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barbarasni357   , 46

from Wedowee

Legal :: Product Liability - The Four Factors Needed to Make Your Case

Product liability works differently then most other personal injury cases. The law has laid things out so that in almost all cases the manufacturer is liable for injuries caused by their product - known as "strict liability." This is standard across all states as a means of protecting the consumer.

Why do the consumers need protecting? Because without the protection of strict liability, consumers would have to face an expensive product liability lawsuit whenever an injury happens. This is simply not fair. How can a consumer prove that that particular product was defective as a result of the manufacturer's carelessness? Secondly, how can the consumer be shown as being careless themselves unless they are obligated to closely inspect ever single product ever purchased?

So what does strict liability actually mean? With product liability the law has taken the negligence factor out of the equation. Unlike other situations, the only thing that matters is causation. In simple terms, if a product caused the damages then the manufacturer is negligent.

There are four factors you need to solidify your case:

1. The product had to be unreasonably dangerous.

2. The product had to have been used in its intended fashion.

3. The product couldn't have been greatly altered from its original condition.

4. The user could not have been previously aware of the defect.

Unreasonably dangerous means that it is okay for a product to have dangers as long as they are understood and necessary. If you burn yourself on a toaster's element the manufacturer will naturally claim that it is reasonable for the toaster to get that hot. If, however, the toaster had an electrical problem and caught fire then your burns were sustained due to an unreasonable danger; in this case it is a product defect.

Strict liability won't apply if you were using the product in a way the manufacture didn't intend. If someone used a screwdriver to pry open a bottle cap and cut themselves as a result, the manufacturer of the screwdriver couldn't be held responsible. If the screwdriver injured someone because it broke while they were tightening a screw then strict liability would apply.

Things can often be subjective when it comes to a product being altered. Product liability law says that you can't adjust a product significantly. If your alteration was https://www.lawyer.com/brockport-lawyer-ny_1.htm something unforeseeable by the manufacturer or something that changed the way https://www.youtube.com/watch?v=rwfxtLg6ZUk the product worked, you wouldn't be able to win your case.

In a product liability lawsuit the manufacturer will often try to show that you knew there was a defect before using the product. Auto manufacturers will go to great lengths to let their customers know when a defect is discovered. Often someone will see that their appliance is sparking but will continue to use it anyway. In either case, if the manufacture can show that that knowledge was there then the manufacturer's defense will be greatly strengthened.

Product liability applies to anyone using the product. They do not have to be the original purchaser. If the product was purchased from a store that regularly deals with that type of item then that store can also be held liable."

Lawsuit: Duke, UNC agreed to not hire each other's doctors

Duke University and the University of North Carolina at Chapel Hill are legendary sports rivals, but a federal antitrust complaint says there's one area where the elite institutions have agreed not to compete: The market for https://www.youtube.com/watch?v=rwfxtLg6ZUk highly skilled medical workers.

A former Duke radiology professor has alleged there's a conspiracy between the https://www.rocketlawyer.com/legal-advice.rl two universities' medical schools and hospital systems, an agreement not to poach professors, and this limits or even eliminates the ability of these workers to earn higher pay.

Lawyers for Dr. Danielle Seaman are asking a federal judge in Greensboro on Thursday to make her case a class-action, representing thousands of faculty, doctors and nurses.

U.S. District Judge Catherine Eagles also will consider a proposed settlement with UNC that will enable Seaman's lawyers to focus their litigation against Duke.

Teresa Giudice suing her bankruptcy lawyer for $5 million

The lawsuit filed -- as well as obtained through ET -- inside the Manhattan Supreme Court in Tuesday claims which Kridel prepared inaccurate amendments, mishandled your bankruptcy filing as well as ultimately failed to prepare Teresa to get a meeting with the federal Bankruptcy Court trustee and creditors.

After the particular courts sentenced "The Real Housewives associated with New Jersey" star in order to 15 a handful of months throughout prison after the lady and also her husband Joe Giudice were convicted upon fraud charges, Teresa has become suing attorney James Kridel -- whom represented the woman's during your ex 2009 bankruptcy filing -- regarding $5 million.

Teresa Giudice is actually blaming the girl lawyer on her behalf upcoming jail time, and is getting legal action.

Guidice is usually to statement for the Federal Correctional Institution, Danbury -- exactly the particular same facility which inspired the actual hit Netflix display "Orange is the New Black" -- about Jan. "Teresa as well as the woman's circumstances tend to be probably the actual most difficult," the lady told ET. Wendy claims the actual TV personality refused to consider your ex advice. Just About All rights Reserved. 5. Your Ex husband Joe continues for you to be sentenced for you to 41 weeks within prison and can serve his time once his wife will be released. Accomplish you think ×¢××¨× ××× ××צ×× ×פ××¢× ×ª× ×××× Teresa ought to sue the woman's bankruptcy lawyer? sound off inside the remarks as well as tweet #ETnow.

© 2014 CBS Interactive Inc. The Actual split within sentencing is really certainly 1 of these can easily look right after their own 4 small daughters.

The couple filed bankruptcy in 2009, declaring they had $11 million inside debt. in the particular 39-count indictment, Teresa and also Joe were accused involving hiding assets when they submitted ××נק their Chapter 7 petition.

While Teresa can be blaming the girl conviction on her former lawyer, ET's Kevin Frazier sat down with almost all the reality star's former crisis manager, Wendy Feldman, whom believes Teresa's complaints are the woman's https://www.youtube.com/watch?v=AT5IyI-3DV4 own. "I inherited any mess.". Although his or her filing ended up being dropped inside 2011, this p

Since 1980, Injury Claims Rise As Auto Accidents Decrease.

Safety measures are generally responsible for the drop within the frequency of

auto accidents, mentioned Elizabeth A. Sprinkel, senior vice president associated with the

Insurance Study Council. Also, Massachusetts had the actual highest

rate regarding bodily injury claims, together with at 2.29 for each 100 insured cars compared

with North Dakota, that have the lowest at 0.20.

While the particular variety of auto accidents within the united States has

decreased over the past 20 years, drivers associated with accidents are עורך דין לדיני תעבורה בפתח תקווה usually more

likely to become able to file injury claims, according to majority regarding folks simply by the

Insurance research Council, Malvern, Pa.

Measured by simply property-damage claims, auto accidents nationwide fell

by 17% via 1980 in order to 1998, according towards the study. The Lady cited safer vehicle designs and roads, as

well as campaigns against drinking and also driving.

Still, the particular increase within the variety of those who declare injuries

still remains the significant concern, the girl added.

Auto claim Rates

These kinds of charts demonstrate the actual states with

the actual highest prices of auto injury and

property-damage claims within 1998.

Bodily Injury Claims [*]

Massachusetts 2.29

Louisiana 2.08

District involving Columbia 1.95

Rhode Island 1.85

Nevada 1.82

California 1.74

Arizona 1.63

Texas 1.60

Maryland 1.58

South Carolina 1.54

Property Damage Claims [*]

Massachusetts 7.06

District regarding Columbia 5.89

Rhode Island 4.95

Texas 4.85

New York 4.64

Maryland 4.62

Louisiana https://job-descriptions.careerplanner.com/Lawyers.cfm 4.59

Georgia 4.53

Connecticut 4.46

Utah 4.46

(*.)Claims per one hundred insured cars.

Source: Insurance Study Council

To gather results, the Insurance Analysis Council tracked changes

in auto accident and also injury prices annually for the entire United

States, as well as for every state and then any https://www.youtube.com/watch?v=rwfxtLg6ZUk territories within your states.

It also adopted declare expenses for the entire country and also each as well as every state from

1987 in order to 1997.

In the same period, bodily injury claims resulting via those

accidents increased 33% to become able to 1.17 for each 100 insured cars nationwide within 1998

from 0.88 in 1980, the study reported. North Carolina ranked 18th inside bodily injury claims

with 1.22 per 100 insured cars as well https://www.kiwibox.com/snottyluna658/blog/entry/138812875/tips-on-handling-car-accident-injury-claims-with-your-ins/ as 41st throughout property damage along with 3.56 per

100 cars.

In addition, the analysis found that accident as well as injury rates, as

well as declare costs, greatly varied via state to be able to state. Nevertheless the research additionally found that the

injury rate had "recently proven indications of improvement." The

injury price offers continued to decline coming from its highest point involving 1.22 in

1995, the research said.

New York ranked 39th inside bodily injury claims, along with 0.79 for each 100

cars; it ranked fifth throughout property-damage claims, having a price associated with 4.64 per

100 insured cars. Texas ranked eighth within bodily injury claims, together with 1.60

per one hundred insured cars, and fourth inside property-damage claims together with 4.85 per

100 insured cars. Regarding example,

Massachusetts had the particular highest accident rate in 1998, using 7.06 property

damage claims per one hundred insured cars. Wyoming within the exact same yr had the

lowest rate, at 3.05 for each one hundred cars. Auto accidents dropped

to 4.09 for each 100 insured cars within 1998 through 4.94 inside 1980.

Ten Great Lawyer Movies

corruption inside any 1 of these elements brings down the delicate system and tends to end up being able to make pertaining to fantastic plots, great characters, great suspense, great faith within our system! Hope just about all movie buffs enjoy!

4. Within Cold Blood, 1967

1. A New Cry in the Dark, 1988

. However categorized like a "courtroom drama"? That Will AFI selection sparked my interest for you to highlight a variety regarding lawyer plots, characters, etc. 12 Angry Men, 1957


Movies with regards to lawyers, concerning lawsuits, the עורך דין לענייני משפחה בחיפה good and furthermore the bad...which is actually which, sitting in tables parallel and also equal just before the judge, a jury... Witness for your Prosecution, 1957

3. is there anything more patriotic, more completely USA, as compared to obtaining almost all engrossed inside a lawyer flick? Our court system, the actual concepts of justice, due process, protecting-the-rights-of-society prosecutors, your filled-with-hope valor parallel for the https://www.youtube.com/watch?v=K3YIIEEdE9U/ creeps-slipping -through-loopholes involving USA's innocent-until-proven-guilty code, a viable defense, probably the particular most ethical as well as upright regarding judges, indisputable evidence, reliable witnesses -- or or else not... Now, KvK is a fantastic film, and something I've currently covered inside yet another column (click here to determine more on KvK). Kramer, 1979

First, here tend to be AFI's selected top Ten Courtroom Dramas. to Kill any Mockingbird, 1962

6. Judgement in Nuremberg, 1961

7. the Verdict, 1992

2. Anatomy of the Murder, 1959

9. Only an inventory here, while you could probably get all the details you want with http://www.afi.com/10top10/.

The American Film Institute's recent television unique outlined it's Top Courtroom Drama movies.

5. a Few good http://www.mass.gov/courts/selfhelp/family/divorce.html Men, 1992

8. Kramer vs. Kramer. Nine involving their ten created perfect perception for your category, but certainly 1 of their options for best "Courtroom Drama" ended up being Kramer vs