Anyone in the Distribution Chain can be Held Liable for Defective Products

Toys aid children in learning about their surroundings. Through toys, they feel and learn to distinguish shapes, appreciate colors, listen to sounds and feel texture (and, sometimes, even taste whatever they can get their hands on). It is very important, therefore, that the toys parents give them are totally safe, free of choking hazards and pointed edges, and do not contain any toxic substance.

To help ensure the safety of children, the Consumer Product Safety Commission (CPSC) determines the allowed sizes of toys, limits for toxicity and noise (due to the very loud noise produced by some items), the inaccessibility of the toy’s batteries and magnets, removal of sharp edges or parts that can wound a child, and the display of clear product labels that warn about the toy’s possible dangers.

In 2014 the U.S. Public Interest Research Group (PIRG), a non-profit organization, released “Trouble in Toyland,’ a report which highlighted potentially hazardous toys and issued tips to parents on how to make sure that they get to purchase safe toys for their children.

W.A.T.C.H., which stands for World Against Toys Causing Harm, Inc., is another non-profit organization that is committed to providing the public with helpful information on dangerous children’s products, at the same time protecting children from any harm. W.A.T.C.H. also notifies the public about the different types of dangers found in many children’s toys and products, and recreational activities.

Thousands of harmful children’s toys, however, remain to be sold all across the nation. In 2005 alone, children’s toys caused 20 deaths and about 202,300 injuries, based on data from the National Electronic Injury Surveillance System of the CPSC.

According to the law firm Mazin & Associates, PC, “Product liability litigation is a complex and ever-changing landscape. When a defective product reaches the hands of the consumer and causes injury, the entity responsible for such negligence could be anyone in the distribution chain, from the manufacturer to the product designer. The root cause of dangerous products usually stems from three areas: a manufacturer defect, a design defect, or a lack of proper warnings and directions that demonstrate safe use of the product. Defective products are generally borne out of negligence or a careless party failing to exercise the reasonable standard of care when handling the product. In serious cases, faulty products may cause serious injury or disability to anyone who uses them.

When a defective product has caused injury to you or a member of your family, it can be incredibly distressing. It is especially frustrating if you later learn that such an ordeal could have been prevented if certain parties had not acted negligently.

Product liability lawyers have a unique understanding of product liability laws. They advocate on behalf of faulty product victims, and have fought this battle for years. They can use our vast array of knowledge and resources to identify manufacturer mistakes and hold the responsible parties accountable.

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Who’s Operating the Crane?

Exposure to risks of accidents and injuries is part of construction workers’ every day job. One reason is the presence of heavy equipment in construction sites, like excavators, crawlers, caterpillars, loaders, forklifts, road rollers, concrete mixer, bulldozers and cranes. Heavy machineries help the construction industry accomplish more at a much faster rate, however, due to their sizes, any of these can cause either a disabling or fatal injury if operated the wrong way, or by an untrained or careless worker.

Among the many types of heavy machinery, the crane is one that is very essential; it is, in fact, a must in construction works. Whether for lifting materials that weigh lots of tons, constructing high buildings, moving things inside a warehouse or workshop, building oil rigs, or salvaging sunken ships, a totally necessary heavy equipment is a crane.

To be truly safe and useful, though, cranes need to be maintained, regularly inspected and operated only by a properly trained and skilled person. This is because in spite of their being totally beneficial, these also have the potential to cause the worst damage and most serious work-related injuries.

Based on the records of the Center for Construction Research and Training (a division of the Center to Protect Workers’ Rights (CPWR), a 501(c)(3) non-profit organization), there were 22 fatal accidents each year, from 1992 to 2006; non-fatal accidents, on the other, accounted for hundreds of serious injuries, such as broken bones, brain injury, spinal cord damage, or partial or complete paralysis.

There are three major hazards identified with the use of cranes:

Electrical hazards. This can prove fatal is a metal part of a crane comes in contact with a high-voltage power line. About 50 percent of crane accidents are actually due to electrocution. The greater danger when this happens is that, others, who may be working near the crane, can also suffer electrocution besides the crane operator.

Overloading. If a crane lifts an object which exceeds its lifting capacity, this can result to structural failure, tipping over, or the crane ,with its load, plunging down to the ground and seriously injure or kill workers and passersby on the spot.

Falling materials. This is the case when a material that is being lifted by an overhead crane is not properly secured. The load can slip and cause serious injuries and/or damages to properties on the ground.

It is difficult to imagine a set of circumstances under which a crane would collapse that is not also associated with some form of negligence. Sadly, these thoroughly preventable accidents do occur and they do cause catastrophic injuries. Bearing that in mind, we know just how much may be at stake with your claim, and we can help you determine exactly what compensation you and your family are able to pursue, aside from your workers’ compensation claim.

Personal injury lawyers, such as those from the Karlin, Fleisher & Falkenberg, LLC, law firm, know that a crane collapse can cause severe injuries or even death. They also know, however, that there isn’t any form of negligence that cannot be associated with this type of accident. Seeking the assistance of an experienced personal injury lawyer, for the purpose of pursuing compensation, may be a big help for victims in getting the financial help they will need for all the necessary medical treatment needed.

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Emergency Room Error

Every year, medical errors, which are definitely preventable, claim as many as 98,000 lives in the U.S., information released by the Institute of Medicine, an American non-profit, non-governmental research organization. Medical errors are results of the negligent or careless acts of nurses, doctors or other health-care professionals; these can be committed through many different ways, the most common of which are wrong diagnosis, delayed diagnosis, surgical mistake and errors in the emergency room.

Medical mistakes are usually discovered only after a patient complains of a new health condition or of sudden pains after having been prescribed a medication, treated in the emergency department or undergone a surgical procedure. The consequences of medical mistakes can be serious, even fatal at times, with mistakes in emergency rooms being the ones which often bring about the most devastating results.

Take, for example, the case wherein a young girl was diagnosed as simply suffering from a bellyache. Her appendix ruptured a few minutes later, causing her extreme pain. Another is the case of a teenager who complained of fever and chills. Being too young to possibly suffer from any serious health problems, he was sent home to rest after being handed Tylenol; a few hours later, this teenager died due to sepsis, an infection in the blood.

A study conducted by the Journal of the American Medical Association confirms the fact that emergency room errors are real and that these cause almost half of all deaths due to medical malpractice. Stroke, heart attack pulmonary embolism, and aneurysm are among the most frequently misdiagnosed health problems in the ER.

The most common reported reasons for ER errors ware poor communication between nurses and doctors, shortage of doctors and/or nurses, failure to communicate vital information regarding patient’s condition, lack of timely access to lab report, overworked and stressed nurses and staff, over-crowding and prolonged waiting time.

Regardless of how overcrowded emergency rooms may be, hospital employers should make sure that they have enough staff, nurses and doctors who will neither be too exhausted nor work longer than they ought to. In the event of mistakes, it shall be the legal obligation of medical staff members or even the hospital to compensate the patient for whatever unnecessary harm he or she has been made to suffer. For more information on this contact the attorney’s at Crowe & Mulvey, LLP.

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Compulsory Car Insurance Law: Based on a Hundred-Year Old Supposition that Cars can Collide

Many drivers have often wondered why car insurance, instead of health insurance, is mandatory in the US and that, despite its being a mandate, laws concerning it are set only at the state level, thus the differences of car insurance laws among states.

Drivers who get caught driving without insurance face the risk of having their license suspended. To have their license (and driving privileges) reinstated, they will have to file a court-imposed SR-22 certificate, a documentation that their car insurance will need to send their state’s Department of Motor Vehicles (DMV) to prove that there are already insured. An SR-22 usually lasts for three years but may be extended by a judge to five years if he or she sees appropriate.

Mandating car liability insurance stems from the supposition (which goes more than a hundred years back) that cars can collide, injure people and cause property damage in the process and that the driver at-fault may not have the financial capability to compensate his or her victim. In other words, car liability insurance is protection for people and their properties.

The first compulsory car insurance laws were passed in 1925, in the states of Massachusetts and Connecticut; other states followed suit, enacting their own mandatory car insurance liability laws. To date, New Hampshire and Virginia are the only two states that do not mandate car liability insurance for all drivers. Instead of carrying liability insurance, drivers in New Hampshire, who choose not to carry car insurance, simply need to show they are capable of paying for damages in the event of an at-fault accident; this can be done by posting a bond or cash that is equal to the amount of damages in the crash. In Virginia, drivers can have insurance or pay the state a significant fee if they choose to register their vehicle as uninsured.

The types of car insurance coverage that drivers can choose from are the full tort and the no-fault coverage (no-fault is also known as personal injury protection or PIP). In full tort states, the drivers involved in a car accident can file a civil lawsuit against each other to determine who is at fault (or has greater fault) in the accident and to seek compensation from the liable party. Compensation to the victim is paid by the liable party’s insurance provider. In no-fault states, however, a lawsuit no longer needs to be filed since compensation is paid to drivers by their respective insurance providers regardless of who is at fault in the accident. Due to the absence of lawsuits, compensation is paid much faster in no-fault states.

Because many drivers find car insurance too expensive, they, therefore, rather risk driving without being covered. A definitely unwise decision, according to Greenfield, WI car accident lawyers, which says that, in the event of an accident, uninsured drivers can spend so much more (in compensating their victim) than what they would spend for insurance premiums.

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Reliable Insurance

Insurance employments as a cost-sharing means produced to restrict the financial hazards from anything sudden that might result to a reduction that was significant. Disasters, accidents, along with additional problems can happen to anyone at any given period, hence having prepared for this (at the very least financially) may ease you and your household’s head and make you ready to start over. The website of Smith Kendall PLLC states that insurance covers a lot of things like company, health, vehicle, and home qualities insurance. It is helpful to know what’s going to work for you and which sort of insurance coverage you desire.

For home-owners, having residential home insurance is a lot more than security; it is one of the greatest investment that they might get. It ensures for any redevelopment the household needs to have, provided it is within the extent of the coverage you might have decided on. Additionally, it protects anybody including dog attacks or a slip and fall injuries, within an event of an accident that occurred inside your home or you. Any trauma that happened within your premises could be insured by home house insurance. High-end items and belongings are also included in homeowners insurance, but it’d be a much better option to own house insurance with responsibility insurance. This guarantees that any risks will likely be included in the policy contract. When tragedy does strike, it is important so as to get economic help from your own insurer to file for a homeowner or home property state. Getting assistance from a lawyer for representation or consultation would make the claim quicker to a procedure.

Policy contract could be used for a home that was broken because of natural calamity or a fire, an automobile accident thanks to some other driver’s carelessness, or an injury that led to passing. As long as you paid for an insurance protection and have signed up, you and your loved ones will likely be shielded from losses that could happen.

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Nursing Home Abuse Information

The home-like care that the physically elderly or mentally disabled young adults and victims of accidents who need rehabilitative treatment receive in a rest home should be enough guarantee that they shall be held secure and in good health. Regrettably, this is not always the situation.

Nursing or convalescent homes, also known as skilled nursing facilities (SNF), offer medical aid to aged citizens; they also purpose at supporting out their occupants in daily activities, including toileting, showering, and dressing. Occupiers, typically 70 years and old, can enjoy a secure, nurturing environment in these types of services, as well as nursing care that is constant.

According to the website of Habush Habush & Rottier S.C. ®, physical abuse of nursing home residents comprises emphatic medication and food intake, sexual assault, beating, refusal or negligence of the person to feed, dress or help an elder in private cleanliness issues, as well as the staff’s failure to keep individuals from safety and health dangers.

Financial abuse, on the other hand, consists in the employees coercing individuals to include their caretakers in the patient’s will, driving sufferers to make obligations that are unnecessary, and stealing from patients.

Several others fail to offer their occupants with the required standard of treatment while several rest homes live around the standards expected of these.

Worse abuse is an all-too-common issue in these facilities, including psychological, physical, as well as financial maltreatment. Intimidating, insulting, embarrassing, and mistreating someone verbally or psychologically, along with a refusal to aid someone get out of bed or consume, are a number of the very most typical maltreatment residents suffer from.

The normal causes of staff maltreatment in several medical facilities are trying conditions that are operating, insufficient coaching, and not having registered nurses and nurse’s aides, leading to loss and staff burn-out of empathy for individuals. Moreover, residents can be exposed by poor verification processes to caretakers that are dangerous or abusive.

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Construction Accidents and Wrongful Death

Construction mishaps are more of the norm than the exception. Construction could very well be one of the occupations that are the most hazardous, right up there with working in refineries and mining. Falls are to be expected, although falls are usually the purpose for wrongful death or injuries. A lot of the task in construction demands operating at height and unfortunate issues occur. But when a wrongful-death occurs because of the website or employer manager’s culpable action or inactivity, then you could have an actionable situation. The website of Hach and Rose LLP states that children of wrongful death can recover for funeral and medical expenses.

Companies have a duty of care to their own workers, but that is not especially unimportant in hazardous occupations such as building work. Companies should supply to prevent construction accidents:

  • Safety training and drills
  • Well- equipment and kept safety gear
  • Safe operating environment
  • Properly working gear
  • Acceptable supervision
  • Skills training

A safe operating environment in construction is the one that is reasonably free of debris, slick floors, falling objects, and has ventilation and adequate lighting. It’s very important that these tools are well preserved and will operate as anticipated when being employed since building employees frequently work with tools. Satisfactory supervision will guarantee that workers follow security protocols and problem sanctions when construction are not, and skills training decreases the prevalence of human mistake that cause construction mishaps.

Wrongful deaths happen because there clearly was no security training or security gear set up, although many building injuries happen because of human mistake. As an example, a worker may lose their footing on a column, but if harness had been used and attached to a security point, the worker could climb back-up or get aid. If that worker had had the appropriate security instruction, she or he would definitely have a funnel on.

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Brain Injury Disabilities

There are a number of various injuries one can possibly suffer in the case of an accident caused by someone else’s rash actions. These harms may include broken bones, lacerations, or scarring and disfigurement and array in seriousness with respect to the injury. One of the severe and most perilous injuries you can endure as a result of negligent activities is brain damage according to the website of the Cazayoux Ewing Law Firm.

Head injuries could be the result of several accidents ranging to faulty products from car crashes and actually slide and fall accidents. You might suffer permanent or short-term handicaps that could affect every portion of your own life for those who have suffered an injury due to somebody else’s activities. Fortunately, you may not be unable to hold the accountable party liable with a lawsuit that is civil.

Impacts of Brain Injuries

Brain injuries may cause severe and at times irreversible harm that will impact individual relationships as well as your professional career. An estimated 1.7 million Americans suffer a traumatic brain injury every year in America. A lot of them encounter impacts like:

  • Trouble with vocabulary like with strokes, language disorders are a fairly common consequence of traumatic brain injuries. In many cases, a victim might have problems speaking, listening, reading, or composing. In cases that are severe, one may lose his or her vocabulary skills altogether.
  • Endangered engine features might also become paralyzed in some specific areas or when the section of the brain that controls motor function is damaged, you might lose control of certain muscle motions. In many cases, your capability to do your occupation could be seriously affected by the loss in motor movements.
  • Storage loss. This can contain both short-term and long-term memory reduction. Losing one’s memory can affect types personal relationships and in addition livelihood.
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Defective Tires

On Monday, August 10, BFGoodrich has issued a voluntary recall of eight of its BFGoodrich commercial light truck tire sizes after receiving reports that the affected tires may lose air pressure due to a defective sidewall, making the vehicles more prone to tire-related car accidents. The company said the recall affects approximately 129,000 tires, 104,000 of which were sold in the U.S.

This is just one example among the country’s many tire recalls initiated by some of the biggest tire makers after learning about design and manufacturing defects that pose an inherent risk to property and lives. Tires are the car’s direct contact to the road. When damaged, it may compromise the driver’s control over the vehicle, which may result in disastrous accidents.

Massachusetts car accident attorneys, would probably mention that defective tires could be a result of one or more of these factors:

  • Faulty tire engineering
  • Defective tread design, which may compromise the tire’s traction or grip
  • Use of substandard materials, for instance, the use of a low-quality rubber and ineffective adhesive
  • Improper tire installation, for instance, improper tire mounting and rotation

Being involved in a major car accident caused by a defective tire could cause a person to be badly injured. Apart from the injuries, patients would also have to face hefty medical bills and longer recovery period that may put a strain on their finances.

However, you should always keep in mind that even if a tire-related car accident is minor, for instance, if the accident left no visible mark of damage to your car it is not a bad idea to seek medical attention for any possible injuries you may have sustained unsuspectingly during the crash.

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Understanding Overtime Pay

Even though it can be a little discouraging with all the company laws that come along with beginning your personal company, however, starting your own business is a fantastic time. When planning to begin a company, a business lawyer would be the best person to help you thanks to her or his knowledge of legal requirements and federal processes and all of the local you will have to prepare and submit. Your attorney will likewise manage to help you plan the class your enterprise will require, together with help you look after many distinct enterprise essentials, including compliance with federal and state regulations on safety in the workplace, company taxes and liabilities, company debts, workers’ insurance advantages, enterprise deal contracts, employment contracts, hiring new employees, company policies and worker compensation and benefits.

According to the website of WorkSTEPS, not all employees are permitted to provide overtime work and, hence, obtain overtime pay; just non-exempt employees are. Workers who are considered to be exempt, or perhaps not eligible to do overtime work are specialist, administrative and executive, employees, some skilled computer experts, employees in particular recreational establishments, outside sales employees, switchboard providers in modest phone businesses, seamen in international boats, fishermen, farm workers in small farms, casual babysitters and caretakers, among so many others.

Salary or damages is a very important aspect in the growth of a small business. Competitive pay will enable the very best people to be hired by you when these folks observe and sense that you value them by giving them the things they consider is their due, you’ll never worry about their faithfulness. This consists of incentives and overtime pay.

Those people who are non-exempt and will leave overtime perform comprise both full-time and part-time salaried or hourly workers employees and employees that are short-term. Non-payment of overtime pay is a violation of national laws. Employees who are denied the pay that’s due to them are given the legal right to obtain whatever spend the legislation and to bring companies that are erring to justice stipulates to be their right to have.

Regrettably, many employers refuse their employees transaction to function rendered beyond their regular program that is operating. For this reason, overtime differences are very common even in large businesses in the U.S.

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