiff agreed with the defendant at the time of purchase that the warranty was not applicable, the defendant is acquitted of liability.

When You Survive a Car Accident

They say that victims have graves and that survivors have scars. When you survive something horrible, it is considered a gift or a blessing to be able to live after it—but it can also be quite the burden to have to carry the burden of that horrible memory for the rest of your life, especially when you did nothing to warrant the incident in the first place.

Many people know this pain as, according to the website of the lawyers with Williams Kherkher, there are over two million car accidents that happen every single year. Because of these accidents, there are then hundreds of thousands of people who are then injured when they survive. If they don’t, their surviving kin then has all the grief and mess to deal with—and for every lost life due to a car accident, there are then widowed wives or grieving parents and siblings or benefactors left in a state of destitution.

So, what happens when you survive a car accident?

A car accident, when you think about it, can be something as inconsequential as a scratched paint job or even a dented bumper when these are incidents that may be inconvenient but are overall harmless. The kind of car accident that involves personal injury, however, can be far more damaging than what first meets the eye. When personal injury comes into play, things can get a bit more than just complicated.

For example, if a person was injured or wrongfully killed due to a car accident, then legal action can be taken in order to demand for recompense for the damages done, otherwise known as the injuries. This can be a trying process as there’s more than just the basic medical expenses that need to be covered, and insurance coverage can be tricky.

What Can Qualify as Nursing Home Abuse?

The most well-known attribute about abuse is physical. Whenever most people who have never suffered abuse before then start to think about the idea of abuse, usually what comes to mind is the most obvious. They might think about bruises and cut lips. A lot of people who have never been abused before might imagine that it’s always painstakingly obvious – and that it’s easy to just walk away from when nothing could be farther from the truth.

Sometimes, abuse is quiet; sometimes, the victim is led to believe they deserve it; sometimes, neither the abuser nor the abuse know that there is abuse going on.

One such example of this is nursing home abuse. According to the website of the lawyers with Pohl and Berk, it is sometimes difficult to detect when abuse of this nature is actually happening. People often expect it to be obvious when, really, it isn’t. Simple insufficiency or incompetence of staff can constitute as nursing home abuse, believe it or not. Every home must not only be equipped with appropriate facilities but must also be staffed in enough capable professionals.

Each person admitted into a home should be given specialized, individual care. It’s the same basic principle of a usual hospital: you wouldn’t give the medication of a diabetic person to someone with meningitis or something of the like. Every individual admitted for care needs to be treated individually and specifically, which is why it is so important that a nursing home abides by the expected standard of care at all times.

If you or someone you know has a relative that you suspect is being abused at a nursing home, it is then the most appropriate course of action to contact professional, experienced help immediately in order to investigate your suspicions or initial investigations. Just remember that abuse isn’t always loud – sometimes it is quiet and needs to be paid attention to before it is then noticeable.

Saving Your Loved One from Nursing Home Abuse

There are about 16,000 nursing homes all across the US, all of which promising to offer quality care and a homely shelter to more than a million elders, accident victims who require therapy and rehabilitation, and mentally incapacitated young adults. Family members take their loved one to a nursing home facility where they believe the latter will receive the best amount of attention and care which they can no longer provide due to work and other demands of daily living. But, rather than being rest assured that their loved one is finally in an environment where they will be cared for, they become bothered with worry over the real situation in nursing homes due to the widespread news of neglect and abuses being committed against residents.

According to the website of the LaMarca Law Group, P.C., nursing home abuse can take many forms: there is physical abuse; financial abuse; sexual abuse (which is considered the most cruel and most humiliating); and, emotional abuse. Emotional abuse, specifically, against elders and other residents can be done through many different ways, such as scorn or ridicule, humiliation, being isolated from others, threats, behavior meant to scare, frequent disregard of resident’s needs, constant yelling and blaming, even in simplest mistakes.

Resident abuse and neglect are usually committed in facilities where there is not enough number of staff, nurse aids, and registered nurses. Due to the number of residents and their demanding needs nursing home employees are always overworked, tired and fatigued. These, coupled with the lack of training in some facilities, abuses and neglect are the most logical results.

According to the website of the Wisconsin nursing home abuse lawyers at Hotze Runkle, abuses, not always immediately obvious. If the abused residents do not talk about it or make their complaints obvious, then these abuses can go on unnoticed for a long time. Being observant of any sudden changes in residents’ behavior, however, may just reveal that something wrong is going on. Abused residents usually:

  • Suddenly begin to display low self-confidence
  • Avoid having eye contact with their visiting kin and other residents
  • Suddenly become more silent, avoiding to talk about details
  • Start feeling afraid and disturbed
  • Become withdrawn and depressed
  • Begin to show mood swings

If you are able to sense any sign of abuse committed against your loved one living in a nursing home facility, rather than force him or her to talk and open up, which may be very unlikely anyway, the better thing to do can be to seek legal assistance from a skilled lawyer who may be able to help you find out the veracity of your hunch and so save your loved one from further harm.

Workplace Injuries

Although accidents resulting to injuries or death may occur in any type of working environment, these remain most common in construction sites due to the presence of many different dangerously sharp and heavy tools, hazardous substances, and machinery which, if not correctly operated or maintained, can cause terrible accidents.

In 1971 the Occupational Safety and Health Administration (OSHA) was established for the main purpose of enforcing the mandates of the Occupational Safety and Health Act (also called OSH Act) of 1970. The core of these mandates rests in making sure that all types of working environments are safe and healthy to make sure that workers and employees and always safe from accidents and any type of substances that can cause them harm.

In ensuring safety, specifically, in construction sites, OSHA enforces the following:

  • Make sure all stairways and ladders are safe
  • Wearing of proper gears that will provide protections against falls, falling objects, slip and fall, and other types of possible accidents
  • Make sure that all working areas and passage ways are appropriately lighted
  • Installation of ground fault-circuit interrupters (GFCIs)
  • Make sure that there are wash areas within 25 feet from battery-changing places
  • Putting-up of clearly readable and visible accident-prevention signs and tags (these will also need to be removed when danger is no longer present)
  • Availability of fire extinguishers with, at least, a 2A-rating every 3000 square feet

Despite these safety standards and firms’ own mandates on the observance and implementation of safety measures, still there are some workers who become neglectful in their duties – carelessness that often results to accidents.

Now, workers should know that, besides their right to a safe and healthy environment, they also have the legal right to seek compensation from the employer-sponsored Workers’ Compensation Insurance program in the event of work-related accidents or illnesses. Workers’ Comp was designed to cover cost of medical treatment and wages lost, among other things.

As explained on the website of the LaMarca Law Group, P.C., the Workers’ Compensation Act states that anyone who would sustain work-related injuries could be entitled to receive financial benefits; and by “anyone,” this means any employee in any type of working environment.

The website of Hach & Rose, LLP, says that workers have a right to compensation for job-related injuries or illnesses which are due to the failure of employers to comply with the OSHA mandates. To make sure that application for the financial benefit is accomplished correctly, as well as for the greater chance that the application will not be denied, seeking help from an experienced Workers’ Comp lawyer may be a necessity.

Copywriting: Choosing Between Freelancers and Copywriting Service Firms

For your online business to be noticed, it depends on how you advertise and market your products or services, how attractive and catchy your website is, and, according to the website of Kinetic Word, how persuasive your ads’ words are. But what really matters, of course, is the relevance of your service to your prospected clients’ needs and just how efficient and accurate this service is.

One type of online service that continues to rake in profits, both for individuals and firms, is copywriting: the process of writing advertising materials that would make the reader take action. Copywriting texts are found on billboards, catalogs, brochures, advertisements, emails, websites, and so forth.

Copywriters, especially those who are professionally skilled, continue to be in high demand and, despite the influx of applicants, this huge and still expanding industry has plenty of rooms to offer. For online business owners and entrepreneurs who are looking forward to promoting their business or website through persuasive copywriting advertisement, there are a couple of options for the job: a freelance writer or a copywriting service firm.

Indeed, there are really skilled freelance copywriters who understand the importance of complying with clients’ requirements and who are able to deliver quality content in the workload assigned to them. However, business owners and entrepreneurs should understand that, in order to be a freelance writer, the requirements are basically zero, besides the need of having your own computer and an Internet connection, it no longer matters if you’re a stay-at-home mom, someone who just turned 18, a high-school dropout, a college degree holder, a retired employee or a someone who decided to quit a good-paying job.

And then there are experienced and reputed copywriting service firms, from which clients can demand accountability and reliability, which are for their total benefit. Since copywriting service firms have a name to protect, these make sure, therefore, that their pool of copywriters are talented, experienced, reliable and responsible.

For content writing firms to be able to serve clients well, having a pool of experienced in-house writers is definitely advantageous both for the firm and the client. While reliability and responsibility can be demanded in every writing job, these professionally-accomplished types of job may also be able to help the client in increasing their sales and boosting online conversion rates, drive most traffic to their site through the effective use of keywords, and so forth.

Birth Injuries: The Cruel Results of Medical Negligence

Modern medicine provides doctors and mothers options that will make giving birth faster and less painful. In every procedure, however, are tradeoffs which present dangers, about which, it has been discovered, many mothers are never told about.

These dangers often result to birth injuries which, according to the U.S. Department of Health & Human Services’ Agency for Healthcare Research and Quality (AHRQ), number to 28,000 annually; those that result to children’s death, however, reach almost 9,000, as stated on the website of the Law Offices of Mark T. Lassiter. The sad reality is, these dangers are nothing more than consequences of acts of negligence, which means that these are totally preventable had proper care been observed.

Some common examples of acts of negligence are hospital practices that lead to medical errors, a doctor’s too much dependence on modern medical devices, a doctor failing to dedicate the time to prepare for proper birth and a doctor dangerously performing a rush delivery.

Based on a 2006 study that was reported to the National Vital Statistics Reports for the Center for Disease Control, some of the birth injuries that are cited most include:

  • Brachial Plexus Injury (BPI): Refers to damage to the bundle of nerves that run from the upper spine to the hand. This injury can cause temporary or permanent disability.
  • Bone Fracture: A result of a difficult or complicated delivery which affects the collar bone or clavicle the most. This injury usually heals on its own.
  • Cephalohematoma: This happens when the blood between the skull and the skin’s inner layers pools unnecessarily.
  • Caput Succedaneum: Due to too much pressure during delivery, swelling of the scalp is its usual result. This injury, though, is not life-threatening and usually heals on its own.
  • Cerebral Palsy: Damage to the brain before or at birth which causes impaired muscle coordination. There is no known cure for this type of birth injury.

According to the website of the Law Offices of Williams Kherkher, thousands of medical malpractice lawsuits have been filed in the past, all citing negligence as the cause of errors that resulted in birth injuries. The parents of the injured child have a right to seek justice through legal actions, to make all those who committed the errors or malpractice answer for their negligence. Seeking help from seasoned child injury lawyers may entitle parents to the compensation needed in providing the necessary medical treatment that their injured child needs.

Methamphetamine: A Highly-Addictive Drug

A drug-related crime is one of the very serious offenses that a person can commit. Though the severity of the penalties awaiting those convicted may differ among states, two things are sure to be the same: costly fines and a lengthy jail term. However, according to the website of the Law Offices of Richard A. Portale, P.C., the real destructive effects of a criminal conviction sometimes do not end in the prison cell; these will rather continue to hound charged and convicted individuals even after they have already served their sentence and will go on affecting their professional and private lives, and will even entail a host of other negative effects, like denied or limited international travels, lost child custody, and difficulty finding employment or even a place to stay.

Besides crimes that can be directly associated with drugs, like trafficking, possession, manufacture, distribution/selling and use of banned substances, which include marijuana, heroin, opium, cocaine, and methamphetamine, there are also offenses committed by some users, these being the effect of the drug in their behavior.

Whichever type of illegal substance is involved, the crime is definitely serious, especially if there is a large quantity of drugs involved. Due to this, those who get charged with a drug crime are definitely in need of the best defense which can come only from a seasoned criminal defense lawyer who can also guarantee commitment to a client’s cause.

One particular drug, methamphetamine (also known under the names meth, ice, chalk and crystal), is a powerful central nervous system (CNS) stimulant drug. Any Cape Cod drug crimes attorney will be aware that it’s classified as a Schedule II drug under the US Drug Enforcement Administration’s Controlled Substance Act (CSA) due to its high potential for abuse.

Many consider and actually use methamphetamine as a recreational drug due to the pleasurable intoxicating or “high” effect it causes, and the positive emotions and feelings it creates, in the user. For medicinal use, it carries the name Desoxyn and had been approved by the US Food and Drug Administration (FDA) to treat attention deficit hyperactivity disorder (ADHD) and exogenous obesity (obesity caused by factors that are outside the patient’s control).

Regardless of use, methamphetamine remains to be a dangerous substance due to its highly addictive qualities and ill effects in the user. There may be instances, however, wherein people who need the drug for medicinal reasons or who might need it to overcome social anxiety, increase energy, bolster self-esteem, or just satisfy their curiosity regarding its effect, are chanced upon by authorities, ending up getting charged with a crime which they believe they do not deserve.

A methamphetamine-related charge can be quite serious, thus, people charged with the crime should seek legal assistance from an experienced lawyer, who may be able to protect them through a well-planned defense which may either reduce or dismiss altogether the charges brought against them.

Fight to Keep Your Property from Being Foreclosed

Around 4.2 million homeowners in the US lost their homes between 2007 and 2014 due to foreclosure. According to the US Department of Housing and Urban Development, foreclosure is a legal process wherein a creditor or mortgage lender, usually a bank, puts up for sale a loan collateral (a house) in order to recover unpaid mortgages from a borrower. According to the website of Ryan J. Ruehle Attorney at Law, LLC, the process that leads to foreclosure usually starts after three successive months of delinquency in mortgage payment.

Foreclosure has two major types: judicial and non-judicial. In a judicial foreclosure, the mortgagee or creditor is required to file a case in court to start the foreclosure procedure on your property. The several months that it takes for this procedure to be completed, though, somehow works in your favor as this will actually give you the chance to raise a legal defense that may save your property. There are a number of foreclosure defenses that have been resorted to in the past which have helped homeowners save their property. A seasoned foreclosure defense attorney may be able to help you learn which among the following arguments will best work in your case:

Servicemember on active duty.

If your creditor filed a case in court to start foreclosure on your property, you are allowed to write the court to request for a postponement of the foreclosure proceeding. Protection against mortgage foreclosure is just one of the many types of protection provided by the Servicemembers Civil Relief Act (SCRA), formerly called the Soldiers’ and Sailors’ Civil Relief Act (SSCRA),
for members of the military entering active duty.

Unconscionable (unacceptable) mortgage term.

This happens when a creditor/lender takes advantage of, misguides and deceives a borrower by designing a mortgage loan contract that is actually intended to make mortgage payment impossible, giving it the opportunity to seize and foreclose upon your property.

State procedures were not observed by foreclosing party:

In a foreclosure procedure there are steps that the foreclosing party needs to observe, such as serving the loaner a notice of default and giving the borrower 30 days to make a payment after the notice of default has been issued. Failure to observe any of the steps required in the foreclosure procedure gives the loaned the legal right to defending against such foreclosure.

Foreclosing party cannot prove ownership of mortgage:

There are times when the foreclosing party is not able to present ownership of mortgage. This is a common case wherein a mortgage contract has been purchased by different companies, so that ownership of the contract has passed from one owner to another.

Mistakes committed by the Mortgage Servicer:

There have been times when a case (that will start foreclosure proceedings) was filed in court by a lender, only to find out that the bases for the foreclosure were actually mistakes committed by the mortgage servicer. These mistakes include:

  • The error of crediting mortgage payment under another loaner’s name
  • Imposing very high fees or collecting fees not approved by you or by the creditor
  • Declaring a mortgage amount that is much higher than what you really are supposed to pay

Though the possibility of losing your property may be imminent every homeowner has a right to foreclosure defense.