Take Action Against Manufacturers Who Deceive Consumers with Their Defective Products

Take Action Against Manufacturers Who Deceive Consumers with Their Defective Products

Oct 21

“Prevention is better than cure,” is one very applicable adage where product safety is the issue. For although a person may be awarded compensation by a manufacturer, whose defective product may cause injury, there is no telling what the extent of such injury can be; thus, rather than cause harm, making sure that manufacturers comply with government safety standards, in order to eliminate any risk of injury, will always be a much better alternative.

Manufacturers have the legal duty to make sure: that their products are safe and will never cause harm; that their products’ labels contain all vital instructions or warnings that consumers need to know; and, that the labels clearly and accurately identify the product’s ingredients. False claims regarding what a product can do is considered a deception, an act that can result to a lawsuit, especially if instead of giving its claimed results, the product ends up harming users.

Defective products are the bases of thousands of tort suits or product liability claims against manufacturers in the U.S. Obviously, despite laws that require compliance with quality standards, so many defective or poorly made products still get past authorities and end up getting displayed in stores to sold to millions of unsuspecting American consumers who trust that what they purchase are safe and without defects. This is not the case, however, as can be proven by the injuries and deaths that have already been reported, traced, proven and documented by the United States Consumer Products Safety Commission (CPSC). Some of the reported cases include:

  • The 2003 recall of nearly 30,000 electric blankets which, when folded or bunched, had a tendency to overheat and burn the user;
  • Dell’s 2005 recall of about 200,000 laptop batteries, which showed risks of overheating and causing fire;
  • The 220,500 toy-related injuries in 2006;
    development of blood clots which, eventually, led to the death of a number of young women who used the Ortho Evra® birth control patch; and,
  • Toyota’s 2006 recall of more than 1.4 million of its cars due to defective parts.

Millions of other products, from children’s food and toys to house appliances, vehicles, machinery and chemicals have caused either injuries or death to their users. Though a seeming failure on the part of the Federal Trade Commission’s Bureau of Consumer Protection, the branch of the government tasked to ensure product safety, total responsibility cannot be blamed on it. This is due partly to the limits in its jurisdiction plus the billions of different products made available in the market every day. Thus, checking and ensuring product safety need to be a concerted effort by the different branches of the government and the active participation of the public in reporting products that are defective and harmful.

West Palm Beach injuries due to product defects allow harmed individuals to take legal action against individuals and companies responsible. These include product designers, manufacturers, distributors, suppliers, and advertisers who play a role in delivering a product into the hands of consumers. All these parties bear a responsibility in ensuring that the product is safe for use.

Just How Safe are Children’s Products?

Just How Safe are Children’s Products?

Jul 06

The Centers for Disease Control and Prevention (CDC) has identified falls, burns, drowning, motor vehicle accidents and poisoning to be the leading causes of accidental injuries and deaths among children in the United States. Each year, at least 9.2 million children get injured and more than 12,000 die due to these causes.

As dangerous as the causes mentioned above are the many different products that people buy and bring into their homes, so many of which can cause severe injuries, and even death. Records from the US Consumer Product Safety Commission (CPSC) will actually confirm the thousands of injuries and deaths caused by these products, which include home furniture and decor, tools, children’s toys and outdoor activity equipment, sports equipment, inflatable amusements, and nursery products

From 2007 to 2010, the CPSC ordered the recall of millions of toys due to the dangers these presented, like sharp edges that could cause cuts and lacerations, parts that were considered as choking hazards due to their small size, and chemical contents that exceeded federal toxicity limits. The CPSC is charged with enforcing toy safety standard law; it also sets guidelines on the allowed sizes of children’s toys, toys’ noise and toxicity limits; and, the displaying of labels which should mention the possible risks presented by toys.

Unlike food products, toys usually do not have labels which should contain information regarding any possible harmful elements these have. Of course consumers assume that all products made available in stores are totally safe, but this only leaves them with no clue regarding the safety of the toys that they buy.

Due to the irresponsibility of some persons and/or companies in making sure that they only manufacture safe products, The Benton Law Firm reminds parents and guardians to make sure that their child is protected against whatever may possibly harm them – this includes children’s products which have caused many children injuries, some so severe that these would affect children for a very long time. Parents should also make sure that those responsible in compromising the safety of children should be punished for the harm that they inflict on their innocent victims.

“No-zone” Accidents Can be Avoided through Mere Acts of Prudence

“No-zone” Accidents Can be Avoided through Mere Acts of Prudence

Mar 09

It can be an emotional and a mental torture for people whose family member, close friend or special someone gets involved in an accident through no fault of their own. The pain will be much harder to bear if the at fault driver were driving a truck, the size of which is enough to crash a victim’s vehicle, cause very severe injuries or worse, death.

The National Highway Traffic Safety Administration (NHTSA) and the Federal Motor Carrier Safety Administration (FMCSA), which is tasked to improve safety in the operation of trucks and commercial motor vehicles, make sure that, before earning a commercial driver’s license, applicant drivers will first need to go through a set of requirements which they will have to strictly undergo. Some of these requirements are a special training, a written or knowledge test, and a series of skills tests, all of which are to prepare applicant drivers to be up to whatever challenging tasks their driving duties will require of them, including very long driving hours with very short rest periods.

A truck, also called an 18-wheeler or a big rig, is involved in as many as half a million accidents every year, according to the NHTSA. These accidents cause injuries to more than a hundred thousand individuals (drivers of smaller vehicles, motorcyclists, bicyclists and pedestrians) and kill more than four thousand others. One of major causes of these accidents is smaller vehicles driving along any of a truck’s identified “no zone” areas.

“No zones” are truck drivers’ blind spots. These are the areas or spots around a truck where crashes are most likely to occur. There are four blind spots identified around trucks:

  • Front: For whatever reason, some drivers (of smaller vehicles) have the very bad habit of cutting in front of a truck and then immediately slowing down after passing it. This is one very dangerous move which invites nothing less than a tragic accident that can result to severe injuries or death. If drivers think that a truck can immediately slow down or stop, they’ll be surprised to know that this is a wrong, deadly thought.
  • Rear: The length and width of a truck will render its driver to fail to notice smaller vehicles tailgating it. Besides not being able to see any danger ahead, a driver of a smaller vehicle may also have nowhere else to go but under the truck (crushing his/her vehicle) if the truck suddenly tries to slow down.
  • Sides: Two other areas that drivers of smaller vehicles should totally avoid are the sides of trucks, especially the right or the passenger side, where truck drivers can totally fail to notice smaller vehicles. If a truck driver needs to change lane or swerve to the right, this can only mean very big trouble for the smaller vehicle.

While majority of “no zone” truck accidents are said to be the fault of drivers of smaller vehicles, this does not take away the responsibility of truck drivers to double check their blind spots, considering the damage their vehicles can cause in case of an accident. Moreover, because they are driving a much larger vehicle, they should display more patience and consideration towards smaller vehicles.

According to the Abel Law Firm, the hard work that truck drivers perform and the contribution they give in the growth of the nation’s economy should merit the understanding of everyone; however, these can never excuse them from liability for accidents they could have easily avoided through mere application of prudence. Though they may never want anyone to get hurt, in the event of an accident, they may have to be answerable for their act of negligence.

Salmonella Poisoning, its Symptoms, Risks, and how to Prevent It

Salmonella Poisoning, its Symptoms, Risks, and how to Prevent It

Oct 08

According to the Centers for Disease Control and Prevention, salmonella poisoning, or salmonellosis, affects approximately one in six people in the United States every year. That’s roughly 48 million of the country’s population. Salmonellosis is a type of food poisoning that is accompanied by fever, abdominal cramps, and diarrhea that may occur 12 to 72 hours after exposure. Symptoms of salmonellosis last for about 4 to 7 days among healthy individuals. However, young children, seniors, and those with weak immune system may suffer from more serious complications that may even result in death.

There are many causes of salmonellosis, and poor food handling is considered one of them. According to the website of these Houston personal injury lawyers, restaurant owners who fail to ensure that foods served in their premises are prepared in a sanitary way could be held accountable in a negligence case. In some cases, food manufacturers could also be held liable for foods contaminated during the process of manufacturing and packaging.

For healthy individuals, salmonella poisoning lasts for up to three days, and doesn’t require medications such as antibiotics. However, because symptoms of salmonellosis include diarrhea and vomiting, the person suffering from this disease are at higher risk of dehydration. Drinking plenty of fluids will replenish the lost electrolytes during diarrhea. However, you should stick to rehydration drinks and water, and should avoid coffee and soda for optimum rehydration.

There are also a myriad of possible ways on how to prevent salmonellosis. Consuming unpasteurized milk and raw or uncooked eggs may put you at risk of salmonellosis, so you should stay away from them to keep salmonellosis at bay. Remember to wash vegetables thoroughly when eating them raw. You should also wash your hands before and after food preparation, and in between handling different items. Finally, uncooked food should always be stored separately from cooked and ready-to-eat foods to avoid cross contamination.

What really happens when you blackout?

What really happens when you blackout?

Oct 08

So, you can’t remember how you end up on someone else’s bed, or why your friend is suddenly giving you a cold shoulder, or worst, why you are in the emergency department because of an accident you cannot even remember. What you only recall is your last shot of vodka, and some lightheadedness. What you just experienced is a blackout. But how does it occur? Here’s what you need to know.

Blackout types

If you’re a frequent drinker, you might have experienced not remembering anything that had happened beyond a certain point in time. This neural phenomena is called a black out, which is our brain’s inability to record events that happened during short time periods. A total, “en bloc” blackout is a type of blackout in which you cannot remember anything that happened even when reminded. On the other hand, during a partial, “fragmentary” blackout (or brownout), you can remember the things that you have initially forgotten when reminded.

The hippocampus

So what really happens during a blackout? When you drink more than what your body can handle, your brain’s electrical circuit becomes disrupted. One of the most greatly affected is the hippocampus, which is a seahorse-shaped tissue that lies on the floor of the brain and is responsible for converting information into memories. During a blackout, your brain’s circuit is so disarrayed that hippocampus can’t receive information to create new memories out of it.

The danger zone

Okay, so after you know what happens inside the brain when you blackout, it’s time to know what happens outside. During a blackout, your long-term memory is still intact, which means you can still engage in lively conversations with friends, and do the things that you know by heart, including driving. However, because alcohol impairs muscle coordination, it could cause result in damaging car-related accidents. According to the website of The Mokaram Law Firm (view website), you may notice how drunk driving accidents account for many fatal road incidents in the country.

Keeping away from blackouts

One safest tip to prevent yourself from having blackouts is to not drink more than what your body can handle. Also, blackouts occur when there is a sudden increase in the alcohol level in your blood. So, you may prevent blackouts by drinking slowly. Drinking with an empty stomach may also cause your alcohol level to rise too quickly, so remember to eat first before your first shot.

Why Should You Outsource in the Philippines?

Why Should You Outsource in the Philippines?

Jun 04

Outsourcing is – as the kids say it – all the rage in business. In this growing industry and economy, there are hundreds of new smaller businesses that are constantly popping up. They’re the new Mom and Pop shops of this generation, only there is so much more to consider than there was back in the day. A lot of modern businesses require the fundamentals of a corporate business in order to function properly and yet lack the space and capital to invest in their own in-house staff for things like accounting, reception, et cetera.

That’s where outsourcing comes in – and it is a business that many other companies have invested in due to how it works. Invest in an outsourcing company that delivers the same level of work that you need without the big investment in space, supplies, and people. At the same time, these workers specialize in their given field are allowed to expand in their horizons and better themselves at their craft. It’s a win-win situation!

So what’s so special about outsourcing in the Philippines? For one thing, the Philippines is one of the fastest growing markets in the Asia-Pacific region today. A lot of this can be attributed to the fact that its people have been proven time and time again to be hospitable, professional, and incredibly resilient. In addition to these traits, their proficiency in English make them a perfect candidate for outsourcing. Located at the center of the Pacific Ring of Fire, the Philippines is surrounded with bountiful natural resources. This was spotted long ago, before colonization even started, as it became a popular trading ground between Asian regions.

Having had lived through three different regimes, the people of the Philippines are well acclimated to Western ideals and cultures as well as deeply rooted with their own cultural identity. This makes outsourcing in the Philippines as one of the best choices in the industry thanks to their innate knowledge of the cultures of the world as well as their hardworking nature. The cost of living in the Philippines is also markedly cheaper than that of Western countries, thereby providing quality work at almost a third of the price that is agreeable to all parties involved.

Why Do People File Probate Litigation?

Why Do People File Probate Litigation?

Jun 03

Bigger isn’t always better; sometimes, bigger means bigger problems too, especially when talking about estates and benefactors. The bigger the estate, the more problems it can usually face when there are disputes among the inheritors as there can be further complications along the line if there are quite a few heirs involved. Then you add a potential wrongful death lawsuit on top of all that drama, and you’re left with a scenario that almost certainly needs a skilled attorney to navigate.

It’s a matter of life that not every family can be as harmonious as the Brady Bunch and there are always going to be little rivalries. Perhaps the person was mistreated as a child and holds a harder grudge upon adulthood and wants more of the estate. Perhaps there was a separation between the parents and there are now the second families to be taken into consideration. There are a lot of possible scenarios in which a particular beneficiary might opt to file for probate litigation.

According to the website of Chicago probate attorneys Peck Ritchey, LLC, there are several ways that litigations of this nature could exist in varying cases such as through the breach of fiduciary duty (if the trusted fiduciary betrays the professional relationship during the proceedings), lack of mental capacity (if it can be proven that the will of the departed was not sound of mind and could have been outwardly influenced by a possible heir), among many other cases. There are several possible instances wherein an inheritor or several inheritors might feel it in their best interest for the will’s contest to be put under probate litigation.

However, this course of action can be incredibly strenuous and should only be considered and pursued with the advice of a legal professional. No probate issue is identical, due to the differing variables, and so there is no surefire way to guarantee the outcome of any legal action. It is in everyone’s best interest to thoughtfully and carefully consider all the options.

The Benefits of Preventing Disabling Workplace Injuries

The Benefits of Preventing Disabling Workplace Injuries

Jun 02

It is in the best interest of both employers and employees to enforce certain protocols throughout the nature of the contract in order to ensure that both parties are well-aware of their responsibilities. The employer, for example, is responsible for making sure that the employee they hire is physically capable of the workload that is entrusted to him or her upon employment. Failure to enforce this rule can, according to the website of WorkSTEPS, result in serious injury to the point that it could cause temporary or permanent disability.

Pre-employment testing then both protects the right of the employee to benefits should a disabling injury occur, as well as the employer from employees who might abuse the right to obtain legal compensation. It benefits both parties in the long run to take special precautions to prevent disabling workplace injuries.

However, should the circumstance present itself, the employee is then legally owed rightful benefits if he or she is ever injured at the workplace. According to the website of the Indiana Social Security lawyers at the Hankey Law Office, most people rely on their profession in order to generate income for their own families. Should they suddenly be unable to work due to an injury, it then affects the entire family as well. Employees tend to work better when they know that they are treated well and that they are protected. The protection in the form of benefits then extends to their family as well.

Disability can come in both physical and mental forms – and they can be triggered by even the most miniscule of accidents that could have been due to negligence that should have been avoided. Either way, there is a lot of stress that comes with filing for benefits as well as seeking them, should the employer or insurance company be difficult to work with.

That is why it recommended to go into the situation with legal help, should the situation call for it.

I’ve Been Injured by a Dangerous Product: What Do I Do?

I’ve Been Injured by a Dangerous Product: What Do I Do?

Jun 01

Corporations have a responsibility to the masses that they sell to – that responsibility being that they make sure that the products they manufacture or develop, and distribute. If the products they then allow to be consumed by unwitting masses are dangerous, they are then legally accountable for any and all damages that the victim of the faulty product acquired.

According to the website of lawyers Pohl & Berk, LLP, a situation like this falls as a subset of personal injury. Personal injury is the legal term used for injury that has been sustained by the person instead of property due to ignorant or willful negligence. Due to the broad nature of the lawsuit, there are many different subsets under it and each subset requires a certain experience of study and specialization in order to defend properly.

Take, for instance, the example of Topamax. Information found on the website of Topamax lawsuit attorneys at Williams Kherkher, says that Topamax has been an approved drug used to treat epilepsy patients in order to prevent seizures. Soon, the U.S. Food and Drug Administration (FDA) then approved the use of the drug to treat migraines as well. (Migraines are markedly different from the usual headache in the sense that is relatively more extreme and also, in some cases, causes nausea and blurred vision, making it quite debilitating and painful.)

However, some years after the FDA approved of the drug for treating migraines, there has been evidence that the use of Topamax has caused birth defects in newly born children after the mother took the drug during pregnancy. It is suggested that consumption of Topamax during pregnancy increases the risk of cleft palate in the child or Hypospadias in boys, where the urethra is not in the appropriate place at the tip of the penis.

Some of these conditions are treatable with surgery but the cost of those medical expenses as well as the stress and pain that a family must go through due to this drug intake makes the manufacturers and distributors of the drug, Johnson and Johnson, as legally responsible for the damage, thereby should be made financially accountable for the recovery of all those affected by the drug. This is only one of the situations that can come from the consumption of a product that you did not know was dangerous.

If you or someone you know has been affected by dangerous products or consumer goods, do not hesitate to contact a lawyer with experience in this particular branch of the law immediately. While experience does not guarantee success, experience does guarantee an intimate and more specialized knowledge of the material, which could prove advantageous in court.

Real Talk behind Bankruptcy

Real Talk behind Bankruptcy

May 30

Bankruptcy has not received the best reputation and more often than not, people associate filing for bankruptcy as the one-all, end-all of their futures, as an absolute last resort. It is not without reason – the word itself doesn’t necessary inspire the most positive of outcomes, nor has media representation been kind to the concept. However, filing for bankruptcy need not be the end of all hope – but the start of a whole new beginning with a clean credit history.

According to the website of Erin B. Shank, P.C., many people benefit financially after filing for bankruptcy. Some of these people are elderly people or veterans of war who are not always in the best financial states and it was filing for bankruptcy that allowed for them to keep certain assets such as their homes or vehicles with paying off their dues through a payment plan that works in accordance with their income and lifestyle.

Anyone can file for bankruptcy, if the situation really demands for it. Perhaps you are drowning in credit card bills or mortgage payments or student loans. If so, a consultation with a bankruptcy lawyer can help determine if filing for bankruptcy is the best course of action for your current situation.

There are several different chapters of bankruptcy that you may qualify for and they are highly individualized in order to cater to your given circumstance or the payment plan with which you wish to uphold in order to achieve financial stability. For individuals or private citizens, one of the most sought after claims for bankruptcy is the Chapter 7 claim. In fact, it is the most filed claim in the United States – and some people, with the help of effective bankruptcy lawyers, are free from all their debts within three to four months and are allowed a fresh financial start.