Monday, July 9, 2007

Theories in Making Product Liability Claims

Product liability is among the growing cases being filed and litigated in courts especially in California. The growing need of consumers for newer varied products fuel the manufacturers drive to produce more innovative products in less time.

Generally, manufacturers owe its consumers the responsibility of keeping their products safe for public use or consumption. Unfortunately, some manufacturers are more concerned with profit but less with public safety.

If you have been injured or if a member of your family died due to a defective product, you are entitled to product liability claims against the manufacturers, distributors, wholesalers or retailers depending on the defect of the product.

There are three legal theories that you can pursue in order to acquire damages due to defective products - negligence, strict liability and breach of warranty.

In negligence theory, you must prove that the manufacturer failed to use due diligence and care in designing, manufacturing or selling the product and such failure caused your personal injuries.

Strict liability theory, on the other hand, focuses on the condition of the product itself. In this theory you just need to prove that the product is defective making it unreasonably dangerous for use or consumption and such defect caused your personal injuries.

Last, breach of warranty focuses on the presentation or promise made by manufacturers to the public. The warranty may be expressed or implied. So long as you can prove that this warranty was breached by the lesser quality of the product causing you injuries, then you are entitled to damages.

In all these theories, however, you need the aid of expert personal injury lawyers with skill in handling product liability cases in particular.

Friday, July 6, 2007

Slip Trip and Fall, No Laughing Matter

Premise liability accounts for thousands of personal injury cases in the country. It chooses no time and place. Premise liability can happen to you while you are at work, having lunch out, visiting a friend’s house or doing recreation.

The usual cases of premise liability are slip and fall or trip and fall accidents. A slip and fall accident happens when there is water or any slippery substance on the floor and you slip and fall as a result. A trip and fall case, on the other hand, is when your foot got caught or tripped due to a hole on the ground or debris strewn on the floor resulting in a trip and fall accident.

In both cases the owner of the property is liable for your injuries. Usually, it is funny if you see somebody slipping or tripping and falling, especially if the person is not you. However, premise liability accident is no laughing matter. A lot of serious injuries are sustained during a premise liability accident to include:

1. Scrapes and bruises
2. Sprain and strain injuries
3. Head injury
4. Back injury
5. Fractures; and
6. Death

As you can see, serious and debilitating injuries could be sustained if you happen to fall and your head hits the floor hard or you happen to fall down the stairs that could paralyze you for life.

If you or any of your loved ones has been a victim of a premise liability, you know you have a right to seek damages. The personal injuries sustained as well as the consequent financial damage is really no laughing matter. Seek the assistance of expert premise liability lawyers to help you get a reasonable and just claim.

Dangers: Apparent and Hidden

Premise liability happens anytime at any place. It is a result of the negligent maintenance of the owner or manager of the property. Sometimes they could also be the result of engineering and building code violations. These violations are also known as hidden defects.

Apparent defects, on the other hand, are defects that can be readily seen by the naked eyes like the puddle of water left on the floor or the pocks or holes on the ground due to poor maintenance.

Regardless of whether the defects are hidden or apparent, property owners are liable to any person who gets injured as a result the dangerous property.

Property owners are required by the state and federal law to maintain safe premises at all times. A property injury that occurs resulting from negligent design, maintenance or operation can result in serious injuries requiring substantial funds for medical bills, lost wages and long-term care. These costs can be claimed from the property owner as penalty for negligence.

Ignorance of the dangerous condition is not a defense that a property owner can claim against a victim of a premise liability especially with regard to commercial establishments.

If you are in a restaurant on at a mall or even playing hoops at a paid gym, there is an unspoken obligation on the part of the owners of these establishments to keep you safe from the dangerous conditions that may occur on the property. If you slip and fall due to a puddle of water while in a restaurant, the restaurant owner is liable. If you have been injured by falling stocks of products while in a mall, you can claim damages from the store or mall owner.

Every person has the right to be secured in another person’s property whether it is commercial or private. The fact that you are only a guest or a by stander does not give anybody the right to bring you hurt due to negligence.

Tuesday, July 3, 2007

Your Right to be secured in Another’s Property

Many people go visit the homes of their friends on a daily basis. If you are invited by your friend to his or her house, that friend has a responsibility to make his or her property generally safe and free from dangerous and hazardous condition.

If, while in the house of your friend, you slipped and fell, and sustained injuries because of it, your friend may be liable to you for damages. Your friend, in law, is answerable for the premise liability for failing to make his property reasonably safe from hazardous and dangerous condition resulting in your accident.

There are a lot of factors that could contribute to a premise liability. Dangerous property can be caused by failure to make repairs, unsafe products, building code violations, engineering problems, architectural errors, electric hazards and many more.

In any case, if you have suffered injuries, temporary or permanent disability as a result of a slip, trip and fall accident on another person’s property, the negligent party is answerable to you. In case of your negligent friend, you will be able to claim at least actual damage for you medical costs, loss of earnings and pain and suffering.

You need expert personal injury lawyers for . These lawyers are very competent in proving negligence on the part of the property owner and are adept in presenting proof of your economic and non economic losses as a result of the slip and fall accident.

Remember, even if you are invited to a friend’s house, that doesn’t mean that your injuries as a result of their negligence is free.

Your Right to be secured in Another’s Property

Many people go visit the homes of their friends on a daily basis. If you are invited by your friend to his or her house, that friend has a responsibility to make his or her property generally safe and free from dangerous and hazardous condition.

If, while in the house of your friend, you slipped and fell, and sustained injuries because of it, your friend may be liable to you for damages. Your friend, in law, is answerable for the premise liability for failing to make his property reasonably safe from hazardous and dangerous condition resulting in your accident.

A lot of factors could contribute to a premise liability. Dangerous property can be caused by failure to make repairs, unsafe products, building code violations, engineering problems, architectural errors, electric hazards and many more.

In any case, if you have suffered injuries, temporary or permanent disability as a result of a slip, trip and fall accident on another person’s property, the negligent party is answerable to you. In case of your negligent friend, you will be able to claim at least actual damage for you medical costs, loss of earnings and pain and suffering.

You need expert personal injury lawyers for . These lawyers are very competent in proving negligence on the part of the property owner and are adept in presenting proof of your economic and non economic losses as a result of the slip and fall accident.

Remember, even if you are invited to a friend’s house, that doesn’t mean that your injuries as a result of their negligence is free.