Search results “Case liability product”
What is Product Liability?
Product liability is the area of law in which consumers can bring claims against manufacturers and sellers for products that injure people. To sue for product liability, you only need to show 1 of 3 things to hold the manufacturer Liable. You need to show that either they built the product badly- a manufacturing defect they designed the product badly- a design defect or they didn’t warn you about a risk or danger associated with the product- a failure to warn. By digging into the details of what caused harm and how, product liability law provides straightforward ways to establish who is liable for injury.
How to Establish a Product Liability Case (Ep.31)
https://www.InjuryClaimCoach.com Product liability is in a class by itself. If you were injured by a defective product, certain legal concepts like strict liability can make your lawsuit settlement almost automatic. Learn more in this video tutorial.
Views: 3723 Injury Claim Coach
New York Product Liability Attorney Anthony Gair: Trial of the Plaintiff's case
This video is an extract of the New York State Bar Association Program "LITIGATING THE PRODUCTS LIABILITY CASE: LAW AND PRACTICE" If you would like to see the complete program (with different speakers) a live webcast option will be available on Friday November 1st 2013 for the Albany Program. Click here for more info http://www.nysba.org/store/events/registration.aspx?event=0DC91 In this video, New York Product Liability Lawyer Anthony Gair explains how to prepare and try a product liability case. The following points are covered: COST The costs involved for the plaintiff's attorney can be astronomical. It is not unusual to accumulate well over $100,000.00 in expenses prior to trial. TIME AND PUTTING IT TOGETHER, Be prepared to spend a countless number of hours on your case. Not only will you have to learn all there is about the particular product, you must learn the principles of safety design engineering. CHOOSING THE LIABILITY EXPERT The following should be taken into account when hiring the liability expert or experts: 1. EDUCATION 2. WORK EXPERIENCE 3. PROFESSIONAL ORGANIZATIONS 4. PATENTS 5. COURSES TAUGHT 6. PUBLICATIONS 7. PRIOR TESTIMONY AND POSITIONS TAKEN DIRECT AND CROSS-EXAMINATION OF THE EXPERTS The foundation for the cross-examination of the defendant's safety design expert must be laid at his deposition. The most important expert for the defendant and for the plaintiff to effectively cross-examine is the design engineer employed by the defendant who actually took part in the design of the product. USE OF THE PRINCIPLES OF SAFETY DESIGN ENGINEERING IN A PRODUCT LIABILITY CASE BASED ON NEGLIGENT PRODUCT DESIGN In product liability cases predicated upon the negligent design of a product, such as almost any type of machine which is to be used by people of varying training and skill it is imperative for the plaintiff's attorney to understand the basics of machine design. This is crucial in New York where the plaintiff's culpable conduct is a defense to a strict product liability action so that the percentage of fault for his injury may be, if not eliminated, reduced as much as possible INCORPORATING THE PRINCIPLES OF SAFETY DESIGN ENGINEERING IN CROSS-EXAMINATION OF THE EXPERT In products liability cases involving allegedly defective machines such as printing presses, plastic molding machinery, power saws, power presses and innumerable others, the defense will invariably argue that it was the plaintiff's culpable conduct which caused the accident and resulting injury. In other words, the defendant will argue that it was the plaintiff's failure to use the product properly or to follow warnings which caused the plaintiff's injury. In New York the plaintiff's culpable conduct is a defense in a Products Liability case. The problem confronting the plaintiff's attorney is that plaintiff will often not have used the machine properly. Given this fact, the jury must be taught that such misuses were reasonably foreseeable and that the manufacturer knew or should have known that users of products are people and that people can make mistakes which must be guarded and warned against. DEMONSTRATIVE EVIDENCE In a Product Liability case, demonstrative evidence is crucial to deflect the defendant's attack that the expert never inspected the product, never designed a similar product, never built a mock up of the alternative design and the usual allegations of "junk science." HANDLING THE JURY If you are in State Court, you will have the opportunity to at least speak with the jury for thirty minutes to an hour in most jurisdictions. In Federal Court, the judge will ask the questions. It is a rare case in which a judge will ask the most important questions the plaintiff's attorney submits. It is crucial, whether done in jury selection or in your opening to develop a theme, which you will have thought about before even deciding to take the case. The plaintiff's attorney must understand that the jury will usually have the mind set that the corporation who designed and manufactured the product knew what they were doing and what befell the plaintiff was his fault for not using the product properly or failure to heed instructions or warnings. Thus the plaintiff at the outset must turn this around and use it to his advantage. ANTHONY GAIR is regarded as one of the best plaintiffs attorneys in New York in the field of product liability and defective products. He was named LAWYER OF THE YEAR 2011, PRODUCT LIABILITY LITIGATION, NEW YORK CITY AREA by BEST LAWYERS where he has been listed every year since 2007. Anthony Gair has also been listed yearly in SuperLawyers since 2006. He also was selected to become a Member of The Law Dragon Top 500 Attorneys in The United States.
Views: 2726 Anthony Gair
McDonald's Hot Coffee Case
http://www.kenwagnerlaw.com McDonald's Hot Coffee Case, Albuquerque Personal Injury Lawyer, Albuquerque Product Liability Attorney, Albuquerque Defective Products, Albuquerque Design Defect Attorney
Views: 16969 KenWagnerLaw
What must be proven in a product liability case?
What must be proven in a product liability case? In California, we use typically the consumer expectation test to determine whether or not a product is defective. So in some cases, all that's required is the plaintiff to tell the facts of the story, and what happened with the product. And the jury, from using their own commonsense and judgement, can decide that that product did not behave or function like a reasonable consumer would have expected it to. And that's all it's required. In other cases, expert testimony might be required to help a juror determine whether or not that product functioned or behaved like a reasonable consumer would have expected it to have behaved. For example, in a case involving a durable waterproofing spray which comes in a can. That product is a very simple product, and when one sprays it, inhales the contents of the gas mist accidentally, or by mistake, then that product didn't behave like a reasonable... I'm sorry... And that product causes a lung injury. A reasonable consumer would not expect that using that spray and inhaling it accidentally would cause a lung injury. So in a case like that, the plaintiff might just hope that a jury would see that a reasonable consumer wouldn't expect to be injured by spraying this durable waterproofing product. However, a good plaintiff's attorney would probably hire a pulmonologist or some other medical doctor to help show that the contents within the spray get into the lungs and cause scarring of the lungs. So those are some of the things that we use in California, typically expert witness testimony, to help prove that the product is defective. For more information, please visit https://thompsonlawoffice.com/must-proven-product-liability-case/
What is Product Liability?
http://www.lawmed.com/cases_we_handle/defective_product/index.php What is product liability? When a person is injured while using a product—any type of product—a good attorney will want to investigate whether there was a problem in the way the product was designed or manufactured. If so, then the injury might have been prevented if not for the defect. If you sustained a serious injury due to a product that malfunctioned or broke, you may want to consult with an attorney. A product liability lawyer will investigate the facts of the case, find out if other people had also been injured by the same product, and figure out whether your injuries were the result of a defect in the product. In this video, HensonFuerst partner David Henson answers basic questions about product liability and defective products. *** Principal Office of Henson & Fuerst, PA: 2501 Blue Ridge Road, Raleigh, NC 27607 *** If you have additional questions about product liability injuries, feel free to visit our website at http://www.lawmed.com/, and don't forget to look at some of our other videos at http://www.youtube.com/hensonfuerst/. What is product liability? Hi, this is DH with HF Attorneys in North Carolina. While my wife, Carma Henson, and I were getting dressed this morning, her curling iron started sparking and smoking. With catlike reflexes, she quickly unplugged it, dispersed the smoke, and averted all sorts of bad things that could have happened us or to our house. Then, like the well-trained lawyer she is, Carma proceeded to rant that the curling iron was brand new, and that she wanted her money back for that piece of junk. I, on the other hand started thinking about what could have happened had it injured someone in our family, or if it had burned down our down. Then, I thought, let's use this piece of junk to educate folks about Product Liability law and what it is. So....here goes: A defective product is any product that a manufacturer or distributor knew, or should have known, would cause injury in its normal course of use. A claim usually results from either a design defect or a manufacturing defect. Design defects typically focus on the creation phase of the product: • how it was thought up and developed • how it was intended to be constructed and manufactured • whether the designers considered the likely uses of the product • how the designers considered potential failures of the product. Claims relating to the manufacturing phase of the process may relate to: • inadequate quality control • use of substandard materials in construction • assembly of materials in a manner inconsistent with design specifications • how the product was distributed. So, in the context of the burned curling iron, we don't really know what caused it to catch fire and start smoking. Had the injury or damage been severe enough, we could hire an accident reconstruction engineer to take it apart and figure out what happened to it. These independent experts are unbiased scientists who can figure out whether any design, manufacturing, or structural defects occurred in the manufacture of the product. One of my favorite tasks as a lawyer is to go to the offices of accident reconstruction engineers while they are testing defective products. There is nothing quite so entertaining as watching engineers try to make curling irons, toasters, or other defective products catch fire, fail, or break because of shoddy workmanship, construction, or design. Another thing that we do in defective products cases is check whether other people were also injured while using the product. Defects tend to occur more than once, so we start by locating other instances of similar injuries in similar circumstances so that we can build upon the case that we are trying to piece together. In the end, products liability cases are both interesting and challenging. We enjoy knowing that we are helping to improve the safety of products sold in our communities, and it is gratifying to work for clients who need our help in rebuilding their lives. If you have additional questions regarding product liability cases, go to our website at www.lawmed.com . As for me, well...it looks like my job is to try and get our money back for this piece of junk.
Views: 3250 Henson Fuerst
Strict Product Liability - Tort
This video explains the tort of strict product liability. It also explains the limited defenses that apply to strict product liability actions. Find more free resources at TheBusinessProfessor.com
Views: 14790 The Business Professor
Who Can Be Held Liable in a Product Liability Case?
Product Safety Attorney, Rich Newsome discusses who can be held responsible in a product liability lawsuit; there are several different potential parties that can be potential targets. Legal FAQs, brought to you by Newsome Melton Law Orlando, Florida Based Personal Injury & Product Liability Attorney Rich Newsome, of NewsomeMeltonLaw.com, answers questions that our clients frequently ask. Topics cover personal injury, defective tires and airbags, wrongful death, medical malpractice, Government fraud, class action lawsuits, vehicle accidents, and defective drugs. For more FAQs visit: http://newsomelaw.com/frequently-asked-questions-faq At Newsome Melton, we don't just try cases, we get answers. With a team of the absolute top lawyers on the east coast, you can be sure that your case gets the attention it deserves. Other firms tout their recoveries, but we’re most proud of our “uncoverings” – exposing dangerous products and getting them off the market. Follow on Twitter at @NewsomeMelton https://twitter.com/NewsomeMelton Like on Facebook at @NewsomeMelton https://www.facebook.com/newsomemelton
What is Product Liability?
Product liability is a major area of the law in which makers of defective products can be held liable for injuries even if they are not at fault. BIG LAW is a series of videos that give you the answers you have about the law.
Views: 4516 iMousetrap
What is the Pre-Suit Process on a Product Liability Case?
To learn more about your legal rights in the case of an injury, please visit thelyonfirm.com or call 800.513.2403 for a free, confidential consultation. "One of the first questions that I'm asked is, "What can I expect from the process?" The process really involves two parts. Number one, we start with the pre-suit investigation of the case. The pre-suit investigation of the case involves obtaining the product that's at issue, assuming that it's available. If you're aware that there may be a product liability issue in your household, it is imperative that the evidence is safely preserved, as a failure to do so may compromise any future litigation. The pre-suit investigation also includes interviewing any family members or friends or witnesses that may have seen the event occur, or can testify related to the impact that the injuries have on the individual's life. Most of the pre-suit investigation is centered around understanding what the liability is or isn't with respect to that product. There is also third party information that needs to be gathered, typically through Freedom of Information Act requests. If it's a case that involves a pharmaceutical product or a medical device issue, we would need to get documents and search through the FDA database to understand the science that served as the basis for approval of that product, and what were the clinical studies that were run, in order to understand whether or not certain issues with respect to the type of injury, or with respect to the approval process itself, may impact which direction the case could go from a factual or legal perspective."
Attorney explains diffuctly of products liability cases
Attorney Lee Atterbury described the degree to which manufacturers and sellers of dangerous products fight suits brought against them
Product Liability Case & How To Handle Them
Injured due to unsafe products? Manufacturers are liable for all products they produce that include defects. If you've been hurt because of a defective product or a product that's been recalled, then it might be time to take action. What can you do in this case? -Meet with an experienced personal injury lawyer -Collect all documentation referring to the product -Document your injuries entirely -Compile any medical records You need all of the above information to substantiate your case. You must be able to prove that the product was defective and caused injury. Of course, a personal injury lawyer will prove this for you if your case is legitimate. Joe Carson is a personal injury lawyer in Oklahoma City specializing in product liability, workers compensation, auto accident and injury litigation. With a proven legal record in Oklahoma, Carson represents clients with the utmost expertise and dignity, helping all clients receive the compensation they need to get back on their feet. Carson will review your case for free and provide the legal counsel you need to make a responsible decision in Oklahoma. http://www.injurylawoklahoma.com/
Views: 20 Joe Carson
Product Liability Case Example: Defective Seat Belt Buckle
Attorney Joseph Lyon describes a product liability case from his practice. To learn more about your legal rights, and the resources available in your case, please visit thelyonfirm.com and call 800.513.2403 for more information. "A large part of my practice involves product liability cases. One of the first complex product liability cases I was ever involved in occurred in Mansfield, OH. The primary issue of the case involved a seat belt buckled called the Gen 3 seat belt buckle, which was manufactured by Chrysler. The seat belt buckle was placed into many of their mini-vans and certain jeep models. What was alleged in the case was that the button on the seat belt buckle extended above the casing. As a result, a couple of issues could happen. One, during an accident sequence a hand, elbow, or object could hit the button, which would inadvertently release the latch plate from the buckle. Or two, the latch plate could be inserted underneath this button and wedged into what is known as a false-latch situation. In this particular case we were representing a 14 year old boy who was riding to the airport with his father and his grandmother. A young lady ran a stop sign causing a very high velocity impact, and the seat belt, according to our experts, unlatched during the accident sequence. He suffered a horrific brain injury and catastrophic facial deformity that changed his life forever. As a result of this case, which was a confidential settlement, we were able to secure a certain amount of money that was able to help him move forward, attain the type of educational classes that he needed, attain the plastic surgery he needed, that otherwise would not have been accessible to him. I'm very proud of the work that we did on that early case, I'm proud of the fact that I was able to work with my father, who is also a lawyer at a different firm on that case. I'm also proud of the success that the young man has had as he's moved forward in life. If you or a family member have some suspicion that an automotive product may have contributed to an injury to you or your family, please give me a call. I'm able to research these issues very efficiently, we have access to some of the best experts in the United States that can evaluate these claims, and we can get some answers to you. If it turns out that there is a defect in a product that contributed to the injury, then we will fight to get the type of compensation that will make a difference in your life."
How do you prove liability in a product liability case?
Minneapolis personal injury lawyer James Heuer discusses how you prove liability in a products liability case.
Views: 10 ReelLawyers
What is an example of a manufacturing defect product liability case?
Products Liability Attorney MN | Products Liability Lawyers Minneapolis Minnesota | Schwebel, Goetz & Sieben | https://www.reellawyers.com/bill-sieben-2/example-manufacturing-defect-product-liability-case/ | (612) 344-0305 | [email protected] Transcript: Examples of defectively manufactured products are where a company has a protocol for how a product is to be designed, like the tensile strength of the steel that goes into whatever the product is is supposed to be so many pounds, or so many tons. Well, a manufacturing defect is when the tensile strength doesn’t reach that that it was supposed to be, so instead of withstanding 50 pounds of pressure or load, the tensile strength only can withstand 10 pounds. That’s a manufacturing flaw or defect. It wasn’t made the way the manufacturer wanted to make it and the reason. There are dozens of reasons why that can occur. It can occur through error in the manufacturing process, a part of the product was not correctly provided, so there are lots of reasons why the flaw can be there, but it was something that the manufacturer didn’t want to be manufactured in that way. They wanted it to be manufactured a different way. It wasn’t. It was sold to the public in the defective condition that had the flaw in it, and then it caused an injury somehow. Schwebel, Goetz & Sieben 51st Floor IDS Center 80 S. 8th Street, #5120 Minneapolis, Minnesota 55402 https://www.reellawyers.com/bill-sieben-2/example-manufacturing-defect-product-liability-case/ http://www.schwebel.com/attorney/bsieben/
Views: 392 ReelLawyers
Reclined Seat Product Liability Case from Attorney Todd Tracy of The TRACY Firm.
CBS 11 News - The Investigators: Reporter Robert Riggs reports the dangers of reclined seats while the vehicle is in motion, by getting the insights from nationally recognized Crash Test Engineer Steve Syson and Attorney Todd Tracy of the TRACY Firm who has been practicing vehicle products liability cases only for over 20 years. If you have a crash and you got injured, we would help you figure out your accident from the defective products liability perspective. Call us now @ 214 324-9000 or visit our website https://www.vehiclesafetyfirm.com
Views: 61069 Todd Tracy Law Firm
Storing Evidence in a Product Liability Case
Product Safety Attorney, Rich Newsome explains how to store evidence in regards to a Product Liability Case. Legal FAQs, brought to you by Newsome Melton Law Orlando, Florida Based Personal Injury & Product Liability Attorney Rich Newsome, of NewsomeMeltonLaw.com, answers questions that our clients frequently ask. Topics cover personal injury, defective tires and airbags, wrongful death, medical malpractice, Government fraud, class action lawsuits, vehicle accidents, and defective drugs. For more FAQs visit: http://newsomelaw.com/frequently-asked-questions-faq At Newsome Melton, we don't just try cases, we get answers. With a team of the absolute top lawyers on the east coast, you can be sure that your case gets the attention it deserves. Other firms tout their recoveries, but we’re most proud of our “uncoverings” – exposing dangerous products and getting them off the market. Follow on Twitter at @NewsomeMelton https://twitter.com/NewsomeMelton Like on Facebook at @NewsomeMelton https://www.facebook.com/newsomemelton
Product liability
Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause. Although the word "product" has broad connotations, product liability as an area of law is traditionally limited to products in the form of tangible personal property. This video is targeted to blind users. Attribution: Article text available under CC-BY-SA Creative Commons image source in video
Views: 3624 Audiopedia
What is a Product Liability Case?
A product liability is the type of case where someone has been injured or killed as a result of a product. The product is a consumer item such as a ceiling fan, automobile, truck or a piece of industrial equipment. They are considered to be any products that are manufactured and put out to the marketplace to be purchased and consumed by the American public. If those products have been designed and/or manufactured in an unreasonably dangerous condition and a death or injury has occurred as a result, the manufacturer is held liable. The causes of action available from a product liability case in Tuscaloosa or anywhere else in Alabama is against the manufacturer or distributor building on its role in the chain of distribution. The problem has to be found to not only have affected a region, but has also been deemed unreasonably dangerous. Contact the team of experienced Tuscaloosa personal injury lawyers at Cross & Smith today for a free initial consultation. For more information about your specific case, visit: Cross & Smith, LLC http://www.crossandsmith.com TUSCALOOSA 907 17th Avenue Tuscaloosa, AL 35401 Toll Free: 877-791-0618 Phone: 205-391-0618 BIRMINGHAM Landmark Center 2100 1st Ave. N, Suite 340 Birmingham, AL 35203 Phone: 205-326-2500
Views: 19 Cross & Smith, LLC
What Is Strict Product Liability?
http://www.lawinfo.com/products-liability.html - If you were injured by a defective product, you may be able to successfully sue the seller or manufacturer of the product without having to prove fault. This is known as strict product liability, and applies in cases where a product has a design or manufacturing defect that lead to injuries. It's important to note, strict product liability only applies in special cases, where the original manufacturer or seller sold you the product, not a reseller or non-merchant. Additionally, if you used a product in a non-foreseeable or negligent manner, strict product liability may not apply. If you were injured while using a product, it's important to speak with an attorney immediately. Any delay may result in the loss of evidence, and forfeiture of your case.
Views: 2422 lawinfo
Product Liability Cases
The Seattle product liability lawyers at Bishop Legal represent seriously injured accident victims in Washington State. If you or a loved one has sustained serious injuries in an accident, please call the lawyers at Bishop Legal at 1-800-291-1821. Unsafe and defective products pose a serious risk to the healthy and safety of the public. By holding product manufacturers and providers accountable, product liability cases improve the safety for all citizens. Bishop Legal represents clients who have sustained serious injuries as the result of defective or unsafe products. These injuries may result from: - Defective motor vehicle parts. This may include tire blowouts, faulty brakes, seatbelts, and airbags. - Defective tools. This can include faulty saws, drills, routers, and other power tools. - Defective machinery. This includes defective conveyor belts, die casters, punch machines, and other machinery. - Defective construction equipment such as ladders, lifts, forklifts, scaffolds, and railings. - Defective household products such as child safety containers, unsafe toys, appliances, and other household items. - Design defects such as in construction, architecture, manufacturing, engineering, and infrastructure such as the design of roadways and highways. Bishop Legal represents the seriously injured and in the most tragic of cases, we handle wrongful death. We offer personal, dedicated, and compassionate representation to injured victims. Our team of experienced personal injury lawyers is committed to helping clients achieve the justice they deserve. If you or a family member has been seriously injured as the result of a defective or unsafe product in Washington State, we can help. Please call Bishop Legal at 1-800-291-1821.
Views: 43 bishoplegaltv
How Do I Preserve Evidence in a Product Liability Case?
Product Safety Attorney, Rich Newsome tells you how and why to preserve evidence in a Product Liability case. Legal FAQs, brought to you by Newsome Melton Law Orlando, Florida Based Personal Injury & Product Liability Attorney Rich Newsome, of NewsomeMeltonLaw.com, answers questions that our clients frequently ask. Topics cover personal injury, defective tires and airbags, wrongful death, medical malpractice, Government fraud, class action lawsuits, vehicle accidents, and defective drugs. For more FAQs visit: http://newsomelaw.com/frequently-asked-questions-faq At Newsome Melton, we don't just try cases, we get answers. With a team of the absolute top lawyers on the east coast, you can be sure that your case gets the attention it deserves. Other firms tout their recoveries, but we’re most proud of our “uncoverings” – exposing dangerous products and getting them off the market. Follow on Twitter at @NewsomeMelton https://twitter.com/NewsomeMelton Like on Facebook at @NewsomeMelton https://www.facebook.com/newsomemelton
Product Liability Cases - Macon Personal Injury Lawyers
Attorneys Joe Boyd & BJ Survant from the Law Firm of Reynolds, Horne & Survant talks about product liability cases with host Annette Sinclair. Annette asked what else in the way of product liability cases they see normally that comes through. Attorney BJ Survant said the drop side cribs were in the news a lot lately, and now they can't make them anymore because it is illegal. The reason it is now illegal is because so many children died and others become brain injured because their head got stuck. It got to the point that manufacturers can't make them anymore because at some point somebody decided to sue the manufacturer and put them to task to prove why their product was safe and explored other alternative designs which are out there now and people are using them safely. That is one that is in the news now. BJ also said that one of the medicines for breast cancer just got disapproved by the FDA. What happens is there is a product and then the lawyers get involved if there is a lot of injuries, serious injuries and deaths from those products and they move toward litigation and the threat of litigation makes the manufacturer worry about the safety of the products and improve the products and if necessary stop making their products. At the Law Firm of Reynolds, Horne & Survant we have a proven track record of winning large verdicts and settlements for our clients who have been wrongfully injured or killed due to the negligence of others. http://www.wcrpc.com *The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.*
What damages can I recover in a defective product liability case?  0195
What damages can I recover in a defective product liability case? he damages that are recoverable under California law in a defective product case depend on the type of case of course. But in a typical case where the plaintiff was injured but survived, that plaintiff would be entitled to his economic damages and his non-economic damages. Economic damages include past and future medical expenses, past and future wage loss, future lost earning capacity. Because of an injury sometimes a person either has to exit the workforce early or can no longer do what they did before being injured, and as a result they have what we call a lost earning capacity. In addition to that, other out of pocket or consequential damages that flow from that injury are also recoverable. In addition to the economic damages you can get your non-economic damages. This is what people typically refer to as pain and suffering. And pain and suffering you can recover for both the past pain and suffering and the pain and suffering that you'll suffer in the future. Those numbers are determined by a juror, or by a jury or the fact finder. And those are typically the damages that are recoverable in a personal injury product defect case where the plaintiff survives. If the plaintiff or the party that was injured by the product does not survive, then the relatives and heirs of the decedent or the dead person are entitled to file a lawsuit on his behalf. That is what we call wrongful death and survival actions. In a wrongful death case, all the heirs are entitled to recover for are economic damages for burial expenses, and things that flow from the death of the person. What the relatives cannot recover for is the pain and suffering of the decedents, of the dead person. The jury doesn't get to award them money for the pain and suffering that the decedent experienced prior to his death in a wrongful death case. They're only entitled to recover for their loss of comfort, society from that person no longer being in their life. In a survival action, which is a type of wrongful death case, is where the heirs recover for the dead person's pain and suffering from the time of the injury-causing event up until the time of his death. So sometimes, death is instantaneous. Other times, it takes a while. And in the survival action, the decedent's heirs are entitled to recover for that injured party's or the decedent's pain and suffering that he or she went through prior to his or her death. What about economic damages? For example, someone dies as a result of a defective product, he's 30 years old and he had another 35-40 years of earning potential. Right. So in that sort of a case, the decedent's heirs for example, if he had children, are entitled to recover what the dad would've provided for those children throughout their lives. So in a typical case involving the death of a parent, the children are entitled to recover the money that that parent would have provided to that child over his or her life. So things like college expenses, medical expenses, food - all sorts of normal daily things that a parent provides to their children - the heirs or the children are entitled to recover for in a dangerous product case.
McDonald's "Hot Coffee" Product Liability Case | Lawyer's Perspective
Rasansky Law Firm is knowledgeable on various product liability cases, including the infamous McDonald's hot coffee case. Here, attorney Jeff Rasansky discusses the facts of the case. http://www.avvo.com/legal-guides/ugc/why-mcdonalds-was-found-liable-in-the-infamous-hot-coffee-lawsuit
Views: 5922 Rasansky Law Firm
Do I Have a Product Liability Case if I am Injured by a Dangerous Product?
For legal support, contact The Law Offices of Daniel A. Kalish http://personalinjurylawnewyork.com/ White Plains (914) 595-5380 Bronx (718) 989-1485 Brooklyn (718) 989-1485
Views: 30 Daniel A. Kalish
How to win product liability cases in Virginia
Product liability law governs the liability of manufacturers, designers, distributors, wholesalers, and retailers of defective products. Virginia is ranked consistently by the U.S. Chamber of Commerce as one of the top two or three pro-business states. One reason is that Virginia’s product liability laws generally favor manufacturers over injured consumers. For example, Virginia does not recognize the theory of strict liability. Moreover, some of our federal court judges seem to have forgotten the Erie doctrine, and are applying product liability law derived from published opinions from other states. Thus, if you have been injured by a defective product, it is extremely important to entrust your case to an experienced Virginia products liability lawyer who not only has mastered Virginia products liability law, but also knows about the traps and pitfalls of practicing in Virginia’s federal courts. Our firm recently resolved for $2 million a products liability case that had been turned down by another firm. Michael Phelan is a former chairman of the Products Liability Section of the Virginia Trial Lawyers Association and is a sought after lecturer and author on products liability law. Indeed, Mr. Phelan is in the process of writing a chapter for an upcoming Virginia products liability treatise. Phelan Petty, PLC has handled successfully cases involving defective bridge construction devices, meat grinders, after-market gun accessories, paintball guns, table saws, products containing lead paint and other toxins, asbestos-containing products, airbags, after-market motor vehicle lift kits, dental products tainted with benzene, blood products, blood thinning medications, blood clot filters, prescription drugs (including Baycol, Fen-Phen, and Zyprexa), and medical devices (including denture adhesives, Sulzer hip implants, and DePuy hip implants). Unreasonably dangerous products injure thousands of people every year. According to the U.S. Consumer Product Safety Commission, about 30 million personal injuries and 22,000 deaths are caused by defective products. We are currently investigating and handling the following products liability cases: - Xarelto, a blood thinner causing uncontrollable bleeding events - IVC Filters, which migrate or break and cause internal damage - Takata airbags, which rupture and cause shrapnel injuries - GM and Chrysler ignition switch cases If you have been injured by a defective product, please contact the Virginia products liability attorneys at Phelan | Petty, PLC. 6641 West Broad Street, Suite 406 Richmond, VA 23230 (866) 249-3164 Toll Free (804) 980-7100 Phone www.phelanpetty.com
Views: 98 Phelan Petty
Product Liability Cases
Manufacturers and sellers have a duty of care towards consumers- they should not sell something that could harm consumers, and if a product could potentially hurt someone, there must be explicit warnings on the label. Let McCoy & McCoy research the details surrounding your claim and fight for the damages you deserve! http://www.mccoymccoy.com - (866) 790-7083
Views: 93 McCoy & McCoy
What are examples of product liability cases that Girardi and Keese has handled?
David Lira gives examples of product liability cases handled by Girardi and Keese including automobile, amusement park rides, children's toys, tires and others.
Views: 191 SuperLawyers
How to Know if You Have a Product Liability Case - Scartelli Olszewski, Scranton, PA
http://www.scartelli.com Scartelli Olszewski, P.C. President and Founder and Scranton lawyer, Melissa A. Scartelli, answers frequently asked questions about product liability. In this video, the defective, harmful and dangerous product lawyer provides a response to the following question: How do I know if I have a product liability case and what do I need to know about this type of case? In these situations, it is important for you to consult a law firm that handles product liability cases on a daily basis. Our PA personal injury lawyers will thoroughly investigate and preserve the vital evidence needed when you go to trial against a defective product's designer, manufacturer or distributor. If you or someone you love is involved in a product liability case, call 877.353.0529 now for a free consultation.
Views: 649 ScartelliLawPA
Litigating a Failure to Warn Claim in Product Liability/Personal Injury Cases
On March 6, 2018, at 2:00 p.m. (ET), The TASA Group, in conjunction with product safety expert Gerald Goldhaber, presented a free, one-hour interactive webinar presentation, Litigating a Failure to Warn Claim in Product Liability/Personal Injury Cases, for all legal professionals. During this presentation, Gerald Goldhaber discussed: -Legal vs. practical definition of a warning -When a warning is needed -Legal requirements of a warning -Process of creating/evaluating a warning -Samples of effective warnings and wacky warnings -Different perspectives on litigating a failure to warn claim About The Presenter: Dr. Gerald M. Goldhaber has been the nation’s leading safety warnings and communications expert for over 39 years. Dr. Goldhaber has been the subject of dozens of interviews by leading networks, newspapers, and magazines and has designed warnings for dozens of consumer and industrial products. He is also the instructor of the official digital course of warnings and safety communications for the National Association of Continuing Legal Education (NACLE). Dr. Goldhaber has testified and consulted for lawyers representing corporations or injured parties in over 1,000 lawsuits since 1978 and is currently CNN’s chief analyst for issues dealing with warnings or safety communications. His 11th book, to be published later this year is titled "MURDER, INCORPORATED: HOW UNREGULATED INDUSTRY KILLS OR INJURES THOUSANDS OF AMERICANS EVERY YEAR...AND WHAT YOU CAN DO ABOUT IT."
Example of Products Liability Cases: Metal-on-Metal Hip Implants
George F. Indest III and The Health Law Firm's attorneys lecture a Health Law Administration Class at Webster University. The course introduces the law and legal processes that affect health administration. The course presents an overview of legal principles concerned with torts, contracts, and liability in health administration, including the legal standing of individuals covered by various types of health insurance. Legal elements of labor relations in the health care field and the legal obligations and malpractice law are discussed as they apply to health professionals.
Views: 281 The Health Law Firm
FDA Product Liability Case in Texas
Lawyer Dale Williams talks about a dangerous and defective product case in Texas. Through this product liability case involving the FDA, the attorneys at Williams & Brown LLP were able to bring the dangerous product to the attention of the U.S. Supreme Court, where they prevailed. Visit our website to read more about product liability and how our attorneys can help with your case - http://www.trialfirm.com/practice-areas/product-liability/.
How to spot a product liability claim
In this presentation, Beasley Allen attorney Chris Glover addresses attorneys to provide tips about how to spot a product liability case. Glover has tried product liability claims throughout his career. These cases can be extremely complex and tedious, so it is important to evaluate them thoroughly and correctly. Glover says good first questions for attorneys to keep in mind when evaluating a potential product liability case include whether or not the client has a catastrophic injury, whether the client or attorney has the product accused of causing the injury in question available for examination, and whether or not the claim is within the statute of limitations and statute of repose.
Views: 322 Beasley Allen
Human Factors in Product Liability Cases
On Thursday, July 18, 2013, at 2 p.m. ET, The TASA Group, Inc., in conjunction with human factors expert William Nelson, presented a free, one-hour, interactive webinar, Human Factors in Product Liability Cases for all legal professionals. This webinar was designed to discuss how Human Factors can impact on Human Error, discuss human factors models, and the effect of human factors and product liability. It will address what Human Factors is and the study of the interrelationships between humans, the tools they use, and the environment in which they live. Attendees will learn how these interrelationships effect Product Liability issues such as Design, Engineering, Manufacturing, Maintenance, Instructions and Warnings and Intended and Foreseeable Use and Misuse.
What is a strict liability crime?
What is a strict liability crime? This video discusses criminal laws that do not require the prosecutor to prove that the defendant acted with a culpable mental state. TTo discuss further, feel free to send me an email and to comment below. Also, please visit my website and blog. I offer online tutoring and consultations with discounts for subscribers. website: http://www.uslawessentials.squarespace.com blog: http://www.uslawessentials.squarespace.com/blog email:uslawessentials at gmail dot com Twitter:https://twitter.com/uslawessentials United States Law: An Introduction for International Students is available at: https://www.amazon.com/author/danieledelson
Views: 44042 USLawEssentials
John Gismondi on the Zenith TV Case - Product Liability
Attorney John P. Gismondi is a Pittsburgh, Pennsylvania product liability and wrongful death lawyer. He handles cases from across the state of Pennsylvania and in this video discusses one of the most emotional and heartbreaking cases he has handled in his thirty plus years. This is the case of a Christmas Eve fire that was caused by a Zenith TV that took the lives of several children in Monroeville.
Views: 739 John Gismondi
Who Are the Responsible Parties in Product Liability Cases?
http://www.cooperhurley.com | (757) 455-0077 Consumers have been hurt by a range of products from cars to tires to children's toys. Virginia Product Liability Lawyer John Cooper talks about who you can sue in a product liability case. Call Cooper Hurley at 757.455.0077 or see CooperHurley.com
California Products Liability Attorneys Specialize in Product Defects Cases.
California Products Liability Attorneys http://www.bestattorney.com/products_liability.html Brian Chase, senior partner at Bisnar Chase Personal Injury Attorneys informs accident victims as to what they should do if injured by a defective product. Bisnar Chase Personal Injury Attorneys 1301 Dove Street #120 Newport Beach, CA 92660 800-561-4887
Responsible Manufacturers in Product Liability Cases: Atty. Gerald Baldino comments
Atty. Gerald Baldino comments on responsible manufacturers building and incorporating safer technology into their products. For more information on Attorney Baldino, visit sbattorney.com. For more information, visit LawJournalTV.com.
Products Liability
Views: 1308 hclaw002
Uncovering product liability
Beasley Allen Report host Gibson Vance welcomes his law partner at Beasley Allen, Graham Esdale, to discuss product liability law. Graham began his law practice with the Jefferson County District Attorney's office, working cases involving child and sexual abuse and homicide cases. He says whether working with the victims of violent crime, or practicing product liability law, you are working with people in crisis. In many product liability cases, people are seriously injured or killed, and Graham says it means a lot to him to be able to help people in these difficult circumstances. Product liability cases most often deal with manufacturers who create a defective or dangerous product, and sometimes with dealers and retailers who sell the defective product. Attorneys investigate the circumstances surrounding how a person is injured by a defective product to determine who is at fault for the condition of the product. Many times, injuries on the job or in a single-vehicle accident may be traced back to a defective product.
Views: 1318 Beasley Allen
Toyota Unintended Acceleration Case and Product Liability for Embedded Software
Seminario di Roberto Bagnara, 7 aprile 2016, Dipartimento di Matematica e Informatica, Università di Parma: "On the Toyota UA Case and the Redefinition of Product Liability for Embedded Software" (in Italian).
Views: 551 BUGSENG
Chain of Custody in a Product Liability Case
Product Safety Attorney, Rich Newsome explains what "Chain of Custody" is and how it applies in a Product Liability Case. Legal FAQs, brought to you by Newsome Melton Law Orlando, Florida Based Personal Injury & Product Liability Attorney Rich Newsome, of NewsomeMeltonLaw.com, answers questions that our clients frequently ask. Topics cover personal injury, defective tires and airbags, wrongful death, medical malpractice, Government fraud, class action lawsuits, vehicle accidents, and defective drugs. For more FAQs visit: http://newsomelaw.com/frequently-asked-questions-faq At Newsome Melton, we don't just try cases, we get answers. With a team of the absolute top lawyers on the east coast, you can be sure that your case gets the attention it deserves. Other firms tout their recoveries, but we’re most proud of our “uncoverings” – exposing dangerous products and getting them off the market. Follow on Twitter at @NewsomeMelton https://twitter.com/NewsomeMelton Like on Facebook at @NewsomeMelton https://www.facebook.com/newsomemelton
Who can be sued in a Florida product liability case?
Who can be sued in a Florida product liability case? | Tony Bennett Law | http://tonybennettlaw.com/ | (561) 972-7021 | 601 Heritage Drive, Suite 423 | Jupiter, Florida 33458 The manufacturer of the product and also stores or individuals who put that product out for sale that knew or should have known that there was a defect in the product.
Views: 5 Tony Bennett Law
Chapter 3:  Torts and Product Liability
Chapter 3: Torts and Product Liability Video produced by Newman Law, Olympia, All rights reserved. Not authorized for copy or download
Views: 4859 Shawn Newman
Product Liability Case for Man Injured at the Arcade
In this example of a product liability claim, we talk about a past case we had with a client that was hurt while playing a punching machine at the arcade. Although there were other warnings, the machine failed to warn individuals about the potential danger that could happen to their hand if they punched it at a certain point. This video talks about the case and how it evolved from accusing the manufacturer to settling as a product liability claim. For more information, please contact Galloway Jefcoat Law Firm of Lafayette, Louisiana. Our telephone number is (337)984-8020 or you can go to https://www.gallowayjefcoat.com/
Will I need expert witnesses for my Florida product liability case?
Will I need expert witnesses for my Florida product liability case? | Fine Farkash & Parlapiano, P.A. | North Florida Personal Injury Attorneys | Contact | 352-376-6046 | http://www.ffplaw.com/ | 622 NE First Street, Gainesville, Florida, 32601 Oh most definitely yes. You'll have to have someone say that the item was not up to the specifications necessary. That it was negligently manufactured or negligently designed. In cases involving products' liability, you're going to need experts.