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WHAT IS PRODUCTS LIABILITY?

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.

If you are interested in receiving help on your potential case, please contact us for Free Case Evaluation (Secure Online) or call at 1-888-WE-MEAN-IT (888-936-3264).

Please be sure to provide us with as much information as is reasonably available. The quality of our evaluation is dependent upon the accuracy of the information you provide to us.

Any initial consultation with our firm is free. For more information, call us at 1-888-WE-MEAN-IT (888-936-3264), or contact us by e-mail.