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 Resmini Law, 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.

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