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Brennan & Kavouklis, P.A. Newsletter Archive |
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SUMMER 2004 ISSUE
WHAT IS PRODUCTS LIABILITY?
Brennan & Kavouklis, P.A. Injury
Law Alert Newsletter
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Hardly
a day seems to pass without the introduction of some new product
designed to make life easier or more convenient. However, as
we well know, products do not always live up to such promises.
In addition to ease and convenience, some products endanger the
people who use them. A lawsuit based on the claim that a product
is dangerous or defective is known as a “products liability”
case.
Companies
that manufacture or sell products generally have a legal duty
to make sure that the products they make or sell are free from
defects that present an unreasonable risk of harm to consumers.
If a certain product turns out to be dangerous or defective,
an injured consumer may have a products liability claim. There
are as many different kinds of products liability claims as there
are different kinds of products: The sale of contaminated food,
the manufacture of improperly wired electronics, and the marketing
of disintegrating tires can all support a products liability
claim.
In
order to win a products liability lawsuit, an injured consumer
must prove that the product was defective. In general, there
are three types of product defects:
1. A manufacturing
defect occurs when a product is well designed but poorly made,
such as the new TV that catches fire when plugged in because
the wires were installed improperly;
2. A design defect occurs when a product is well made
but poorly designed, such as an SUV whose tires are too close
together, causing it to tip over on sharp turns;
3. A marketing defect can include such things as improper
instructions or the lack of a warning label telling the consumer
how to use the product safely.
Just
because a product is involved with an injury does not mean that
the product is unsafe. For example, auto accidents often result
in injuries or death, but not every injury suffered in a car
accident is due to a defective product. A products liability
claim would arise only if the car was dangerous, such as a car
whose gas tank explodes when it is rear ended.
Products
liability is a complex area of law. In addition to these general
rules, a number of specific laws affects who is liable to consumers
and what kinds of products are covered. Your case may also be
affected by state laws or by various federal laws. Contact us
to help you negotiate this legal maze and get you the recovery
you deserve.
IF YOU
ARE INJURED BY A DEFECTIVE PRODUCT...
Contact our firm immediately.
SAVE THE DEFECTIVE PRODUCT! Also, do not alter or tamper with
the product because this could make it difficult to prove your
case.
Save everything related to the defective product, including the
sales receipt, instructions, warnings, and accessories.
Photograph or videotape the product at the scene of the injury
or as soon after as possible.
Photograph or videotape your injuries as soon as possible.
Products
liability cases are complex. In some cases, the dispute involves
more than one victim bringing a claim against a manufacturer.
Manufacturers often try to blame you or some other party to avoid
liability. Our firm will help you negotiate the legal pitfalls.
HAZARDOUS
HOUSEHOLD CHEMICALS
Although
most of us would think twice before moving in downwind from a
chemical plant, many do not think twice about dangerous chemicals
willingly brought into our homes. Almost any household chemical
can be dangerous if swallowed or spilled. Potentially dangerous
chemicals include such common items as ammonia, bleach, drain
cleaner, furniture polish, oven cleaner, paint, turpentine, and
common garden pesticides.
Household
chemicals are usually safe if used properly, but they can cause
injury or even death if care is not taken when using them. Keep
these tips in mind:
NEVER sniff or taste household chemicals. Keep them away from
your skin and your eyes.
Insure that all household chemicals are kept away from children
and pets, preferably in a locked cabinet.
Do not store household chemicals in a non approved container.
Chemicals can react with the materials of a new container in
unpredictable ways.
Use household chemicals in a well ventilated area to prevent
a build up of fumes.
Periodically dispose of bottles of household chemicals that you
do not use anymore or which are almost empty. Make sure to do
so in an environmentally safe manner.
If
you or anyone in your house is exposed to a household chemical,
flush the affected area with water and get the victim to a hospital.
If the chemicals are swallowed, read the label to determine whether
to induce vomiting, then call poison control and get the victim
to a hospital immediately.
If
you or someone you know has been injured by a household chemical,
especially if that person was using the chemical properly, contact
us. We would be happy to discuss the matter with you.
THEY
SAID IT
The
following exchanges actually took place in courtrooms across
the country.
Q: Is there any reason why you couldn't serve as a juror
in this case?
A: I don't want to be away from my job that long.
Q: Can't they do without you at work?
A: Yes, but I don't want them to know that.
Q: Doctor,
as a result of your examination of the plaintiff, is the young
lady pregnant?
A: The young lady is pregnant—but not as a result
of my examination.
AIRBAGS
Know the Risks
There
is no question that airbags have saved thousands of lives. In
fact, the government estimates that almost 14,000 people have
been saved by airbag equipped cars. However, the government also
estimates that almost 150 people have been killed by their airbags,
and it is important to know the risks.
A
car's airbags fully deploy in 1/25th of a second, or approximately
200 miles per hour. Any object moving this fast can be dangerous,
and many cars are still equipped with “first generation”
airbags, which deploy only at one speed. Several simple tips
can help insure that the airbag does its job properly and doesn't
create more injuries than it prevents.
Children (who are the most vulnerable to airbag related injuries)
should always ride in the back seat of a car. Young children
and infants should be buckled up in an age and size appropriate
child safety seat.
Drivers and front seat passengers should always wear both their
lap belts and shoulder belts to keep them from being thrown into
the airbag while it is being deployed.
Drivers should make sure that their seats are far enough away
from the airbag to avoid the impact from the airbag opening and
to give it time to deploy. Although this advice may be difficult
for some drivers, particularly shorter ones, it will help prevent
possible serious injury and even death.
HEADS
UP!
It
is a common occurrence for merchandise to fall off of shelves
in retail stores. Poor stocking methods, removing and replacing
items, and relocating product displays can all lead to falling
merchandise. What is a nuisance for workers who have to replace
the fallen merchandise can be a hazard for unwary shoppers who
have items fall on them.
A
woman shopping in a Costco warehouse store suffered permanent
injuries to her spine and shoulders when two sets of bedding
box springs fell onto her. The box springs, which were in a display
located next to a wall, fell forward and knocked the woman into
a rack of shelving across the aisle. The woman argued that the
store was negligent because there was nothing to prevent the
box springs from falling forward out of the display. In addition,
the store had no written policies or standard procedures for
the safe display of merchandise. A jury awarded her over $1 million
for her injuries.
If
you have been injured by falling merchandise, contact our firm
immediately. We are ready to go to work for you.
STATUTES
OF LIMITATIONS
We
have all heard that “haste makes waste,” but this may
not be true when you have been injured. Whether your injury was
caused by a car accident, a slip and fall, or a defective product,
you should contact our firm as soon as possible. One reason for
this is that your injury starts the ticking of a legal clock,
known as the “statute of limitations.”
A
statute of limitations is nothing more than a legal rule that
limits how long you may wait before bringing a claim against
another person. If you do not make your claim before the statute
of limitations passes, the law may prevent you from ever doing
so.
Statutes
of limitations are followed strictly by our courts. If you are
even a single day late, your claim may be dismissed—“close
enough” does not help with the statute of limitations.
So
how long is the statute of limitations for an injury claim? The
general answer is that it depends on the facts of the case and
the way in which you were injured. CALL US AS SOON AS POSSIBLE
AFTER AN ACCIDENT OR INJURY so that we can evaluate your
case. We'll make sure that the statute of limitations' clock
doesn't run out on you.
CREDIT
CARD INSURANCE
Read the Fine Print!
If
you have even one credit card, you have probably received solicitations
from your credit card issuer touting “credit insurance.”
Although the details differ, most of these plans claim to protect
you by paying your credit card bills when you cannot, such as
when you lose your job or become disabled. In return for this
protection, you pay a premium every month. Before purchasing
credit insurance, you should make sure that the coverage is worth
the cost. Often, the benefits are not all they are cracked up
to be.
For
example, most credit insurance plans offer to pay your credit
card bills while you are out of work. However, the fine print
also usually says that the payments the insurance plan will make
are the minimum payment due, which is often far less than the
balance on the card. Even if the premium is only a few dollars
a month, most people would have to be out of work for a very
long time before this kind of credit insurance becomes worthwhile.
Additionally, insurance that starts when you lose your job often
has complicated eligibility requirements that take so long to
meet that it is often quicker to find a new job!
Another
common kind of credit insurance is so called fraud protection.
Many cards will insure you against charges to your account that
you did not make, such as when a thief steals your purse and
runs up a credit card bill. What they do not tell you is that
federal law in most cases already limits your liability for unauthorized
charges to $50 per card.
Before
signing up for credit insurance you may not need, call your card
issuer and get the low down on what is and is not covered. You
may discover that credit insurance is not the deal they tell
you that it is.
THANKS
Thank
you for trusting our firm with your legal needs. If you or someone
you know has been injured due to somebody else's carelessness,
please call us. We want to help.
If you are interested in receiving help on your potential
case, please click
here for free (secure online) Case Evaluation. Any initial
consultation with Brennan & Kavouklis, P.A. is free. For more information,
contact us at 813-254-7770, or by e-mail
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