Product liability can have a wide range of applications, from defective products that cause injury or death to cases of negligence on the part of a manufacturer. Often, state laws have a great deal of bearing on how a product liability suit is handled. This is true in California, so as a San Diego-based law firm, we wanted to alert our clients to important local laws dealing with the statute of limitations in product liability cases.
How Long Do You Have to File a Liability Suit?
In California, the statute of limitations is two years. For example, let’s say a person gets listeria from a package of hummus (since this topic has been in the news lately). Two years from now, a suit is no longer possible. The fact is that two years is a fair amount of time to discover the full extent of the injuries from a defective product, and this is a common time frame among states.
In California, the addendum is that action can be brought about within two years of when the injury should have been discovered. That means if a product produces an injury that may legitimately not have been noted for a year, a person would have two years from that time to bring about a suit. This means that you should not discount your case simply because two years have elapsed since you purchased the product that caused the injury. Extenuating circumstance may allow you to have a case despite the extended timeframe.
Sometimes a dangerous product is sold without proper testing to ensure safety. Or certain products may roll off the line that are defective and get distributed either knowingly or unknowingly. These products may also cause serious harm. If you have been the victim of personal injury due to a product that is defective or dangerous, what should you know?
Keep the Product!
Your first instinct may be to throw away the item that hurt you, but this is a mistake if you think you may have a potential claim. If the product is defective, you will need to have the specific product that injured you for your case as the manufacturer may be able to provide safe examples. When it comes to dangerous products, a manufacturer may try to get rid of all of the product to avoid liability. If you do not keep your product, there may be no proof that the dangerous item even exists.
Keep the Documentation
You want everything from the instruction manual to your original receipt. This will allow you to back up claims as to the recommended use of the product by the manufacturer as well as the fact that you legally obtained the item that caused the injury.
Don’t Alter the Product
If you make any changes to the product, the manufacturer will try to claim that your alterations are what made the product dangerous, even if the changes you made are seemingly unrelated to the injury.
Seek Legal Counsel Right Away
Liability is usually limited under state law, so don’t wait to seek legal counsel and pursue damages from the company. The personal injury lawyers at the Petrov Law Firm will be happy to help you seek due compensation for the injuries you have received.
When you rent a car, you generally have to make a split second decision about buying additional car insurance while standing in line at the counter. When trying to make that decision you should take three things into consideration.
One, do you have your own car insurance? While you should always call and ask ahead of time, you will find that most car insurance liability coverage carries over onto any car. This means that if you cause an accident and harm anyone or damage anything, then your insurance will provide coverage. But keep in mind, some insurance companies won’t cover damages done if the other driver is at fault. But the other driver’s insurance should cover that.
Two, a stolen car could be tricky. Remember, you may not have comprehensive coverage. So if the rental car is stolen, your own insurance might not cover the loss. This is a legitimate reason for buying rental car coverage. If you don’t have comprehensive coverage, you could be on the hook for the cost of the car.
Three, are you paying with a credit card? Most credit cards will cover a substantial loss if you reserve and pay with the card. So, you could have additional coverage thanks to plastic. And that could be a great way to cover the loss if the car is stolen.
Most importantly, when you rent a car, drive safely and lock the car. Be prepared by calling your insurance company and using a credit with additional coverage. If you’ve caused an accident while driving a rental car, call a personal injury attorney to help you navigate through the difficult course.Read More
Generic drugs are the same as the brand name, right? Unfortunately, the answer is, “most of the time.” If you switched to a generic drug but found you were having new side-effects, then you are likely having a problem with the inactive ingredients. If you had a strong reaction to the generic drug, a reaction that caused medical problems, then you should speak to a personal injury attorney.
Inactive ingredients aren’t always harmless. The excipients that drug companies use to carry medications can cause strong reactions in a limited number of patients. When switching to a generic or store-brand drug, some people will have allergic reactions to the new, “equal” medication. If that allergic reaction puts you in the emergency room, then you have a product liability case to discuss with a lawyer.
When drug companies go through a FDA approval for a generic or store brand drug, they don’t have to submit the drug with the inactive ingredients for approval. The drug companies only have to prove that the actual drug is the same as the prescription or name brand drug. Those slight variations can cause significant problems for a limited number of people.
In addition to any product liability issues, you will also need a lawyer to help you navigate the liability associated with insurance companies forcing you to take a generic drug that is causing undue side effects. You might need to use the product liability case notes from an unbiased doctor to prove to your insurance company (and pharmacist) that the generic is harmful to you.
You know your body best. When you feel different taking the generic medication, don’t ignore the signs by your body. Stand strong and insist that the generic drug is causing problems; and if the problems persist, contact a personal injury attorney to stand by your side.Read More
Product liability lawsuits are one important way to hold corporations liable when they create dangerous or harmful products. Generally, these are different from the lawsuits against corporations for injuries as a result of slip-and-fall accidents. For example, if you buy a faulty hairdryer and it lights on fire burning your hand and damaging your home, then you would have a product liability lawsuits. As with any personal injury cases, you and your lawyer must be able to show a loss — like medical bills or lost wages. If you feel that you have a product liability lawsuit, contact a lawyer before contacting the corporation. You and your lawyer will need to carefully build the case to hold the corporation most accountable for your injury and losses.
Consumers have the right to expect a reasonable amount of care and safety for the products they sell. Be careful not confuse the distributor (or store) with the manufacturer. For example, if you buy a bottled drink that has spoiled, the liable party could be the manufacturer, the distributor responsible for transportation, or the store that sold the product. If you get seriously sick, not only will you initiate at least one lawsuit, the corporations might begin to sue and counter-sue each other.
Breach of warranty is also an important concept in product liability cases. Essentially, does the product really do what it promises. Corporations can’t go making false claims about the effectiveness of their products — or every pill maker could start selling magical weight loss tablets. Generally, these claims require scientific research and may be difficult to prove.
The third kind of product liability is for any damage done as a side effect of product use. For example, the hairspray you bought might hold your hair in place, but it also gives your scalp a chemical burn. Because most mass products go through extensive testing, you might only find a liability case against a small business without the resources to completely test its products prior to distribution.
Finally, was the product simply dangerous. Toy manufacturers have to face these claims occasionally. For example, a toy that is designed to come apart into several small pieces shouldn’t be marketed to toddlers who are prone to choking.Read More
In short, yes. However, because it’s written words, you would sue for libel.
Can I sue Facebook for posting it?
No. Generally, companies like Twitter and Facebook are not responsible for the content people post. In addition, the companies that host those websites are generally not liable for the content of the websites. You have to sue the person who posted the information?
How much can I get for a libel case?
Like any lawsuit, you will have to show a documented loss because of the posted information. For example, if you had a significant number of business contacts on Facebook and Twitter, you could track and show a significant drop in business if those contacts thought the information was true. You might also be able to make a claim for emotional distress.
Where does the money come from?
Like any personal injury case, there are several ways your lawyer can collect if the case is settled in your favor. You can always lay claim to a percentage of someone’s income over the course of ten (or twenty) years. You might be able to collect about 25% of his or her annual salary. If the person you are suing has a home insurance policy (like a homeowner’s policy or renter’s policy) your lawyer might be able to collect by placing a claim against that policy. Homeowner policies often include substantial coverage for libel and slander.
Where do I start?
Start by collecting evidence. Because Internet postings can disappear with just a few keystrokes, take screenshots showing anything negative written specifically about you. In addition, ask friends about any additional libelous postings that you might not have been privy to. Because many people have strict Facebook profile settings, you might not be able to see something that hundreds or thousands of others were able to see. Once you have proof of libel, call a lawyer.Read More
If you got sick after eating in a restaurant, you may have a tough time making a case against the business for food poisoning. However, there are specific circumstances in which you might be able to regain some of your losses because of food poisoning.
First, be prepared to show your losses. While you may have been uncomfortable for twenty-four hours or so, you will need to show substantial financial losses to make a legal claim. Lost wages and medical expenses are generally the kinds of losses that add up to a substantial sum.
If you suspect that you’re suffering from food poisoning, start to make notes immediately. Record everything you can recall about the food you’ve been eating for the days leading up to the sickness. Record all of the expenses and losses that come with being sick. You and your lawyer can make a case, but proper notes and records will make for a good settlement.Read More
Product liability lawsuits are a subset of personal injury lawsuits. While there are three specific kinds of faulty product cases, any lawsuit would fall into this category when a manufactured product causes harm. From a poorly designed blender to a car that is likely to flip over, if you were injured by a manufactured product, you will need a personal injury attorney to guide you through the litigation process.
As mentioned above, there are three categories of product liability — design flaw, manufacturing flaw, and instructional flaw. A design flaw comes in a product that was manufactured to specification, but is dangerous when used. For example, curling irons with a faulty automatic shut-off function have a design flaw. If the same curling iron is generally safe, but the one you bought was the only one with a faulty switch, then it’s a case of a manufacturing flaw. Lastly, if the curling iron is safe, but does not come with sufficient instructions as to how to avoid being burned, it’s a case of flawed instructions.
Because products sold in the US have some of the strictest product testing guidelines, you are not likely to find a lot of faulty products by major manufacturers. However, if you hired a small company to custom-make a product that proved faulty, it is easier to make a case for product liability. Small businesses that design furniture, build playground equipment, and create aftermarket auto parts are just a few examples of companies that have to face product liability lawsuits.
Generally, these kinds of small businesses will have insurance policies to cover faulty design and manufacturing. The insurance policy ensures that there will be sufficient money to cover any and all injuries and losses. However, as with all personal injury cases, insurance companies have teams of lawyers on their side fighting to keep as much money as possible. You will need a good personal injury lawyer on your side to recover what you’ve lost.Read More
If you are setting up your will for the first time or if you are reviewing your estate plan, you should take a close look at how your house will impact the value of your estate and how that value will be distributed after you die.
Because your house is likely your greatest asset, you should consult an estate planner to help you decide how to give the house to your heirs. If you are just going to pass the house along to your spouse, there will still be complicating factors (like debts and estate tax) and an estate attorney can help you protect the home.
If you are passing the house along to more than one heir, err on the side of caution and speak to an estate lawyer about what some of the options might be when you pass away. Unfortunately, not all heirs get along and putting them together as the joint-owners of your house might make for some conflict during an already-difficult time.
You can balance the value of the house along with the value of the rest of the estate (now and in the future) and create a formula so that the estate is evenly split but only one heir takes ownership of the house. In addition, you could give your heirs some options so that if one wants to keep the house, there is a first right of refusal clause to allow for that.
With complex family constructs today, you might want to give your current spouse the right to live in the house for as long as he or she is alive, but pass the house along to different heirs once your spouse dies. (This is especially common with second-marriages and step-parents.)
You have more options than you know. Your home is worth a lot of money; give it the attention in your plans that it deserves.Read More