Archive for January 2017

You Have Rights Against Defective Products

Most homeowners out there do not know that there are many dangers associated with using products of a substandard quality. Based on information offered in the US, around 20,000 people die every single year and around 30 million are injured because of the defective products. Most of the cases will lead towards product liability claims with the purpose of recovering damages or simply getting reimbursements to cover expenses and losses.

According to defective products attorney, Christopher Ligori, a defect can appear in absolutely every single product that may be used by an individual. A simple flaw can appear when constructing a chair or an electronic appliance can explode due to faulty wiring. Product liability law is going to cover injuries happening due to a faulty product. However, when you use the product improperly, the compensation will not be offered. You have to understand a lot about defective products and the types that exist.

Product Defect Types

We can categorize the product defects based on the manufacturing phase when the problem appeared or the handling defect that leads to deficiency. We thus have the following important categories:

  • Design Defects – These happen before a product is created or during the product planning stage. Such a defect normally appears because the manufacturer wants to create something fast, an item that is visually appealing but that is not that operational. Safety standards are basically disregarded as design happens.
  • Manufacturing Defects – The defects will appear during production or the product assembly development phase. The fact that design is manually done or machines are involved does not count. Product testing basically appeared in order to avoid such manufacturing defects. If testing is not properly implemented in manufacture, huge problems can appear and even recalls will be needed.
  • Marketing Defects – These defects appear during distribution or selling. Although one product is proven to not have defects in manufacturer, an improper handling or delivery can easily damage it. Such a mistake will fall under distributor or seller responsibility.

Legal Actions Available

Product liability law basically guarantees that consumers are protected in the event they died or were injured due to a product defect. This means you can file a lawsuit against retailers, wholesalers or manufacturers, based on the type of product defect that cause the injury. The only problem is that it is the responsibility of the injured party to prove that the cause of the injury was a product that was defective. If the proof is sufficient, financial compensation to cover the following is offered: wages that are lost, medical treatment costs, rehabilitation costs, suffering, pain, property damage, emotional distress, mental distress and other expenses or losses that are connected to the injury.

Facts Of Interest

The problem is that filing the product liability claim is something that is complicated. There are many laws that have to be respected so it is a very good idea to hire an attorney that has experience with such cases. The fact that you are right does not actually mean that you are going to receive the compensation in an automatic manner.

How to Assess Your Likelihood of Success for an Injury Claim

If you have suffered an injury – such as a burn injury in the workplace, a broken leg due to a road traffic accident, or more – and you know that another person or entity is responsible for your injury, then you may be entitled to compensation. But how can you properly assess your chances for a successful claim? Here’s how to effectively determine if you have a realistic chance to receive compensation: the top factors which will affect the success of your claim.

Some prerequisites for success

For you to win a claim for personal injury and receive the compensation you deserve, there are some prerequisites which need to be fulfilled. You need to be able to demonstrate, for instance, that there is an actual entity – it could be an individual, an organisation, or a company – from which you can make a claim.

Another prerequisite for a successful claim would be your ability to show or demonstrate that this person or entity has an obligation or ‘duty of care’ to you and that they were negligent or failed to fulfill their responsibility or duty.

You also need to demonstrate or prove that your injury was sustained as a direct result of that particular accident.

image00For you to demonstrate all these prerequisites, you need help from a good solicitor. The solicitor will help you gather as much evidence as you can so you can build a strong case. The proof or evidence you need should also consist of photographs, statements from witnesses, and the like.

Are you likely to win?

 

If your solicitor is able to show that the other side was amiss in their duty and is to blame for your injury, then you are more than likely to have a successful claim.

One notable fact is that even if you may be partially responsible for the accident – if, for example, you wrongly operated workplace equipment or knowingly worked without proper protection and suffered a burn injury – you may still be eligible for compensation. The insurance company will simply decide on the amount of compensation you deserve whilst taking into consideration your role in the accident. Fortunately, a good number of cases, especially compensation for burns, are often settled outside the court, which means that you can receive your compensation either through the insurance company of the defendant or from the defendant themselves.

Keep in mind, however, that it might take longer for your claim to be processed if the defendant is not willing to accept blame or responsibility for the accident (and consequently, your injury). But if you remain strong in your conviction and can present enough evidence, all it takes is a bit of patience and perseverance and you will get the compensation you deserve in the end.

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