LegalMatch: Personal Injury

What Is Products and Services Law?

The law protects both consumers who purchase defective products and businesses that make or sell the products.

The law focuses on enforcing warranties made on personal items, drugs, medical devices, and the like. Further, implied warranties exist to protect consumers regardless of whether the product specifically states coverage. The LegalMatch Law Library has over 240 articles about defective products and services:

• Automobile
• Faulty or Defective Products
• Malpractice Lawyers (Medical, Attorney, other)
• Other Transportation

Many people hire the services of others who are specially skilled. The law determines how to draft a contract between parties for services and what obligations each can be held to. The law of each state also places restrictions on the actions of certain specialized practices, such as attorneys and doctors. Thus, whether you are hiring a contractor to renovate your house, or are looking for an attorney to represent you in a products liability case, the law regulates these relationships.

How to Bring a Products Liability Lawsuit?

If you are injured by a defective product, the resulting product liability lawsuit can be based on several different legal theories. First you must prove that you have been injured or suffered some type of injury or damage from the defective product. A user of a product injured by a product defect can bring a claim under a strict liability theory or a negligence theory.

Strict Liability

In a strict liability claim, a plaintiff must prove:

1. A product left the manufacturer, seller, or retailer in an unreasonably dangerous condition or with an inadequate warning.
2. The manufacturer, retailer, or seller expected that the product would reach the stream of commerce.
3. The plaintiff’s injury was caused by the defective product.

Negligence

In a products liability claim based on negligence, a plaintiff must prove:

1. The defendant owed the plaintiff a duty of reasonable care under the circumstances.
2. Defendant breached the duty of reasonable care owed to the plaintiff.
3. The defendant’s breach was the actual or proximate cause of the plaintiff’s injuries.
4. The plaintiff suffered damages.

Should I Contact an Attorney?

Product liability claims can be very complex and in order to determine when you must file a products liability claim against the defendant or if your claim is valid, you may want to contact a personal injury lawyer who specializes in products liability claims.

Personal Injury Lawsuits From The Lawyer’s Perspective

I sat down recently with my friend George for lunch.  He’s a personal injury attorney and as such, I’ve come up with a multitude of nicknames for him thanks largely in part to the advent of the internet.  George hates the names I call him: ambulance chaser, waiting room attendant, and of course, Ted. 

But that day he took them especially bad.  He yelled back at me that just because he deals in personal injury, that doesn’t make him a scumbag.  Egging him on, I jokingly responded back, “But isn’t that the definition of a personal injury lawyer?”  To my surprise though, George’s response helped clarify a lot of the common misconceptions me and a lot of people, especially potential clients, have about personal injury lawsuits.  It also made me see how really freaking hard it must be to land clients as one.  Anyway, here are five of the best ones IMHO.

1.      Contingency Fee Agreements – “We Lose, You Don’t pay”

By far this is the biggest misconception most people have about personal injury lawyers.  And it makes sense.  In our modern society of identity theft, ebay shipping cost scams, and the age-old parentally driven notion of “no free lunch,” it’s hard to believe that any good deal could come without a catch.  But really, in this case it’s actually true (unless the lawyer is actually a thief, of course).  Attorneys have an ethical obligation to not only tell clients how much they’re going to charge and for what, but also a responsibility to be honest about it without any of the hidden fees stuff.  So if an attorney says there’s only going to be a fee if they win, they’re telling the truth because they have to.

2.      Employee Injury Lawsuits Will Get You Fired

I believed this one for the longest time, too - until I went to law school, that is.  Not only is it untrue, but it’s also illegal for an employer to fire an employee for bringing a lawsuit against them.  Such a dismissal could give way to a wrongful termination lawsuit.  Though chances are that you’ll probably not want to work under an employer who you’ve tried to sue or who has tried to unjustly fire you, but such is life.  However, regardless of whether you decide to pursue that type of legal action, if as an employee, you’re hurt on the job because of something that your employer did wrong or negligently, you have a right to compensation.  Which bring me to the next misconception . . .

3.      Personal Injury Lawsuits Are A Drain To The Legal System And Another Way To Blame Someone Else

A lot of George’s clients think this, either when they first seek counsel from him or later on when the litigation is taking longer than what was originally expected.  The reality is that such lawsuits do put a burden on the court system.  But that is what the system is there for; not only that, but court fees must also be paid by the parties involved in the lawsuit.  And as far as assignment of blame goes, sure there are a lot of people who misuse the civil legal system just to get money and point the finger.  But all you have to do to fix it is just don’t be one of them and bring only lawsuits that you believe are truly valid.  Furthermore, the larger injustice would be letting a wrongdoer get away with their actions.  I mean, you probably wouldn’t want to let a guy who just robbed your house at gunpoint to walk free just because it would mean he’d be placed behind bars, would you?

  4.      Ambulance Chaser 

Personal injury lawyers get this especially hard.  The name implies that these types of attorneys don’t care about their clients and only want to make money.  Well, the truth is that being a lawyer, like any business, is still a business and like any good business, it requires earning money in order to survive.  But that doesn’t mean lawyers don’t believe in or care about who they’re representing.  And even if they don’t, lawyers still have an ethical duty to do the best job they can at representing their clients.

5.      Winning Personal Injury Lawsuits Are Easy

This one is sort of the bastard stepchild in the personal injury myth family.  Everyone isn’t sure how it got there, but for some reason everyone believes it’s in the right place.  Though some attorneys’ advertisements may make you think otherwise, personal injury lawsuits aren’t necessarily always slam dunks.  Sure, if you get a hit by a car in front of a slew of cameras and police officers you’re probably in for an easy win.  But most of the time, you’re probably in for a fight, which is why you’ll need a good attorney.

Got anymore misconceptions you want to talk about?  Hit me up in the comments section below.

By: Andrew Dat

Explaining The Gross Negligence Lawsuit

Ever wonder how people who do stuff like this or this or this not only get away with it without being hauled off to the loony bin, but in many case actually have a legal leg to stand on that allows them to be awarded millions of dollars? It's one of the most common questions I get regarding the law and it's no surprise why, in case you missed it earlier, millions of dollars. It's also one of the most hotly contested aspects in the legal world. Why you ask? Again, millions of dollars.

In case you haven't figured out the answer to my first question or what I'm talking about yet, I'm referring to a little something call "gross negligence" which is the legal basis used to secure the aforementioned millions of dollars for all of these types of lawsuits. What is it and how does it work, you ask? Excellent question, I'll get to it right now, but if you're too busy or lazy to read on click here to get the bullet pointed version.

RICKROLLED SON!!! I've got to get those in while I can before YouTube starts pulling his videos. Geez, people will pull even the crappiest creative/intellectual properties once it gets popular enough. That almighty dollar…always ruining everyone's good time…

Anyway, back to the law. Gross negligence is a legal doctrine that allows people who have been injured or wronged by the actions or inactions of a tortfeasor, which is a fancy legal word meaning a person whose wrongful act causes injury to another hence the term "tort law." And in tort law there are basically two ways to establish a lawsuit against another party: either through a lawsuit for intentional harm (where someone acts to intentionally hurt you, such as a person punching you in the face) or unintentional harm AKA negligence (where someone's actions accidentally causes you harm). An example of unintentional harm would be someone wanting to punch your friend, who is standing in front of you, in the face and right before the punch hits your friend, he ducks and you get your clock rocked instead. That's negligence in a nutshell.

But what makes it complicated is when this principle is used to assign blame to a mall owner because you fell on a wet floor in their mall. It's also what makes companies like McDonalds and Starbucks put warning labels on their cups of coffee telling you the coffee is hot. In fact it's what makes companies put stupid labels on things, period.

"So how do you assign responsibility to someone who didn't actually cause you harm?" is your next question. I'm psychic, that's how I knew. Basically you go through the five elements of negligence: duty, breach of duty, causation, proximate (foreseeable) causation, and harm. If the lawsuit fulfills each of the elements then you've got a case for negligence.

Take the McDonalds coffee case: the plaintiff there claimed McDonalds had a duty to warn its customers that their coffee was very hot. They breached their duty by not including a warning label. When the woman dropped her coffee, it caused her severe burns, which was a foreseeable consequence of McDonald's failure to warn her that the coffee was hot. This resulted in harm to the plaintiff by way of burns.

Seem very convoluted to you? Well, that's how arguably much of the law works in America. It's also why we have so many frivolous lawsuits in this country. But don't get me wrong, negligence liability is a sound legal doctrine. Without it, travesties like harm from asbestos, polluted water sources, and all other manner of corporate and personal wrongdoing would go uncompensated and unpunished. Negligence lawsuits ensure that things like that don't happen. All I'm saying is, try not to abuse it people.

Ford Vehicle Fires.

Imagine being woken up by the sounds and smells of your house on fire.  This is an all too common story for many.  The cause of these fires… their beloved Ford vehicle parked in the garage.  It seems that there is a defective cruise-control switch found on many of these vehicles that is causing this devastation.

In March 2005 the National Highway Traffic Safety Administration (NHTSA) opened a second investigation focused on the cruise-control switch that may effect upwards of 3.7 million Ford vehicles.  The first investigation conducted by the NHTSA resulted in the recall of almost 800,000 vehicles in January 2005.  Ford has recalled more than 1 million vehicles through two separate recalls, the first in May 1999.  This may seem like a lot of vehicle recalls but in actuality industry estimates state that approximately 16 million vehicles have the same or similar switches installed in them. 

And what is Ford’s response to this?  A Ford spokesman stated, “We have not determined at this time that there is a defect with the switch, but for reasons we still do not understand the switch is failing…and we are trying to understand why.”  To those whose vehicles were recalled Ford sent this message, the “switch may overheat, smoke or burn which could result in an underhood fire.  This condition may occur either when the vehicle is parked or when it is being operated, even if the speed control is not in use.” 

Many of these fires result in only structural damages to the vehicle and surrounding property (homes, other vehicles etc.) but others who get caught in these fires lose much more.  There have been reported injuries such as severe burns and even fatalities.  To find out more about burn injuries and the remedies available visit LegalCenter.  While Ford tries to understand why their vehicles are causing injuries and damages many people are seeking compensation in courts of law across America.  At least 40 Ford owners have actually filed lawsuits against Ford while many more are engaged in settlement talks. 

In Florida, two class-action lawsuits were filed against Ford.  These are significant because they are the first class-action suits filed regarding the defect.  Now a judge must decide whether to allow the suits to go forward with the class action distinction.  If the judge allows these suits to remain class-action in nature then anyone who owns a Ford with one of the alleged defective switches can join the suit.  No matter the decision of the judge one thing remains certain.  If the switches are determined to be defective then Ford will be liable for the injuries and damages caused by their vehicles.  Read more about Automobile Product Liability.

By Lisa Zanassi

Problem with SUV Rollovers.

It seems with all of the bad press that SUV’s get for their gas guzzling in this era of historically high oil prices, people forget that an even better reason for not owning an SUV is their high propensity for rolling over and injuring the passengers inside.

A lot of people might wonder why SUVs are more dangerous than a car, but the fact is that more roll-over accidents occur in SUVs than in any other type of vehicle on the road. Just look over any news websites and you’ll see the specific dangers with SUVs and rollover accidents. 

The practical advice for those not owning an SUV and want to avoid this type of accident is simply not to purchase one. However, sometimes it seems like automakers have been less than willing to disclose the exact dangers that are inherent in their SUV’s design. So, unfortunately, one must sometimes go to outside public resources to get the real information on these vehicles and to have some of their basic questions answered. But what happens when you unknowingly bought an SUV or were misled by the promises of some auto salesperson or commercial and have suffered injuries in a roll-over collision?

Well, just as the sales of SUVs increased, the number of roll-accidents also increased, prompting increased pressure from the public and the emergence of a whole area of law specializing in these types of personal injury accidents. Researching this topic further, it seems that unless there is a major re-call or a dangerous mechanical defect within a car line that results in a class action suit against a major car manufacturer, most of these cases emerge from specific accidents in which the victims seek damages for injuries, property damage, or wrongful death. Sometimes in the case of extreme negligence by the automaker, the injured party may be awarded punitive damages and attorney fees.

While the damages in these cases usually depend on the circumstances of the accident and the severity of the injuries, a lot of these lawsuits lead to very substantial settlements or jury awards. So what does a person do when they are confronted with the prospect of entering into this type of a lawsuit? First, it seems with all of the expertise out there with this specific type of accident, it would seem wise to contact an attorney that has worked on this type of case before, or who is at least experienced with handling suits against large corporations for product defects.

By Evan Anderson