LegalMatch: Personal Injury

Defective Products Examples

What Are Defective Product Claims?

Defective product claims involve products that have caused injury or loss to a consumer of the product. These types of claims generally fall under the category of personal injury laws known as “product liability laws.” This refers to a manufacturer’s responsibility to ensure that their products are free from defects.

In terms of liability, defective products are categorized under three main types: design defects; manufacturer defects, and warning label defects. Each of these categories is associated with different regulations and standards that must be strictly followed by the manufacturer or distributor.

What Are Some Examples of Defective Products?

Some types of products may be more susceptible to defective products claims than others. These are often products that are inherently more dangerous or require special care when using or operating them. Also, the profile of consumers may also be considered when dealing with the safety of products (for instance, products that are intended for use by children or infants).

Some common examples of defective products include:

• Dangerous or defective medicines
• Motor vehicle defects
• Dangerous toys and children’s products
• Defective kitchen appliance and other household items
• Defects related to foods and other food products
• Incomplete or defective mechanic work or other repair issues
• Dangers associated with property or real estate

For instance, a common product defect is where a children’s toy fails to include adequate warning regarding dangerous uses of the product. This might be considered a “warning label” case and could lead to a legal remedy if it causes injury to a consumer.

Are There Any Legal Remedies for Defective Products Claims?

Defective products claims usually result in damages awards for the injured or affected plaintiffs. These generally require proof that the injury was caused by the normal use of the product according to instructions and guidelines from the manufacturer. Alternative remedies may include product recalls, or an injunction requiring the defendant to adjust their manufacturing processes.

Some defective product cases can affect a large sector of the population and may involve significant damages awards. These cases are often filed as class action lawsuits.

Do I Need to Hire a Lawyer for Help with Defective Product Claims?

Defective products can sometimes lead to serious bodily injuries or significant financial losses. It may be in your best interests to hire a qualified personal injury lawyer if you have suffered any injuries or losses due to a defective product. Your attorney can help explain your rights and options under state and local laws. Also, if you need to appear in court or if you need to file under class action laws, your attorney can represent you in court.

Authored by Jose Rivera, LegalMatch Legal Writer

Proving Fault in a Trip and Fall Accident

What Are Trip and Fall Accidents?

Trip and fall accidents occur when a person trips on an object on or near the floor, resulting in injury. The injury usually results from the person hitting the floor, which can cause injury to the person’s hips, back, neck, arms, and other body parts. Trip and fall cases are sometimes called slip and fall cases.

However, “slip and fall” may refer to incidents that involve a slippery or wet floor, whereas “trip and fall” often indicates a fall due to an object. In court, these are both treated similarly under local and state personal injury laws.

Issues to Consider When Proving Trip and Fall Accidents

Proving fault or liability in a trip and fall case can sometimes involve some very technical details. In most cases, trip and fall claims are based on the negligence of the shop owner or business owner. In order to prove trip and fall liability, it’s necessary to show that the defendant owed the victim a duty of care, that they breached this duty of care, and that the breach was the cause of the person’s injury.

Proof of liability can often be provided through evidence such as photos, video, witness testimony, and written statements. Other points to consider in a trip and fall claim may include:

• Length of time that the hazard was allowed to be on the floor: If the object or hazard was on the floor for a long time, it might indicate the defendant’s negligence.
• Extent of the injury: Minimal injuries or losses will often be rejected in a court filing.
• Location of the incident: Sometimes, a person might file a claim for an incident in an area that the premises owner doesn’t have any responsibility for (for instance, on a sidewalk or public walkway); this might relieve the owner of responsibility for injury.
• Whether the defendant had knowledge of the dangerous conditions, and whether or not they took steps to remedy the situation.

What Are Some Legal Remedies for Trip and Fall Claims?

Trip and fall claims often result in a monetary damages award, issued from the defendant to the plaintiff. This will often cover losses such as hospital costs, medical bills, and other expenses. These types of damage may often be subject to state laws that limit damages.

Another remedy may include an injunction, which is a court requirement that the liable party fix or correct the conditions that caused the slip and fall claims.

Lastly, many trip and fall claims may cause the victim to miss work or lose the ability to generate income in the future. The court may consider these factors and issue damages awards for these aspects if needed.

Trip and fall accidents can sometimes result in serious injury and/or losses to the plaintiff. You may wish to hire a personal injury lawyer if you need help filing a legal claim for a trip and fall incident. You lawyer can help you review and file the paperwork that is necessary to process your claim. Also, your attorney can be on hand to represent you during the actual proceedings and hearings that may be involved. 

Authored by Jose Rivera

The Debate over Tort Reform and Legislative Caps

The controversy over personal injury damage caps is consistently traveling through state courts causing increasing debate. In state supreme courts, there are conflicting court rulings on the constitutionality of the legislative caps on punitive damages. Unlike compensatory damages, punitive damages go one step further and are awarded to punish and prevent wrong-doing in the future.

The state courts that uphold the caps often find that there is no violation of a plaintiff’s right to a jury, where that jury is supposed to be deciding all questions of law in the case. However, given the trend in states upholding the caps, there is nothing to prevent the court from completely disregarding the jury’s verdict. This inevitably brings up the question of whether there is a violation of the separation between the judicial and legislative branches of the state governments. Many critics of the caps feel that these courts are refusing to provide a remedy at law and, more importantly, violating the important rights to due process and equal protection.

In some states, jury awards have been cut by 30% or more, at the expense of medical malpractice victims. In California, this result was caused by the Medical Injury Compensation Act. Acts such as this result in institutions, such as hospitals, practicing less caution when treating patients since they know that their liability will not carry heavy monetary consequences.

Additionally, as the debate heats up, the effect on personal injury firms is becoming evident. Lawyers may be hesitant to take on a medical malpractice case given the low awards in relation to the cost in litigating the case, as most are taken on a contingency basis.

Courts that uphold the caps seem to be more interested in protecting corporate entities rather than securing the safety of its citizens. The rationale of these courts is that the legislative caps are “rationally related to a legitimate state interest.” That is, they are assisting these companies to remain of business. This relatively low standard is enough to find the caps constitutional in this context.

Lastly, there is much debate among state legislatures concerning the “collateral source” rule when it comes to personal injury cases. Under this rule, juries are prohibited from considering any other money received by the plaintiff for their injury. This type of compensation can be in the form of the defendant’s insurance policy. Many state legislatures are considering abolishing the rule. If this happens, the result will be essentially the same as applying caps to personal injury cases. Again, state legislatures are protecting businesses from paying the price of their tort liability. And, similar to legislative caps, business are less likely to take preventive measures if they know the insurance policy they have already purchased will cover the injury.

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