Product Liability Attorney- Oscar H Gutierrez
In the modern and advanced world we live in today, many of us either use or are frequently around technological products such as electronics, power tools, cars, trucks, recreational equipments, medical devices, escalators, elevators, large industrial equipments and many other products every day. We rely on one or more of these products each day because they serve an important purpose to our jobs and everyday life. Asides from putting these products on the markets, what many of us fail to understand is that the manufacturers of such are under an obligation to put only products that are reasonably safe on the market.
So, what happens when a poorly designed or defective product seriously injures someone? What happens when an undetected manufacturing defect in a product causes it
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Each one of our product liability lawyer knows that whenever a consumer suffers from an injury due to a defective product, more than one party can be held accountable for your injuries. As such, a Product liability claim can become a very complicated and confusing legal battle if you do not have an experienced product liability lawyer working for you. Not all law firms and product liability injury attorneys are equipped to handle product liability cases. The intricate laws governing product liability claims are ever-changing and can only be met head-on by a product liability lawyer with a knack for excellence and achieving positive results in the face of any legal challenge. At The Law Offices of Oscar H Gutierrez, we have such vibrant attorneys on our products liability claims team who have a successful track record of litigating product liability cases for our numerous
Cross, Frank B., and Roger LeRoy Miller. "Ch. 13: Strict Liability and Product Liability." The legal environment of business: text and cases, 8th edition. Mason, Ohio: Cengage Learning Custom Solutions, 2012. 294-297. Print.
It is unfortunate that accidents that result in injuries are a part of life. Further more it is also unfortunate that often the party responsible for said accident do not feel compelled to offer compensation to the party affected. However in spite of this, there is still hope for the injured party thanks to personal injury lawyers. They are tasked with representing their clients who suffered from these events while making sure that their clients receive the compensation that they deserve. Ultimately personal injury lawyers play a big role with regards to safety initiatives by helping those injured, which is something that we all should aspire to do.
The Massachusetts Supreme Court’s jury found that Toys R Us was liable for wrongful death, negligence, and breach of warranty and awarded t...
Greenman v. Yuba Power Products Facts In the case of Greenman v. Yuba Power Products, the facts are focused around Simon Greenman. In 1963, Greenman, a resident of California, purchased a Shopsmith woodworking machine from Yuba Power Products. This Shopsmith is a multipurpose woodworking machine meant for applications such as: sanding, drilling, and planing. While using the machine for its designated purpose, however, a piece of wood that Greenman was working on was shot back and struck his face, causing serious injury. This injury was severe enough to prompt Greenman into filing a lawsuit against Yuba Power Products, the manufacturer of the Shopsmith.
...lothing and equipments in the industry. These will greatly ensure the safety of the employees and hence minimize the injuries. Use of the administrative control and work practices will also lead to the production of quality products safe for consumption (OSHA Quick take, 2010).
On the 1st of October in the year 2017, the defendant, in this case, the supermarket was found liable for the case Susan injury in the supermarket's premises. The hip injury on Susan’s hip which was a result of the slipping over a squashed banana. The presence of the squashed banana in the premises was an outright sign of negligence and recklessness by the supermarket's staff. (Damage law)
Recovered memories of childhood trauma and abuse has become one of the most controversial issues within the field of psychology. Controversy surrounding repressed memory - sometimes referred to as the memory wars – reached its’ peak in the early 1990s, where there was a rise in the number of people reporting memories of childhood trauma and abuse that had allegedly been repressed for many years (Lindsay & Read, 2001). There are a number of different factors that have contributed to the dispute surrounding recovered memories. Firstly, there is an ongoing debate about whether these types of memories actually exist or whether these accusations arose as a result of suggestive therapeutic procedures. In particular, this debate focuses on two main
Hazardous materials can be important in everyday life when properly handled. However, when improperly handled, they can result in injury, death, and destruction as well as have lingering effects that may last for years to come. To address the risk of an uncontrolled hazardous materials release, there must be a coordinated effort to identify, locate, and quantify the hazardous materials in a particular location (Drexel University Safety & Health, 2001). Typically, industry and government agree that a hazardous materials incident is one where
Why is the reporting required? The intent of Congress was to encourage widespread reporting of potential product hazards. Congress sought not only to have the Commission uncover substantial product hazards, but also to identify risks of injury which the Commission could attempt to prevent through its own efforts, such as information and education programs, safety labeling, and adoption of product safety standards. Although CPSC relies on sources other than company reports to identify substantial product hazards, reporting by companies is invaluable because firms often learn of product safety problems long before the Commission does. For this reason, any company involved in the manufacture, importation, distribution or sale of consumer products should develop a system of reviewing and maintaining consumer complaints, inquiries, product liability suits and comments on the products they handle.
Noel, Dix. “Defective Products: Abnormal Use, Contributory Negligence and Assumption of Risk” Vanderbilt Law Review. New York: Bedford/St. Martin’s, 2002. 313-23. Print.
In essence, the concept of product liability is an expansive area of study in understanding the legal application in sporting products. The product liability concept is applicable under tort law and provides legal redress for a party who has been hurt by sports product. The tort law interprets whether the injuries caused by the product were due to the products defects during the design, manufacture, or distribution. Evidently, playing sports exposes the players and the supporters to unforeseeable risks that may cause injuries or threats to life. Notably, there are sports that have minimal risks of contact like athletics.
- Unsafe products can be banned ( product faulty and can not be sold again) or recalled (all stock taken back repaired and then put on the shelves)
Accidents occur in the workplace but in secret. These most of the time lead to physical and mental injuries that might affect the worker way of living for the rest of their lives. It is estimated that more than 337 million workers get injured in their place of work or in the course of work every year leading to work-related diseases causing about 2.3 million deaths per year (United States Department of Labor, n.d.).
A hazard is a potential damage, adverse health or harm that may effects something or someone at any conditions. Other than that, the risk may be high or low, that somebody could be harmed depending on the hazards. Risk assessment is a practice that helps to improve higher quality of the develop process and manufacturing process. It is also a step to examine the failure modes of the product in order to achieve higher standard of safety and product reliability. Unfortunately, it is common that a product safety risk assessments are not undertaken, or not carried out effectively by manufacturer. Mostly an unsafe and unreliable product was produced and launched on to the market. Thus, the safety problems are mostly identified after an accident happened or after manufacturing problems arisen. In order to prevent risk, a person should take enough precautions or should do more to prevent them because as a user should be protected from harm that usually caused by a failure for whom did not take reasonable control measures.
That is the reason that it is highly susceptible to a huge number of laws and regulations in order to ensure the health and safety of the consumers.