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.

Exploring Anti Aging Skin Care Products

There are thousands of anti aging skin care products on the market as you must be well aware of. However, the quality of these anti wrinkle skin products will vary from exceptionally lousy to outstanding. Not surprisingly, many of the companies will claim their special brand is the best there is.

Obviously not every product can be the best. That means there is a lot of misinformation about skin care out there. No wonder consumers looking for high quality anti aging skin care products often are unsure as to which specific product they should buy and use.

In general, products containing ingredients that have been proven effective by clinical tests can credibly be called good products. Let’s take a look at a few of these.

Any product containing ingredients that are 100 % natural would definitely be worth exploring. That’s because all natural anti aging skin care products typically avoid harmful or even toxic, which are still often used by even brand name companies that base their products on chemicals and mineral oil.

They will use preservatives and synthetic chemicals in order to make their creams have a nice texture, smell good or make it stay good for years on the supermarket’s shelf. While such properties are great for the company’s profits, they are unfortunately harmful to the people using these products: possibly causing skin irritation, rashes and even cancer.

But when you use all-natural products that are free of these potentially dangerous ingredients, you can avoid a lot of potential health hazards.

Of course, it is also important to do some research when on the lookout for the best anti aging skin care products. Such research could consist of reading user reviews, doing a little customer service research, or simply taking the good advice of a friend. Great products will eventually develop a reputation for being great – regardless of if they are widely advertised or not. When you find a product with a reputation like that, it is definitely worth trying out.

However, remember not to take all anti wrinkle cream reviews as the absolute truth, because different people have different opinions on what equals “good”, and what may work for someone else, may not be ideal for you.

My tip is to try out a few skincare product lines that are 100% natural and have good customer reviews. Try to find products containing a mix of natural substances designed not only to moisture, but also to boost your skin’s collagen production.

Some of the best all-natural ingredients include, but are not limited to, C-enzyme Q10, Xtend TK and Phytessence Wakame. These are all powerhouse ingredients proven to smooth out wrinkles and keep new ones away. Look for anti aging skin care products containing these three, and you should be seeing anti wrinkle effects in no time!

To learn more about anti wrinkle skin products and natural skin care, please visit my website today for founded, reliable information.

Get Your Brand Visible By Designing Promotional Products

Marketing and branding shouldn’t have one focus. While getting yourself seen on and creating sales through the internet has increased over the last decade, the physical world should not be ignored. Although the return of investment from print advertising has declined, branding through promotional products is still an effective approach for getting seen. Instead of adding your logo and name to any common product, however, consider the items used to promote your business. The items displaying your logo should be moderately associated with your services or products, or they should be general use products that nearly everyone will need.

Finding the right product depends on your industry, as nearly all items can be transformed through an imprinted logo. If your business sells garments, for example, don’t go with paperweights displaying your name. Instead, consider an industry-relevant product such as, in your case, garment bags for traveling.

General products, however, can also make an impact, too, but the product displaying your logo should be one nearly anyone can use. Tote bags, mugs, and pens, because of this, are some of the more popular promotional products for all businesses.

While being industry-specific or all-around useful helps with getting seen, part of branding involves a recognizable image. When thinking about the logo displayed on all products and the color of the products themselves, choose shades that can be instantly identified with your brand. Creating promotional products is not an occasion to be unique. Instead, you want to create an item that everyone will quickly associate with your company or organization.

A third factor to consider is the consumer. Who are you targeting? While many promotional products go to the public, your employees or customers can also display your product. For the general public, consider promotional products that can be quickly and easily be distributed. For your employees or customers, think about items that will be useful on a daily basis.

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.