PRESS-NEWS.org - Press Release Distribution
PRESS RELEASES DISTRIBUTION

Product liability: defending against claims of unsafe goods

The area of law governing civil litigation of claims for injury from dangerous or defective products is called products liability.

2014-03-25
March 25, 2014 (Press-News.org) Product liability: defending against claims of unsafe goods

Article provided by Adler, Cohen, Harvey, Wakeman and Guekguezian, L.L.P.
Visit us at http://www.adlercohen.com

In our modern lives we are all dependent on manufactured products and rely on responsible, reputable manufacturers to keep those goods safe for our use. Because some companies have not historically lived up to their duties to keep the public safe from dangerous or defective products, laws and government agencies play a big role in setting safety standards, managing recalls and allowing individuals harmed by such goods -- physically and in their property -- to sue manufacturers and sellers for money damages.

Dangerous product lawsuits

The area of law governing civil litigationof claims for injury from dangerous or defective products is called products liability. The usual reasons for injury from exposure to or use of a product fall mostly into these categories:
-Design defects
-Defective manufacture
-Failure to warn of potential danger or to provide instruction for safe use
-Misrepresentation

From small, local manufacturers and sellers to large, national and international ones, each company that puts manufactured goods into the stream of American commerce must comply with product safety and product liability laws, state and federal. Some laws apply across the board to most types of products and some types of goods are even more tightly regulated if they have the potential to cause serious injury or death or if they are inherently dangerous.

While laws differ to some degree among U.S. jurisdictions, the more common legal theories of product liability are:
-Negligence: a seller or manufacturer has the duty to take reasonable care not to sell or create a good that creates an unreasonable risk of injury to foreseeable users of the product
-Strict liability: in some situations a manufacturer may be automatically liable for injury caused by one of its products that was defective even if the manufacturer took reasonable care
-Breach of express or implied warranty: a seller or manufacturer may be liable for injury caused when a product was not of the same specification or condition as had been affirmatively represented it would be; or for injury caused when a product is not "merchantable," meaning defective or not fit for its ordinary purposes; or for injury caused when a seller knows the buyer is going to use the product for a particular purpose and it is not fit for that purpose
-Misrepresentation: a seller or manufacturer may not misrepresent qualities of a product relating to safety, performance, safe usage and more.

Product liability defenses

It is crucially important for a manufacturer or seller to engage an experienced product liability attorney to mount a critical defense on its behalf. Depending on the jurisdiction and circumstances, some potential defenses include:
-Consumer misuse of the product
-Product alteration
-Consumer assumption of risk of use
-Consumer acted negligently in how he or she used the product
-Expiration of a product's safe life
-Consumer ignored directions or warnings
-Manufacturer complied with "state of the art" in all aspects of making the product
-And more

Highly skilled legal counsel can also launch a thorough investigation into the incident on behalf of the manufacturer or seller, including consultation with scientific experts in the relevant product field and medical experts. A civil litigation attorney can assist a defendant manufacturer or seller in negotiations to potentially settle a product liability claim, and defend the case vigorously in court, if necessary.

Long before being sued for product liability, a knowledgeable product liability litigator can assist a manufacturer with creating or disclaiming warranties; writing instructions, warnings and product manuals; complying with adverse event reporting requirements to government agencies; understanding when product recalls are necessary and following correct recall procedure; and more.


ELSE PRESS RELEASES FROM THIS DATE:

The impact of divorce on business ownership

2014-03-25
The impact of divorce on business ownership Article provided by Anthony C. Williams & Associates, PC Visit us at http://www.anthonywilliamslaw.com Many married couples own and operate small businesses together. Both spouses perform essential functions to ensure that the business is able to maximize its profits. The couple may spend a great deal of their time and money trying to keep the company running as efficiently as possible. When one of these spouses decides to get a divorce, the entire process can quickly become very complex. The parties may not have ...

Missouri breathalyzer results may not be considered valid

2014-03-25
Missouri breathalyzer results may not be considered valid Article provided by Featherston Law Firm Visit us at http://www.mocriminallawattorney.com When law enforcement officers use breathalyzer tests to determine whether a motorist is driving under the influence of alcohol, they are required to first test the breathalyzer to ensure it produces accurate results. The guidelines for testing breathalyzers in Missouri are established by the Missouri Department of Health and Senior Services. In late November 2012, the regulations governing the testing of breathalyzers ...

Grandparent rights of custody and visitation in Texas

2014-03-25
Grandparent rights of custody and visitation in Texas Article provided by Law Office of V. Wayne Ward Visit us at http://www.wwlawman.com/ Under the laws of Texas, parents have the right to decide virtually any issue regarding the care and custody of their children. Included within this right is the right to control the access that other family members have to their children. Unfortunately, this also includes the grandparents of the children. As a result of this right, grandparents do not have an absolute right to custody of their grandchildren. However, situations ...

Foreign Account Tax Compliance Act forces Americans to divorce the U.S.

2014-03-25
Foreign Account Tax Compliance Act forces Americans to divorce the U.S. Article provided by M. Bradford Randolph, Esq., PLLC Visit us at http://www.mbrlawfirm.com/ Did you know that several U.S. citizens residing in other countries are letting go of citizenship in America in an effort to avoid harsh tax filing responsibilities? The problem is the difficult and complex tax reporting mandates from authorities. According to USA Today, there are approximately six million U.S. citizens living in other nations. Moreover, the Internal Revenue Service suggests that U.S. ...

Tax season is here, so which parent gets to claim the kids if divorced?

2014-03-25
Tax season is here, so which parent gets to claim the kids if divorced? Article provided by Mullins Law Firm Visit us at http://www.mullinslaw.net With April 15 just weeks away, tax season is indeed in full swing. However, as people begin to wade through the myriad of tax laws and regulations as they prepare their returns, there is one question specific to divorced parents that must be answered: Who gets to claim the dependency exemption for the children? The resolution of this particular matter can have significant financial implications for the parents, especially ...

GoodGirlPR is the PR Firm of Record of Grab the Gold

2014-03-25
As an avid supporter of fitness and healthy living, GoodGirlPR is pleased to work with Grab the Gold, Inc. as its public relations firm of record. "We only accept clients that we truly believe in, and we absolutely love the taste and texture of Grab the Gold. It's gluten-free and the perfect snack for the busy publicist on the go," says Nickie Robinson, President of GoodGirlPR. The mission of Grab The Gold, Inc. is to create delicious, high quality snacks while upholding impeccable customer service. The scrumptious chocolate peanut butter oatmeal snack has a very ...

JS Crockett Consulting Offers a Nonprofit Start Up Solution That Is Great for Super Busy Professionals

2014-03-25
JS Crockett Consulting, a nonprofit consulting company, has offered this signature nonprofit start up service since 1997 with the goal of helping busy executives, professionals, and retirees complete the foundational process of obtaining tax exempt 501 c 3 status and to do this in a way that would be easy for them. With this service, clients are able to continue with their daily activities while allowing JS Crockett Consulting to take care of 95% of the process. All of the clients that have used this service have been approved to-date. Although JS Crockett Consulting ...

Innovative London Stage School Promotes Support For 'The Rights of The Child' With An Inspirational Music Video Release

2014-03-25
Inspired by the work of UNICEFs 'The Rights of The Child' Convention and funded by Tower Hamlets Youth Opportunity Fund, the 'Young and Talented' students combined creativity, energy and talents together in collaboration with a team of professionals, to create a music video featuring young performers from 10 different nationalities! With this year marking the 25th anniversary of a promise to campaign for children's rights, UNICEFs 'The Rights of The Child' convention has made amazing progress to improve and better the lives of children everywhere. However in an ever ...

Play Hard Playbook Now features an Events Calendar for Young Professionals

2014-03-25
The blog Play Hard Playbook has expanded its offerings for professionals to include an Events Calendar. Play Hard Playbook does all the searching for professionals to find events that fit their interests for them. The Events Calendar covers topics including The Arts, Social Fun, Family Activities, Networking, and Home and Living events. Houston is a big city and it can be difficult searching through all the different sites and resources to find events catered to both work and fun events. By bringing the Events Calendar to Play Hard Playbook readers can get more detailed ...

Glitzy Glow Signs Management Deal With Independent Ear Productions

2014-03-25
Swedish Metal Band Glitzy Glow (GG) as of March 15, 2014 signed an international management deal with Independent Ear Productions (iEP) an Independent Artist Management Organization out of Rockford, IL. Glitzy Glow has been tearing up stages since 2006 with their own special blend of metal! Independent Ear Productions has been rapidly growing their name in the independent music scene since 2011. Through a mutual connection at a radio station (106.7 Hot FM) in Mildura, Victoria, Australia they were introduced to one another & the rest is history... as they say. Through ...

LAST 30 PRESS RELEASES:

Pink skies

Monkeys are world’s best yodellers - new research

Key differences between visual- and memory-led Alzheimer’s discovered

% weight loss targets in obesity management – is this the wrong objective?

An app can change how you see yourself at work

NYC speed cameras take six months to change driver behavior, effects vary by neighborhood, new study reveals

New research shows that propaganda is on the rise in China

Even the richest Americans face shorter lifespans than their European counterparts, study finds

Novel genes linked to rare childhood diarrhea

New computer model reveals how Bronze Age Scandinavians could have crossed the sea

Novel point-of-care technology delivers accurate HIV results in minutes

Researchers reveal key brain differences to explain why Ritalin helps improve focus in some more than others

Study finds nearly five-fold increase in hospitalizations for common cause of stroke

Study reveals how alcohol abuse damages cognition

Medicinal cannabis is linked to long-term benefits in health-related quality of life

Microplastics detected in cat placentas and fetuses during early pregnancy

Ancient amphibians as big as alligators died in mass mortality event in Triassic Wyoming

Scientists uncover the first clear evidence of air sacs in the fossilized bones of alvarezsaurian dinosaurs: the "hollow bones" which help modern day birds to fly

Alcohol makes male flies sexy

TB patients globally often incur "catastrophic costs" of up to $11,329 USD, despite many countries offering free treatment, with predominant drivers of cost being hospitalization and loss of income

Study links teen girls’ screen time to sleep disruptions and depression

Scientists unveil starfish-inspired wearable tech for heart monitoring

Footprints reveal prehistoric Scottish lagoons were stomping grounds for giant Jurassic dinosaurs

AI effectively predicts dementia risk in American Indian/Alaska Native elders

First guideline on newborn screening for cystic fibrosis calls for changes in practice to improve outcomes

Existing international law can help secure peace and security in outer space, study shows

Pinning down the process of West Nile virus transmission

UTA-backed research tackles health challenges across ages

In pancreatic cancer, a race against time

Targeting FGFR2 may prevent or delay some KRAS-mutated pancreatic cancers

[Press-News.org] Product liability: defending against claims of unsafe goods
The area of law governing civil litigation of claims for injury from dangerous or defective products is called products liability.