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The Different Kinds of Product Liability Claims

Posted by on Mar 30, 2017 in Product Liability Claims | 0 comments

The Different Kinds of Product Liability Claims

Product liability is the legal liability of designers, manufacturers, sellers, or anybody else involved in trade, for putting a defective or malfunctioning product into the market. This is especially true if the said product has triggered an accident and has caused an injury.

According to the website of Mazin & Associates, PC, the root cause of dangerous products usually stems from three areas: a design defect, a manufacturer defect, or a lack of proper warnings and directions that demonstrate safe use of the product.

Design Defect

The design of the product can be called defective if it is inherently dangerous, if the product has useless features, especially if these features have the potential to cause harm, or if the product’s dangers are far greater that its benefits.

For example, if you have bought a metal fan and got your finger injured because the gaps between the fan’s cover are too wide, you may have a product liability case based on design defect in front of you.

Manufacturer Defect

Manufacturer defects are those that have been sustained during the manufacturing process, maybe because the manufacturer has been careless, reckless, or trying to cut manufacturing costs by using low-quality materials and hiring less-skilled workers.

For example, if you have bought a bicycle and crashed because the bicycle frame had a crack and snapped, you may have a legitimate manufacturer defect claim. It is also important to note that even if the manufacturer is diligent, it may still be held liable for unintentional defects in the product.

Lack of Proper Warnings and Directions

Some products can be dangerous even if they are properly designed and manufactured, such as coffeemakers and how they make consumers vulnerable to burn injuries and medication and how they can have negative interactions with other drugs.

These products should have the proper warnings for their risks, especially if these risks are not obvious. Having labels regarding the products’ proper usage is also important, because improper use may also result into accidents and injuries.

Lack of Safety Gates: One of the Major Causes of Train Accidents

Posted by on Jul 27, 2016 in Train Accidents | 0 comments

Trains have played a major role in the U.S. transport system since the 1800s; these have moved thousands of passengers and important goods and cargo, including coal, oil, export and import materials, as well as dangerous, toxic, or hazardous substances, from one county or state to another.

With the U.S. railroad system extending from coast to coast, the government makes sure that these powerful and huge locomotives have safe rails to travel on. The continuous increase of cars, buses and air flights, however, has limited the role of passenger trains, leaving the bulk of rail transport to shipment of freights.

Add to a train’s size and weight the combined wight of all passengers and the tons of cargo that it carries, stopping in case of emergency will definitely be very difficult for a train operator. Thus, if anything goes wrong, cost of damage to property and the number of lives that may be lost will be much greater compared to what any other motor vehicle accident can inflict. Avoidance of train accidents makes it imperative, therefore, to maintain and regularly check trains and railroads; add to these the importance of properly training train conductors, of properly marking railroad crossings, and the installation of light signals and safety gates.

Though the National Transportation Safety Board says that over 60% of all railroad crossing accidents occur at unprotected or under-protected crossing sites (these are sites with improperly marked crossings and/or lacking in safety gates, markings or signs will only inform motorists that they are approaching a railroad crossing, not whether there is a train coming. Hence, more important than markings or signs are flashing light signals and safety gates as these are the ones that will announce a train’s approach and warn drivers of the need to make a full stop.

In its website, the Hankey Law Office says that despite the importance of safety gates, in particular, many individuals and authorities responsible for putting these gates in place often fail to do so in certain locations either because of the additional cost of the gates or simply due to negligence. This is in spite of their knowledge that the lack of this necessary safety feature significantly increases the chances that a damaging and potentially deadly accident will occur.

Safety gates undeniably play a very important role in the safety of motorists as these can prevent fatal accidents from ever happening. As a train nears a railroad intersection, its operator would naturally assume that the safety gates are down and that signal lights are flashing to warn drivers from continuing on. In like manner, drivers also expect that they will be warned about an approaching train through flashing signal lights and lowered safety gates. Anything that will prove wrong a train operator’s assumption or drivers’ expectation can be ascertained as an act of negligence by someone else. Any accident that may occur can, therefore, be blamed on whoever this negligent culprit is and, being the liable party, he or she should be made to face justice, as well as have the capability to compensate the victims of his or her careless behavior.

Injured Due to a Truck Accident?

Posted by on Mar 22, 2016 in Truck Accidents | 0 comments

When you think of truck accidents, the most horrific images can often come to mind. This is with good reason. Trucks – specifically, eighteen wheeler trucks – are massive land vehicles that tens of thousands of pounds in weight. If an average car – that is around 10,000 pounds at the heaviest – can cause significant damage on a highway during an accident, one can only picture the horrid consequences that a truck can cause with its whopping 80,000 pounds in weight at the very least.

According to the website of the lawyers with Williams Kherkher, there are around 400,000 to 500,000 truck accidents that happen in the United States per year. While a car accident may damage one to two other parties, some anomalies causing more damage to others, the fact is that if a truck is involved—the damage is nearly always so much more devastating due to the sheer potential of a vehicle of that magnitude. Some eighteen wheelers even contain flammable or hazardous material and if such substances were damaged due to the accident, the outcome could affect even entire towns.

So how can you recuperate from an injury that was due to a truck accident? Is all hope lost once one suffers?

The answer is, of course, no. There is always a way to fight back around the devastation. Due to the larger potentiality for destruction that trucks possess, they are protected and supervised within a different set of federal laws that are special to them. For example, a truck driver can only drive for 14 hours consecutively per day and they must be professionally qualified to operate a vehicle. This must be checked by the trucking company as they all have a duty of care that they must uphold, as they owe that much to the people around them.

Protecting Yourself From Bicycle Accidents

Posted by on Oct 25, 2015 in Personal Injury | 0 comments

With environmentalists pushing for stronger preservation efforts in the wake of global warming, a lot of Americans have started preferring to ride bikes as an alternative to driving their automobiles. According to a study by the National Highway Traffic Safety Administration (NHTSA), the number of people using their bikes to work rose to around 786,000 from 488,000 for 2000 to 2012, proposing 61% increase that was noteworthy.

Today a substantial portion of people are using their bicycles on the highway, it must also be noted that the number of injuries involving cyclists have similarly increased. There is always some danger to being outside on the road with other vehicles. Nonetheless, the risk for cyclists increases for accidents involving vehicles that are considerably bigger than bikes’ flimsy frames. The NHTSA records that bicycle injuries account for just two percent of all deaths that happened in 2012. This data merely proves how significant bike security is. Thankfully, bicyclists can protect themselves from injuries and unwanted accidents by following safety precautions.

Certainly one of the most significant precautions bicyclists should take is making sure the they are totally visible to the vehicles around them. That is especially crucial when the highway that is being shared by bigger vehicles on account of the risk of blind spots. Wearing reflective and bright clothing is equally significant, along with equipping your bicycle with lamps and reflectors.

One other important tip is to make sure you’re driving with the flow of the traffic rather than in the way that is contrary. Again, it is very important to stay visible to the automobiles sharing the round. Drivers will not have the ability to predict your intention to turn or change lanes and will not anticipate someone otherwise riding towards them. Likewise, you should be ready to stop at driveways and intersections. Your bicycle might not be large, but it’s exceptionally dangerous to try to run a stop.

Finally, it is really crucial that you are wearing equipment and proper safety gear. A properly fitted helmet can do a lot to conserve you from traumatic brain injuries. It is also important to point out that cycling should be avoided by you while you’re distracted or affected by alcohol. The NHTSA records that 2-4 per cent of cyclists involved in fatal accidents had a Blood Alcohol Concentration amount of 0.08 percent or-or more.

Bicyclists also need to be wary of the roadway they’re riding. Always be on the lookout for gaps in the pavement, potholes, grates, and messes which could allow you to lose control of your bicycle. It’s also crucial to stick to trails and the pathways designated for cycles.

In the end, the responsibility  and prevention of bicycle accidents will not rest completely on bicyclists. According to the website of the Massachusetts injury attorneys at Crowe & Mulvey, LLP understand that drivers sharing the road also have an equivalent share in ensuring everyone is held secure from accidents which could cause acute injuries. You will learn first-hand how damaging a bike accident may be if a victim of a similar scenario is you. Seeking compensation through channels that are legal can be your best recourse. Contact a skilled personal injury lawyer in your region to find out more.