What a Lawyer Must Prove to Win a Product Liability Case

Thousands of injuries occur each year in the United States from defective or dangerous products. Victims of dangerous defective products have legal protection under product liability laws throughout the country. These laws govern the legal rules that determine who can be held liable for the defect or danger to consumers.

In general, products sold to the public are required to meet common expectations of consumers. When those products have an unexpected defect, common expectations of consumers are not met.

More than one party could be held liable for injuries that occur from consumer use of a defective product. This includes all sellers that are part of the distribution chain for making the product. Parties that are potentially liable for a defective product include the manufacturer, parts supplier, wholesaler and the retail store from which the product was purchased by the consumer.

The type of defect will determine who is responsible for a liability claim. All of the specifics related to a product liability case may differ among states. However, there are certain elements that a lawyer must prove to win a product liability case for his or her client. These elements include:

  • Injury and/or loss was caused by the product
  • Product was defective
  • Manufacturer’s error led to flaw in product
  • Manufacturer failed to warn consumers about potential dangers
  • Product was used correctly

Product Caused Injury and/or Loss

An actual injury or loss is a crucial element for a lawyer in proving a product liability claim. Specifically, the injury or loss must be a direct result of the product’s defect. In some cases, demonstrating the link between an injury and product defect is straightforward. In other cases, proving that the defect caused the injury or loss is not so easy.

For instance, a client was injured in a car accident while driving a vehicle prone to flipping over. If there is evidence that the client was speeding when the accident occurred, the manufacturer could argue that reckless driving – not the design of the vehicle – caused the accident.

However, a client could suffer third-degree burns when a brand new electric tea kettle explodes because of a hairline crack. The client did nothing out of the ordinary while using the tea kettle and could have a strong injury claim.

Product is Flawed Due to Manufacturer’s Error

In addition to proving that the product caused an injury or loss, the lawyer must also prove that the same product is defective. For some cases, the defect could be the result of a problem at the manufacturing plant. For others, the defect is within the product design, which means that the entire product line is dangerous for consumer use.

A lawyer might have a harder time proving that there was a flaw in the product design. The most likely scenario is demonstrating that an unreasonable design created the danger. However, a product that has potential danger is not automatically a judgment against the manufacturer or supplier when an injury occurs.

There are times when designing a product in a cost-effective or reasonable way is not feasible. Consider the potential dangers of vehicle air bags. While they can cause serious injury to a driver or passenger, they can also save lives in certain collisions. Car manufacturers would argue that when alternative outcomes are considered, air bags are not unreasonably dangerous.

Manufacturer Failed to Warn Consumers of Potential Dangers

Typically, a lawyer might have a better chance at proving an injury or loss occurred from a defective design when the average consumer is not aware of the dangerous quality. A ruling in such cases may depend on whether the manufacturer failed to warn consumers of the potential dangers. The manufacturer or supplier must show that instructions and warnings were reasonably sufficient.

In this case, a client might suffer third-degree burns from an electric tea kettle because the steam valve is concealed by some part of the product design. An average consumer would expect to find a visible spout from where steam is released. Instead, the steam valve is placed in an inconspicuous area, which strengthens a defective design claim.

Proving defective design is problematic if the tea kettle included bright red stickers printed with the word “caution” and the user manual included warnings about the steam valve position. The legal question now becomes whether the warnings were adequate.

Injured Client Used Product Correctly

Generally, the lawyer’s client must use the product correctly; that is, the way the manufacturer intended the product to be used. Continuing with the tea kettle example, an example would be if the explosion occurs when used to heat water for an outdoor kinds’ pool is not the intended use.

If the kettle explodes and causes burns, the lawyer may not be able to prove manufacturer liability. The manufacturer is not required to make the tea kettle safe for use with an outdoor pool.

However, this does not mean that use of every product must conform to the manufacturer’s specifications. The key is proving whether the average consumer would or would not use the product in the same manner as the client. If so, the lawyer has met the reasonable expectation of use requirement.

Winning a product liability case involves deciphering often complex circumstances and establishing a good legal theory. A lawyer who is knowledgeable of product liability law and the litigation process will craft a strategy to prove the case. An immediate investigation into the facts surrounding the case could expose obvious defective issues. Further, expert testimony is often essential in proving that a defective design caused an injury and/or loss.

Probiotic Therapy – 4 General Product Facts

There are many things to know in probiotic products. In this article, we shall look at the most contentious issues that many users tend to ask about.

Firstly, let’s begin by asserting the good nature of probiotics. Though they are bacteria, they are buddies to the human being. They actually work so well that every time they are depleted by some human action (like use of antibiotics), we replenish our supplies of these bacteria and continue to live healthily. The most common types are Bifidobacteria bifidum and Lactobacillus acidophilus. They fight both viruses as well as some other not-so-good bacteria. This they achieve by introducing a certain level of acid in their environment that only they can survive in.

One major thing with probiotics is that they are able to counter yeast infections and contaminations. For instance, with menopausal women, yeast are best controlled with these bacteria supplements. Other than that, they help women going through menopause with the comfort they crave. Since there are many symptoms that come besides hot flashes, these probiotics help women to cure digestive tract disorders and constipation which would make their days a living hell. In other words, they reduce symptoms of many illnesses and conditions by shuttering the compounding effect of these diseases.

There several types of probiotic therapies. What is important though is to understand that the main aim is to ingest these bacteria and restock after a period of using antibiotics. The modes of ingestion are mainly two. One is the capsules which are heat sealed and optimized for quick ingestion and absorption into the system. The other mode is plain drinking of yoghurt. The fact that it is not complicated does not make it any less important. In fact what you ought to know is that remedies based on natural therapies are the best for any person.

A glass of yoghurt taken regularly can mean the difference between constipation problems and yeast infections and a quiet productive life.

The purpose of using these products is rather straight forward. If you imagine a normal human being without any protection from infections, then you can understand why it is so important to have those supplements. You must make sure the adult or child as the case may be has their gastrointestinal structure in order. Without it, a host of problems like flu of the stomach and random virus attacks can give you a terrible time. Even without using antibiotics, the level of friendly bacteria can go down on its own and that is why you need supplements. When food ingested is not easily absorbable, probiotics are capable of sorting this mess out.

Product Packaging Tips

Product packaging is designed to protect a product. However, it is possible to use the packaging of a specific product to market it to consumers as well. You can use various product packaging tips in order to find the perfect balance between marketing your product and packaging it properly. In order to pack correctly, you will need to know how to analyze the market. You will also need to know what your customers want. Lastly, you will need to know how to pack in a way that allows the customer to remove the product easily.

Understand Your Product

Before you can package your product correctly, you will need to look at how other related things are packaged. Look at these product packaging ideas and incorporate them with product packing ideas of your own. You can take advantage of market research so that you can find out what products are successful. Once you have found out which things are more successful, you can find out what parts of their packaging makes them more successful.

You also need to consider the size of the product packaging. Shelf space at different retail stores is exceedingly expensive. Because of the price of retail shelf space, you will need to make sure that the packing is as small as possible. Keeping the packaging small can ensure that you get your money’s worth.

It can also help your packing cause to stay updated on new product packaging ideas and new product packaging technology. Doing so can help you keep up with competition related to your industry and product.

Understand Product Packaging Laws

How you pack your product is affected by numerous regulations and laws. Some of these laws only pertain to specific products. It is important for you to understand the laws and regulations of packing before you start to pack your product. It can hurt your cause if you create packing that is not legal.

The Consumer Product Safety Commission has set laws into play that only apply to the packing of specific products. The Food and Drug Administration has done the same. This is to ensure the safety of customers and the product in general. Product packaging laws normally apply to various medications and household chemicals. Be safe by knowing the requirements of your product’s packing.

Work with Retailers

There are a lot of large and popular retailers that have some requirements as far as packing is concerned. These requirements may deal with the size of the packaging, the images on the packaging, and the description printed on the packaging. The retailers may also require products to include whatever the stores need to reduce product thievery.

Acne Skin Care And Treatment Products

If you are currently dealing with the pressing problem of acne, do not fret. There are actually thousands upon thousands of people dealing with the same problem. Acne can indeed victimize just about anyone, provided that the right circumstances occur. Thus, it is important to discuss the various acne skin care and treatments in the market right now. In general, there are many acne products that you can use and treatment methods that you can employ. One thing is for certain though, and that is, you should not try just about any product or treatment method on your own. What is effective for a certain person may not necessarily bring about the same results for you. Thus, it is of import to check in with your dermatologist, to determine which acne skin care and treatment products would be appropriate for you.

If you are dealing with acne, then you surely must have heard about proper skin care routine. This is actually an essential part of the whole treatment. Treating acne is not as simple as merely dabbing your face with acne gel that you can easily purchase over the counter. Treating acne goes beyond that simple act. Being stubborn won’t help because self-treatment just might lead to the condition becoming worse. There is also that risk of formation of more acne on your face. And this is something you should definitely avoid.

The important thing in solving the problem of acne is to keep your skin’s production of natural sebum oil under control. One effective product that you can easily use is mild facial wash that contains salicylic acid. But why salicylic acid in particular, you may ask. This is because salicylic acid has properties that can prevent the overproduction of sebum oil. It is actually the sebaceous gland that is overactive here. Salicylic acid works to inhibit the producing properties of your sebaceous glands. Once the salicylic acid components take effect, the clogging of your pores would be reduced significantly. You can then do away with oil and dirt on your face.

Another highly recommended treatment method is the combination of using a topical application consuming supplements specially prescribed for acne. For the appropriate combination to be prescribed, you should still consult your dermatologist. In general, products, such as Acnezine or ClearPores, are highly recommended. These are indeed amongst the top acne skin care and treatment products out in the market today. It also helps to be vigilant about the application and the consumption of acne products, to ensure the proper treatment of the condition.