July 2007 Archives

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Tire Recall: Westlake, Compass, Telluride, YKS

July 31, 2007 04:49 PM

Last week, The National Highway Traffic Safety Administration ordered the recall of as many as 450,000 tires sold in the U.S. An inspection of the tires found that the tires were manufactured with insufficient strips to prevent the tread from peeling off the tire. This is similar to the Firestone/Bridgestone tire recall in 2000 where the two companies recalled over 6.5 million tires as a result of 148 deaths and more than 500 injuries.

The NHTSA has cited the new recall as “failing to comply with the requirements of the Federal Motor Vehicle Safety Standard No. 119.”**

The recalled tires were sold under at least four brand names Compass, Telluride, Westlake and YKS in sizes LT235/75R-15; LT225/75R-16; LT235/85R-16; LT245/75R-16; LT265/75R-16; and LT3X10.5-15. It is reported that the tires have been sold in Los Angeles, California at Tireco, San Diego, CA at K&D Tire Wholesalers among other retailers across the country.

If you have been involved in a car accident call today for a free consultation of your claim: 888.222.8286

**Standard No. 119 - New Pneumatic Tires - Multipurpose Passenger Vehicles, Trucks, Buses, Trailers, and Motorcycles (Effective 3-1-75)
This standard establishes performance and marking requirements for tires for use on multipurpose passenger vehicles, trucks, buses, trailers, and motorcycles. Its purpose is to provide safe operational performance levels for tires used on motor vehicles other than passenger cars, and to place sufficient information on the tires to permit their proper selection and use.

Posted by Legal Staff · Link · Tire Defects · Comments (0)

Los Angeles Motorcycle Accident Lawyer

July 29, 2007 08:42 PM

Southern California provides one of the most ideal places for a motorcyclist to take a Harley Davidson, Yamaha, MBW Motorcycle, Honda motorcycle, Kawasaki motorcycle, Titan motorcycle or other motorcycle out in the open for a ride. The ideal weather and scenic routes along the Pacific Coast Highway and Los Angeles freeways provides a unique riding experience. Unfortunately, these highways and freeways in California are not always safe for motorcycle riders and motorcyclist.

In Los Angeles, the 101, 405, 5, 110, 605 and 710 freeways can prove to be extremely dangerous for motorcycle accidents. For this reasons, California has enacted very strict motorcycle helmet laws.

Motorcycle accidents can be caused by many reasons including careless drivers, careless passengers, negligent car and automobile drivers, road hazards such as pot holes or construction areas without any signage or warnings, weather conditions, racing, lane splitting or lane sharing, traffic violations just to name a few.

Because of the conditions in which a motorcycle is driven, there is more of a chance to have a serious injury as a result of a motorcycle accident or crash. Broken bones, spinal cord injuries, brain injuries, skull fractures and brain bleeding and even death can result as of a motorcycle accident in California.

If you or a loved one has been injured in a motorcycle accident in California, call the Law Offices of Slaughter & Slaughter for a FREE evaluation of your claim today. Our attorneys have the experience necessary to handle all aspects of your claim and to seek the maximum compensation you deserve including possible medical expenses, lost wages, damages for pain and suffering.

Don’t delay and call today for your free consultation from one of our attorneys. You will also not pay any attorneys fees UNLESS we recover for you. Call Today! 888.222.8286

Posted by Legal Staff · Link · Motorcycle Accident · Comments (0)

Car Accident Attorney Los Angeles

July 29, 2007 08:25 PM

Being involved in a car accident can change your life forever. Living and traveling in one of the most densely populated states in the country, California leaves many commuters with the likely possibility of eventually being involved in an auto accident.

Car crashes can result in serious injuries such as brain injuries, spinal cord injuries, broken arms or legs, fractured skull, broken hips, fractured pelvis, paralysis, paraplegia, quadriplegia. Sometimes, car accidents can result in death.

Other times, car accidents can cause other long-term physical problems such as back or neck injuries, whiplash, chronic pain or herniated discs. In any situation, car accidents can be a stressful and unpleasant experience that nobody would want to experience.

At the Los Angeles Offices of Slaughter & Slaughter, our car accident lawyers are dedicated to helping you pursue the maximum compensation you deserve. Our experience team of attorneys will handle your claim, make sure you are getting the proper medical treatment and deal with the insurance companies to seek out the compensation you deserve.

Typically, the most common questions after a car accident in California include: Who is Liable for the Car Accident? What Compensation is Available After a Car Accident? How Do I Get Compensation for a Car Accident? Who Pays for my medical bills after a car accident? Can I get compensation for Lost Wages in California?

Our law firm is committed to providing injured people with honest and aggressive representation. We understand the effects of these traumatic events and the impact they may have on your daily lives. If you or a loved one has been involved in a car accident in California, call the Law Offices of Slaughter & Slaughter for a free evaluation of your claim. Toll Free: 888.222.8286

Posted by Legal Staff · Link · Car Accidents · Comments (0)

Slip & Fall – Premises Liability Los Angeles Attorney

July 26, 2007 03:38 PM

Often referred to as premises liability actions include slip and fall accidents, trip and fall accidents, or falling items hitting you that result in an injury. If you or a family member is injured as a result of a dangerous condition on someone else's property, you may be entitled to compensation for your injuries.

These types of slip and fall injuries may be a result of wet or slick floors, spills of liquid or substance of floors, dangerously constructed walkways or stairs, improper maintenance of stairways and railing, faulty rail handles, cracks, potholes and other surface irregularities, potholes in parking lots, falling merchandise etc….

Duty of Property Owner to Keep Property Safe

The owner of a property (or occupier such as a tenant) who has control over the premises owes a legal duty to keep the property reasonably safe for all visitors who enter the property. Generally, a landowner owes no duty to protect someone outside the property from natural conditions except under certain circumstances like a leaky pipe that causes the sidewalk to be slick. Other exceptions to this rule include trees growing on the property owner’s property, a broken or leaky pipe that allows for water to turn into ice on the sidewalk etc…

A property owner is generally not liable if a person is injured on their property when acting in a dangerous or careless way. This also includes actions which are unauthorized or unexpected. Since often times, the occupier (tenant) is different than the owner of the property, we must discuss the liabilities that each may have if and when an accident occurs on their property. When a premises liability case revolves around the responsibility of the tenant or owner, generally both can be held responsible for the injuries as a result of a slip and fall, trip and fall or premises liability claim.

Generally, the type of duty owed to the victim of a slip and fall accident depends on the relationship of the individual to the property. Since these types of accidents commonly occur on commercial properties, residential properties and public property, it is important to distinguish between the three.

If you have been injured while at a store, amusement park, office building or any other type of business residential property or public property, it is important to properly document the fall or the accident, take notes, take photos if possible, and file an incident report with the property manager or incident department. If you were seriously injured on the property, it is important to get the proper medical care for your injuries. After your injury, it is important to speak with a doctor regarding any continuing pain you may have. Seeking sound and effective legal advice can be invaluable when determining your claim against the landowner. It is important to speak with an experience slip and fall attorney and premises liability lawyer that can properly evaluate your claim and give you an honest and fair evaluation of your claim.

Posted by Legal Staff · Link · Slip and Fall · Comments (0)

California Motorcycle Helmet Law

July 17, 2007 10:55 AM

In 1992, the California legislature enacted a law that required all motorcycle riders to wear a helmet. As of 2006, only three states (Colorado, Iowa and Illinois) do not require motorcycle riders to wear a helmet. Check to see California’s bicycle helmet laws as they differ in requirements.

Wearing a helmet may make a difference when filing a claim for recovery for injuries as a result of your motorcycle accident in California. For example, if you were wearing a helmet, but your injury was not in the head or neck area, the helmet may be insignificant. Since you still would have been injured regardless of the helmet, generally this will make no difference in your claim. On the other hand, if you were wearing a helmet and you suffered an injured to the head or neck area, the fact that you were wearing a helmet may make a difference in your claim (see comparative negligence). Since California requires all motorcycle riders to wear a helmet, if you suffered a head, neck or brain injury as a result of a motorcycle accident and you were not wearing a helmet, it will be very difficult to recover since this may establish comparative negligence.

The National Highway Traffic Safety Administration reported that in 2004, 4,008 motorcyclist were killed in traffic accidents with 46% of the fatalities being the age of 40 or older. The NHTSA also reports that motorcycle deaths have increased by 89% from 1997 – 2004.

Each year, the month of May has been designated as Motorcycle Safety Awareness Month. Each state uses this month to promote safe motorcycle riding. Wearing the proper protective gear including helmets, padding, footwear, eye protection and gloves can help prevent injury and possible fatalities.

If you have been involved in a motorcycle accident, it is important to seek immediate medical attention and speak with an experienced attorney about your legal rights.

Posted by Legal Staff · Link · Motorcycle Accident · Comments (0)

Bicycle Accidents Los Angeles, CA

July 14, 2007 12:13 PM

As a bike rider and cyclist sharing the roads with cars and other motor vehicles, there are many hazards and road conditions that can present a dangerous riding experience. According to the National Highway Safety Administration, there have been more than 49,000 bicyclist deaths in traffic accidents in the United States since 1932.

• In 2004, 725 bicyclist were killed
• In 2004, 41,000 bicyclist were injured in traffic accidents
• Cycling is one of the most frequent causes of injury-related deaths for young children – 130 fatalities in 2004
• In 2004, an estimated 534,883 bicycle-related injuries were treated in US hospital emergency rooms.
• Using a helmet while riding is the single most effective way to reduce head injuries, brain injuries, trauma and fatalities
• 70% of fatal bicycle accidents involve head injuries
• California requires bicyclist to wear helmets under the age of 18

Other State Helmet Laws

In California, cyclist and bike riders have the same rights to use the surface streets as other vehicles. However, cyclist or bicycle riders are not allowed to use the freeways and highways. Similarly, other restrictions can be in place to prohibit the use of bikes. Often times, states require bike riders and cyclist who are not moving as fast as the motor vehicle traffic to use the far right side of the lane. When a bike lane is provided, the cyclist must use it, unless the cyclist can keep up with the motor vehicle traffic.

Some Safe Riding Tips:

Before using your bike, do an overall inspection and make sure it is ready to ride. Check for any loose parts, flat tires, loose chains, unstable handle bars, unstable seat, pedals, brakes and any other are of the bike that looks like it may not be in working condition.

• Obey ALL traffic laws.
• Always use a helmet. As required by California law, all bike riders and cyclist under the age of 18 must wear a helmet. Over 80% of bike fatalities are as a result of a head injury. Protect yourself by always wearing a helmet when riding.
• Proper Attire. Whether conditions can play a big factor in bike accidents. Most bike-riding tailored cloths provide reflective and neon colors which should be easier to be seen by other drivers. When possible, avoid riding at night. If you do choose to ride at night, California law requires certain reflectors and requirements that you must meet.
• Pay Attention: Watch out for construction, road conditions, gravel, slick roads, pedestrians, other cars, road hazards, potholes and other conditions that would make your ride unsafe. Watch out for parked cars, swerving cars and unpredictable movements by other cars. Ride defensively.

If you have been involved in a bike accident in California and have been injured, you may have legal rights to seek compensation for your damages and injuries. Because of the complexities of such accidents and injuries in California, it is important to speak with an experience attorney about your particular situation.

Link to California Bike Laws

Posted by Legal Staff · Link · Bicycle Accidents · Comments (0)

Spinal Cord Injury - Los Angeles

July 13, 2007 02:34 PM

A spinal cord injury can be one of the most devastating injuries anyone will ever face. A spinal cord injury is often caused by a fracture in the spine that injures the nerves in the spinal canal. Typically, spinal cord injuries are a result of force or trauma to the spinal column by either a car accident, slip and falls/trip and falls, auto accidents, a defective product, a physician failing to use care in performing medical services, a recreational accident etc. Spinal cord injuries often result in paralysis, paraplegia or quadriplegia.

The degree of damage that a spinal cord injury presents depends on many factors. Spinal cord injuries can be divided into two categories:

Complete: In a complete spinal cord injury, there is typically a loss of movement and sensation below the injured area. There is generally no displacement of the spine.

Incomplete: In an incomplete spinal cord injury, the patient can still have the ability to move and feel their extremities below the point of injury. Again, displacement of the spine is not generally present.

The exact point of damage that is caused to the spinal cord is referred to as a lesion. These lesions are divided into four categories:

Cervical (C1 – C8): Neck injuries that result in quadriplegia are in the cervical or neck area. The cervical nerves in this area of the spine control the head/neck, diaphram, biceps, deltois, wrist, triceps and hands. If the C1 – C3 are effected, than quadriplegia may result causing complete paralysis of arms, body and legs. Since this also effects the diaphragm, the patient will not be able to breath on their own. A respiratory system will be used as well as a ventilator that can transport oxygen. There are many challenges in a quadriplegia case such as lack of bodily control, the necessity of personal and domestic care and the inability to communication without assistance.

Thoracic (T1 – T11): Injuries in the thoracic area of the spine result in paraplegia. The head, neck and shoulder area would have full movement while injuries in the T1 – T4 section would cause a complete paralysis of the lower body. An injury to this area of the spinal cord can be a devastating one.

Lumbar (L1 – L5): A split between T10 – L1, these injuries may result in a partial paralysis of the lower body. Can cause decreased movement in hips and legs. Located in the lower back, L1 – L5, the nerves in this area control the lower parts of the body including the lower back and abdomen area and buttocks.

Sacral (S1 – S5): This area of the spinal cord controls the lower parts of the legs such as the feet and the genital organs.

Compensation Available

Depending on the circumstances surrounding your injuries, you may be eligible for compensation for your medical bills, past and future; your lost wages, past and future; your lost earning capacity; and your pain and suffering. In addition you may be awarded punitive damages, which are designed to punish the negligent person for acting with malice or conscious disregard for your safety. Oftentimes, this punitive damage award is as big or bigger than the compensatory damages mentioned above.

Although no amount of money can make up for the effects of a spinal cord injury, the law allows victims to seek compensation for medical expenses, lost wages, lost earning capacity and pain and suffering. If nothing else, these awards will ease the financial burden and force the at-fault party to bear some of the responsibility. It is critical to speak with an experienced attorney about your case.


Posted by Legal Staff · Link · Spinal Cord Injury · Comments (0)

Paralysis/Paraplegia Attorney Los Angeles, CA

July 11, 2007 11:01 PM

One of the most traumatic conditions that I have ever seen are those of paralysis patients. This is when the patient has lost total and complete muscle control and sensation as a result of some sort of damage to the spinal cord, brain or nervous system. In the field of personal injury law in California, paralysis is often seen in victims who have been effected in car accidents, motorcycle accidents, trucking accidents or any other type of motorvehicle crashes in Los Angeles.

Since there are many types of paralysis and paraplegia and its causes, I have complied a list and brief description here.

If you or a loved one is suffering from paralysis as a result of an accident or someone else’s negligence, you may be entitled to compensation. Paralysis is caused by damages to the brain, spinal cord or the nervous system often caused by trauma to those areas.

At the Law Offices of Slaughter & Slaughter, we understand not only the potential severity of traumatic accident injuries, but also the severity of the impact its effects such as paralysis, paraplegia or quadriplegia may have on the daily lives of the victim and the victims family.

Although no amount of money can truly compensate one who has these types of injuries, we are experienced in assessing the wide range of effects these injuries can have.

We are willing to fight for your rights and seek the maximum compensation the law will provide. If you or a loved one is suffering from paralysis, paraplegia or quadriplegia as a result of an accident or someone else’s negligence call The Law Offices of Slaughter & Slaughter today.

Call for your FREE consultation today 888.222.8286

Posted by Legal Staff · Link · Paralysis · Comments (0)

School District Liability Los Angeles - LAUSD

July 10, 2007 12:05 AM

Los Angeles is home to the largest school district in the state of California and the second largest in the country. The Los Angeles Unified School District or LAUSD as it is often referred to had over 750,000 students enrolled within the district as of 2006.

In California, school district liability cases are based on the accountability that the school, its teachers, administrators and district directors owe to the students that attend. Injuries often occur on the schoolyard, school play yard, school grounds, playground, basketball courts, football fields, baseball fields, tennis courts, field trips, handball courts, graduation, during recess or at lunch time on the school grounds.

Field trips and any other school sponsored event off of the campus grounds may also be grounds for a school district liability claim.

There are many reasons that your child may be injured including: the negligent supervision of students, inadequate security for students, improper procedures and failure to take proper action.

Bullying is also commonality on many LAUSD campuses as well as fights and sexual harassment. When a teacher, principle or school administrator fails to take proper action to deter these serious occurrences, then a school district may be liable.

If you or your child has been injured at school, you may have a claim to recover for your damages. The LAUSD Los Angeles Unified School District may be liable for the damages. At the Law Offices of Slaughter & Slaughter we have the experience needed to seek the maximum compensation from the School District if your child has been injured.

Call Today! For a FREE consultation of your claim: 888.222.8286

Posted by Legal Staff · Link · School District Liability · Comments (0)

California Truck Accidents Attorney - Law Firm

July 08, 2007 06:25 PM

Driving down the Los Angeles freeways (405, 5, 101, 10, 605) this past weekend, one thing became very clear: the possibility of a collision with a large commercial truck such as an 18-wheeler, semi-truck, container truck or any other over-sized truck is very real.

These types of vehicles are often 5 times the size of the Hummer (one of the largest passenger vehicles on our roads) and weight up to 50 tons. A crash between your average car on the freeway and one of these trucks can be life threatening.

An accident with a large truck, 18-wheeler, semi-truck, or any other oversized truck that may be carrying commercial or hazardous materials for transportation may be one of the most serious types of motor vehicle accidents on the roads today.

The Department of Transportation reported that there were 12,389 Large Trucks Involved in Non-Fatal crashes in California in 2006. The National total was 129,494 Non-Fatal crashes of large trucks.

These trucks can be divided into three categories: Light, Medium and Heavy. The Light trucks are defined as those trucks weighing less than 13,000lbs. Some pick-up trucks fall under this category. The Medium Trucks weight between 13,000lbs. – 30,000lbs. Fire trucks, garbage trucks and various construction trucks may fall under this category. Heavy trucks are the heaviest and largest that the law allows on the roads. The maximum weight of a heavy truck is 50 tons.

“Collision with motor vehicle in transport” was recorded as the most harmful event for 79 percent of the large trucks involved in fatal crash.

I found these statistics quite interesting:
• Over the past 20 years (from 1981 to 2001) there has been a 37-percent increase in registered large trucks and a 91-percent increase in miles traveled by large trucks.
• Over the same time period, the number of large trucks involved in fatal crashes each year has declined by 8 percent, and the vehicle involvement rate for large trucks in fatal crashes has declined by 52 percent.
• Over the past 10 years (from 1991 to 2001) there has been a 27-percent increase in registered large trucks and a 39-percent increase in miles traveled by large trucks.
• The number of large trucks involved in injury crashes each year has increased by 15 percent over the past 10 years, and the vehicle involvement rate for large trucks in injury crashes has declined by 17 percent.
• The number of large trucks involved in property damage only crashes has increased by 35 percent over the past 10 years, but the vehicle involvement rate for large trucks in property damage only crashes has declined by 3 percent.
• Alcohol involvement (blood alcohol concentration of 0.01 gram per deciliter [g/dl] or more) for large truck drivers in fatal crashes has declined by 75 percent since 1982, the first year of FARS data for alcohol involvement in fatal crashes.
Many things can be the cause of a trucking accident in Los Angeles, CA. Most truck accidents are a result of driver related issues such as: running off the road, driving too fast for the conditions, driving in excess of posted speed limit, failure to yield right of way, failure to keep in proper land, inattentive (cell phone), failure to obey traffic signs, erratic or reckless driving, obscured vision by weather conditions, non-moving traffic violations, drowsiness and fatigue, overcorrecting, operating without proper equipment, making improper turns, following too closely, swerving, backing improperly, stopped in roadway, and vision problems.

The largest heavy truck manufacturers in the world include: Daimler-Chrysler, Volvo, PACCAR, Navistar, MAN, Scania, Hino Motors, Iveco, Nissan Diesel and Volkswagen.

Since trucking accidents in Los Angeles, California may be complex and potentially devastating, it is important to speak with an experienced a

Posted by Legal Staff · Link · Truck Accident · Comments (0)

Riverside Personal Injury Lawyers - Attorney

July 06, 2007 12:05 PM

Riverside California Personal Injury Lawyer – Attorney

If you or a loved on has been injured as a result of an accident or someone else’s wrongdoing, you may be entitled to compensation and recovery for your damages. Call today and speak with one of our Riverside personal injury attorneys about your legal rights. Free Consultation regarding your case: 888.222.8286.

In California, there are time limits upon which you have to bring a claim for a personal injury. Once that deadline passes, you forever lose your right to bring a claim for your bodily injuries. Don’t delay any further and begin your path to recovery today.

Riverside California Personal Injury Lawyers helping you seek the maximum compensation allowable by law. Our experienced California injury attorneys will provide you with and honest evaluation of your claim and aggressively pursue your case.

NO FEE UNLESS WE WIN
FREE CONSULTATION
FLEXIBLE WEEKEND AND EVENING APPOINTMENTS

Posted by Legal Staff · Link · Riverside · Comments (0)

Happy 4th of July! - Independence Day Tips

July 04, 2007 11:07 AM

Fireworks, barbeques, family and friends! Today is Independence Day. A celebration worthy of such festivities. However, it is also one of the deadliest days to drive in California. With alcohol playing the major role in this statistic, it is important to recognize your surroundings, plan ahead and party safe.

1. Don't drink and drive. Either drink or choose to drive. DO NOT DO BOTH. By planning ahead, you make a conscious and responsible choice. You can save your own life or the life of another by taking cabs or designatined a sober driver to take the responsibility of driving you and your party home safely.

2. Wear Seatbelts. As they say in California, "click it or ticket". Wearing a seatbelt has been proven time and time again to keep you safe and save lives. While you can't control the actions of other drivers sharing the road, you can certainly prevent serious injury or even death by wearing your seatbelt.

3. Slow Down. The number one cause of accidents on the California freeways are a result of someone drving too fast and another driver going to slow. Watch your speed and make sure you are obeying all traffic laws. Pay attention to your surroundings, check your tires, watch out for any weather conditions or construction areas.

Have a safe and happy 4th of July.

Posted by Reza · Link · Car Accidents · Comments (0)

Auto Insurance Accident Claims - Shocking Study

July 04, 2007 10:32 AM

If you have been in a car accident, motorcycle accident or any other motor vehicle accident for which you have insurance coverage, collecting from your insurance for damages to your car or motorcycle can be more complex and difficult than ever expected.

CNN recently conducted an 18-month investigation and their findings are shocking to the average consumer - who now pays higher insurance premiums than any other time in our history.

Here are some interesting parts of the article:

"The result has been billions in profits for insurance companies and little, if anything, for the public, according to University of Nevada insurance law professor Jeff Stempel."

"Shannon Kmatz, a police officer and former Allstate claims agent, said company employees were encouraged to get rid of claims quickly and cheaply and even offered accident victims as little as $50, telling them to take it or leave it."

Basically, insurance companies have an unlimited amount of resources, and their main concern is profits rather than the well being of their customers. Insurance Companies are willing to exhaust every avenue to prevent their policy holders from collecting for legitimate claims. This is a must read article.

Here is the link to the entire article at CNN

Posted by Legal Staff · Link · Car Accidents · Comments (0)

Dog Bites - Los Angeles, California

July 03, 2007 02:33 PM

Animals attack and cause injuries more often than many may think. In particular, dogs cause these injuries by biting, jumping, clawing, gnawing and knocking down people.

In California, dog owners are strictly liable for any injuries their dog causes. In some states, the law requires that the dog owner know of the dangerous propensity of the dog before they would be found liable. Such a propensity can be known if the dog has attacked people in the past, the dog has bitten or jumped at anyone in the past.

Some dogs are considered of a fighting breed. These dogs tend to be more aggressive and would not require the injured to prove a past violent behavior.

Often times, a dog owner is covered by a homeowners insurance policy, which would cover the injuries caused to the person. Occasionally, dogs may run into the roads and highways causing motor vehicle accidents. A dog owner may be liable for the accident caused by the dog running into the road.

It is important to consult with an experienced dog bite and dog attack lawyer to discuss your particular situation. Possible breeds of dogs:

- German Shepards
- Pit Bull
- Rottweilers
- Dobermans
- Boxers
- Alaskan Malmutes
- Akitas
- American Stafforshire Terriers
- Great Danes
- Huskies, Siberian Huskies
- Wolf Mixes

Posted by Legal Staff · Link · Dog Bites · Comments (0)

Product Liabililty

July 01, 2007 12:07 PM

Product liability is used to describe the liability of a supplier of a product who sells, distributes or produces a product that causes harm to its end user. A supplier can be the actual manufacturer of the dangerous product, the wholesaler of the dangerous product, or distributor of the dangerous product. The supplier must be in the business of selling or distributing that particular type of product. In addition, the product must in fact reach the end user in the same condition in which it was originally sold. The end user does not need to be the actual purchaser of the product itself.

Generally, there must be: a) an unreasonably dangerous product; b) the defect in the unreasonably dangerous product caused the injury or harm.

In most states, courts have determined that a defective product is one that has a defective condition that is unreasonably dangerous to the public or its users. There are two types of defects:

1) Manufacturing Defect: During the manufacturing process or production, a product is altered or different from the other products in production and turns out to be more dangerous than the other products leading to cause an unreasonable defect. Defective foods or recalled foods are typically treated as a manufacturing defect.

2) Design Defect: During manufacturing or production, all of the products made are identical and present a dangerous defect. Since the design was poor and resulted in the unreasonably dangerous product, the entire design was defective as well as the entire line of products.

3) Failure to Warn: Under products liability, strict liability may be applied when a product is unreasonably dangerous and the supplier, manufacturer or retailer fails to warn of the dangers. Failure to warn may exist even if there were no defect at all.

Products liability cases are typically analyzed under the strict liability rules where the defendant is liable under a no fault analysis. This often means that it is unnecessary to show liability when a product falls below the standards imposed by an implied warranty of the products use. The supplier may be required to warn of the dangers which would be reasonably known at the time of the sale of the product.

Posted by Legal Staff · Link · Product Liability · Comments (0)