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How do defective product lawsuits work?

Normally when I buy a product that ends up being defective, I’ll just return the product and ask for a refund. I don’t have time to spend lots of energy on little day to day issues like a faulty hairdryer. But I recently had a situation go awfully wrong. It went so wrong that I actually looked into the possibility to sue for a faulty product. I learned a lot about defective product liability on the Law Offices of Seaton & Bates, PLLC website. It turns out, some people have been in even worse situations than me, and lawyers are available to help get defective product accidents worked out.

It turns out, there are a couple different entities that can be held responsible for a defective product. I thought that the manufacturer was the only person that could get in trouble for that sort of thing, but it turns out there are many more people involved in the process than I realized. Any outside, third-party design firm could face liability for a defective product. If products become defective during shipping, the company in charge of that could also be held liable. Lastly, the store owner could also be held liable if they do anything to change the product and make it defective before selling it to the public.

There are a lot of people involved in the process from start to finish, and I am sure that it’s difficult to pinpoint the exact moment when a product becomes defective in any given situation. Luckily, lawyers have expert witnesses and the statements of industry professionals to help guide them and determine who was at fault.

Some of the big manufacturing corporations also have in-house lawyers to represent them in defective product cases. Because of that, it’s basically impossible to get a settlement for your damages without hiring a lawyer yourself. I would recommend that anyone who ended up in the hospital due to a defective product hire a lawyer to get them what they deserve.


A Basic Overview of Tornadoes

We’ve all seen a tornado at some point in our lives, whether it was in a movie (Twister, The Wizard of Oz, Sharknado), on the news, or if we were unfortunate enough to see the swirling vortex in person. Regardless of how we’ve been exposed to a tornado, we all know that the damages caused by the storm can be catastrophic. Given my interest in meteorology, I decided to do a little research and expand my knowledge of tornadoes.

The Glossary of Meteorology defines a tornado as “a visibly rotating column of air, in contact with the ground, either pendant from a cumuliform cloud or underneath a cumuliform cloud, and often (but not always) visible as a funnel cloud.”  When a single storm produces more than one tornado, meteorologists refer to this group of tornadoes as a “tornado family.” Do not let the term confuse you. Even though this group of tornadoes creates a “family,” this family is not spending quality time around the dinner table. Rather, this “family” is causing severe destruction to anything unfortunate to be in its members’ paths.

A “tornado outbreak” is a phenomenon where multiple tornadoes are spawned by the same weather system. The most severe tornado outbreak occurred in 2011, and it was labeled the 2011 Super Outbreak. This outbreak consisted of 360 confirmed tornadoes over the southeastern United States. 216 of the 360 tornadoes were spawned in a single 24-hour period. Before this episode, the most tornados ever created within the same weather system was 148.

The deadliest single tornado in United States history occurred in Missouri, Illinois, and Indiana on March 18, 1925. This tornado traveled over 200 miles and lasted about 3.5 hours. The tornado was once recorded as traveling at the fast speed of 73 mph. Over the course of the 3.5 hours, this violent stormed destroyed everything in its path and ultimately killed 695 individuals. It truly is a tragic story that stresses how dangerous tornadoes can be.

Unfortunately, tornadoes can be found anywhere in the United States. During my research, I came across an article that emphasized this fact. The article described the tornado-prone region known as “Tornado Alley,” which covers the area from central Texas to northern Iowa. The article pointed out how Tornado Alley experiences a higher frequency of tornadoes than the rest of the country, and it explained how Texas has been hit hard by tornadoes recently. These storms have caused significant damage to homes and businesses in the region.

While exciting subjects in the study of meteorology, the dangers of tornadoes cannot be stressed enough. In a way, these violent, swirling storms have a natural beauty to them while at the same time being very ominous. The individuals in Tornado Alley are particularly susceptible to these vicious storms. Hopefully, no tornado outbreaks occur in this region in the near future. However, it wouldn’t be surprising when taking a look at the history of the area. It’s safe to say that several people in the region have had to or may have to in the future call upon a tornado damage insurance attorney.

Arlington Truck Chase

Most of us don’t think of our daily commutes as particularly eventful. We drive to work, get angry at the traffic, then drive back. Often, we barely even consider the possibility of an injury or car crash during it. But in July, Dallas-Fort Worth commuters faced a very different situation when a man driving an 18 wheeler truck led the police on a twenty-minute car chase towards Arlington. The man, who may have stolen the vehicle, traveled near or over 100 miles per hour for most of the chase and showed little regard for other drivers on the road. He crashed into vehicles and drove other drivers off the road, ultimately injuring over a dozen people. Fortunately, no one was killed during the chase. After his vehicle crashed into a retainer, Arlington police and SWAT quickly arrived to arrest the man.

As anyone who’s been in a car accident knows it can be a traumatic experience. Even if you’re not severely injured, the event can be quite terrifying. Many people may not know what to do or how to react in the event of a bad crash. When it’s such a sudden situation as the one mentioned above, it can be even more shocking. And even injuries that aren’t life-threatening can still cause significant problems. Something as seemingly minor as a broken bone or small neck injury can require people to miss work, cause difficulty taking care of the home, and incur significant medical expenses.

Then there are the property costs involved. Everyone is required to buy car insurance before they drive, but it may not cover the full amount of the damages. For someone who is already struggling financially, this can make already present problems perilous. And if your insurance doesn’t cover a replacement vehicle while yours is being repaired, you may be out of luck. Going to work, going to the store, visiting friends- all become significantly more difficult when you don’t have a vehicle of your own.

According to this law firm, when a truck is involved in an accident it’s the company who owns the truck that assumes liability (assuming the accident was caused by a fault of their truck or driver). This is a good thing. Larger companies will have more resources to help pay for damages/medical expenses that you may incur as a result of a collision. Plus, since many of them are very focused on vehicle safety, they may be more willing to help in order to maintain their image or avoid a scandal. This only applies when they’re the ones at fault, of course. If you’re the cause of a collision, you’re the one who’s going to have to pay for the damages. So make sure you always drive safely. You never know what may happen. None of us wants to be the one who has to shell out hundreds or thousands of dollars. And we especially don’t want to be responsible for injuring or killing another person.

How You Can Lose Your License as a Medical Professional

Health is a complicated industry. That is why those who are in it have professional licenses, to prove that they are competent to practice and convince their patients that they are in good hands. But it is important to remember that medical professionals are also human beings, so they commit mistakes. But unlike normal citizens, medical professionals may face unique consequences from their mistakes, such as license suspensions.

Criminal Offenses

Criminal offenses are some of the most obvious reasons behind license suspension, because of course, if a person is not physically and mentally sound enough to follow the law, what makes this person competent enough to safely practice the complexity in the medical industry? Below are some of the most common criminal aspects that can influence license status:

  • Offense that is directly related to the medical field
  • Offense that is not directly related to the medical field but has been committed within five years
  • Offense is serious, such as aggravated robbery and capital murder

Licensing bodies also have the tendency to act on their own, so they can cancel professional licenses if they have enough reason to do so. In fact, there are instances where medical professionals who have charges that have not been elevated to convictions have lost their licenses, just because the licensing bodies thought that is was the necessary thing to do.

Practice Violations

Aside from criminal acts, medical professionals can also get their licenses revoked by committing incompetent, unethical, and unprofessional practices, such as the following:

  • Abuse of impairment products, such as alcohol and drugs
  • Continued practice despite of the invalidity of license
  • Medical malpractice, such as misdiagnoses and surgery errors
  • Physical or sexual abuse of patients
  • Presentation of false documents during license application or renewal
  • Impersonation of another medical professional
  • Violation of safety procedures, especially if it has caused harm to a patient

Of course, licensing bodies are not unfair and unreasonable. In fact, according to the website of the Leichter Law Firm, those who are in danger of being disciplined by a medical licensing board may have legal options, such as defending their medical licenses. So, it is not like licensing bodies are going around and blindly canceling licenses because of the things mentioned above, because the medical professionals in question are also heard.

Sexual Abuse, the least Reported, yet, the most Humiliating Abuse in Nursing Homes

Many families choose to put their elderly loved ones into nursing homes to ensure they receive the attention and assistance necessary to thrive and be healthy. Many nursing homes prey on the handicaps of the elderly, committing abuses that cause elderly people return home in worse condition than they were before. These abuses can take many shapes and forms, and cause serious harm to the elderly. Perhaps the most devastating consequence of the abuse is the psychological harm that is inflicted onto the victim. Only time can heal the mental damage that prolonged abuse causes, and some elderly people may not have the time necessary to fully recover.”

The most common forms of abuses nursing home residents are made to suffer from include physical abuse, financial abuse, emotional abuse and, the most degrading and wicked of all, sexual abuse. This last type of abusive conduct is committed in various ways, including showing of pornographic materials, forced nudity, fondling, forcing another resident to kiss or touch the victim and, worst of all, forced penetrative acts.

Despite the gravity of the offense, sexual abuse is the least reported type of abuse due to the humiliation a victim feels. Some signs of sexual abuse are bruises, blood stains, rips in undergarments, sudden trouble standing, sitting, or walking, newly discovered sexually transmitted diseases, pain or injury in pelvic area, and inappropriate or atypical behavior. It is not easy to detect signs of sexual abuse; victims also very rarely confide with anyone about the abuse committed against them due either to fear or shame. Thus, rather than reveal the abuses committed against him/her, a victim rather becomes withdrawn, silent, sensitive to touch, evasive of eye contact and low-esteemed. Often sexually abused victims also sustain laceration or other wounds which he/she would refuse to explain the cause of.

Trusting anybody with loved ones is a difficult thing, but when this trust is betrayed and people are hurt, justice needs to be served.

Injuries Caused by Rear-end Collisions

There are different kinds of traffic accidents. We have head-on collisions, t-bone collisions, and the often misunderstood rear-end collisions. When rear-end collisions happen, it is always assumed that the vehicle at the back is the one at fault, but this is not always the case. It always depends on the issue of recklessness and negligence.

But whoever it is at fault, it doesn’t change the fact that rear-end accidents can cause serious injury to both the innocent and injured party. The worst cases even result into death. According to the website of West Palm Beach car accident attorneys, car accidents like rear-end collisions may be subject to a personal injury case.

If you want to know more about the common injuries you can sustain on rear-end accidents, read on.

Brain or head injury due to trauma

Traumatic injuries in the brain or head are common in all kinds of traffic accidents, but they can be particularly dangerous to rear-end accidents. Most of the time, you cannot prepare for rear-end collisions, especially if your vehicle is the one who is about to be struck in the back. The sudden jolt caused by the impact can send your head crashing into your steering wheel or anything else that is hard enough to cause injury to your head or brain.

Facial Disfigurement

This is almost the same concept as the previous entry. The jolt caused by the collision can make your face prone to airbag deployments, debris and projectiles, and hard surfaces. All of these can cause serious damage to your face, which may require extensive treatment or even surgery.

Neck Injury

Since you are not ready for a collision, your muscles are mostly in a relaxed state. They are caught off-guard on impact, causing your whole body, particularly your neck, to jolt with excessive force and cause injury.

Neck injuries can range from a minor strain, soft tissue damage like whiplash, to a cervical fracture, which is the most serious neck injury you can get from a rear-end collision.

Spine Injury

Like neck injuries, spine injuries are more likely to occur on the occupants of the rear-ended car. The relaxed state of the muscles is again to blame. The sudden force from the collision can jolt the unsuspecting body, making the spine very prone to damages.

Small bones connected to the spine called discs are one of the most vulnerable parts during such accidents. They violently shake upon impact, causing them to be dislocated. This is called disc herniation.

Although the head, face, neck, and spine are the most vulnerable parts of the body during a rear-end collision, other parts can also sustain damages. Other injuries involve the shoulders, hands, wrists, and arms.

Rights of the “Real Parties in Interest” in the Event of a Wrongful Death

An injury, which is due to a person’s negligence, is called a personal injury. It may be physical, emotional or mental; it could also be intentional or unintentional. Personal injuries can happen through many different ways, including, but not limited to: car accidents; motorcycle accidents; truck accidents; construction accidents; medical malpractice; defective products; slip and fall accidents; and, nursing home abuse or negligence. While many accidents result to severe injuries, there are cases wherein their effect is much more damaging, leading to a victim’s wrongful or untimely death

In a wrongful death situation, the family or the dependents of the deceased victim can pursue a legal action, primarily, for the purpose of seeking justice. This legal action, which is called a wrongful death claim, is for the benefit of the “real parties in interest,” meaning, the surviving family members and the decedent’s (or deceased victim) other dependents. A wrongful death claim is a special kind of personal injury lawsuit which is intended to seek compensation for whatever pecuniary or financial damages the dependents may suffer, like loss of the decedent’s financial support, services and companionship, lost prospect of inheritance, medical expenses, and funeral expenses.

A representative, who would act on behalf of the “real parties in interest,” has the duty of filing a wrongful death claim. The “real parties in interest” do not only include the decedent’s immediate family, which means the spouse, child/children and/or adopted children, as there may also be other individuals who, based on their relationship with the deceased victim, are also considered by some states as having the right to be included in the “real parties in interest” group. They are the decedent’s parents, distant family members, like brothers and sisters, and grandparents, financial dependents, and, life partner or putative spouse (a putative spouse is someone who has cohabited with the victim. He/She entered into marriage with the victim, however, due to a legal flaw, like a previous marriage that still exists, their marriage was declared invalid).

As explained by a wrongful death attorney from the law firm Habush Habush & Rottier S.C. ®, those who have experienced the wrongful death of a loved one, regardless of the cause, may be able to fight for compensation in order to help deal with the consequences of their loss. Compensation should include medical costs, funeral expenses, loss income which should have been earned by the deceased victim, and loss of companionship among others.

Pursue Legal Action Against Those Who Cause Birth Injuries

Despite today’s modern medical equipment, records from the Agency for Healthcare Research and Quality (AHRQ) of the U.S. Department of Health & Human Services, show that as many as 28,000 babies continue to be born with a birth injury every year. Though most of these injuries are minor and heal without any need for treatment, some are serious enough to alter an affected child’s life.

A birth injury, also called birth trauma, refers to any type of injury or harm sustained during the birthing process. A birth injury is usually due to a difficult delivery which, in turn may be due to the abnormal position of a fetus in the uterus at birth, the mother’s birth canal being too small; or, the fetus being too large. Doctors usually use a vacuum or forceps when delivering larger babies in order to make babies’ passage through the birth canal easier. Use of birthing instrument, however, can result to neonatal injuries, especially if the doctor is not careful when using birthing instruments or uses too much force. Difficult delivery or not, though, many legal and medical professionals say that the major reason why many babies suffer injuries is because of negligence and that acts of negligence are committed in delivery rooms far more frequently than anyone may realize.

The 10 most common birth injuries suffered by newborns include:

  • Cerebral Palsy, a condition marked by spastic paralysis or impaired muscle coordination and/or other disabilities; this condition is typically due to damage to the brain before or during birth;
  • Bone Fracture, like fracture to the collar bone or clavicle;
  • Caput Succedaneum, the swelling of a newborn ‘s scalp due to long or hard, head-first (vertex) delivery that causes pressure on the uterus or vaginal wall;
  • Perinatal Asphyxia, a permanent damage to the brain that is caused by the insufficient supply of oxygen to the newborn;
  • Intra-cranial Hemorrhage, which is hemorrhage inside the skull/cranium;
  • Subconjunctival Hemorrhage, or hyposphagma, a condition characterized by bleeding under the conjunctiva (the membrane lining the inside part of the eyelids);
  • Facial Paralysis, a temporary or permanent damaged to facial nerves due to lack of control of facial muscles;
  • Cephalohematoma , which is a cranial injury resulting from prolonged labor or use of forceps, vacuum or other birth-assisting tools;
  • Brachial Plexus Injury (BPI). This includes Erb’s palsy and Klumpke’s palsy (a form of BPI which can affect the upper limbs, armpit and back of the neck and which can cause paralysis in the forearm and hand). Brachial Plexus Injury can result to temporary or permanent disability; and,
  • Spinal cord injuries

According to The Benton Law Firm, we place our trust with the health care industry any time we are sick or injured. It is therefore an awful situation when a doctor or hospital has upset this trust. You should not be afraid to bring a claim against a doctor who has committed an act of negligence which has injured you or your newborn child. The law gives you the legal right to take legal actions against the negligent physician, member of the medical staff or the hospital itself, for all the present and future damages resulting from the injury.

How to Hire the Right Caregiver for your Loved One

Your loved one may need a lot of attention and if you can’t always provide them with the assistance they need, it may be time to hire caregiver. With thousands of candidates out there with caregiving experience, it can be daunting to attempt to hire someone without doing some research. Assuring that professional medical care will be administered correctly by a caregiver who shows kindness to your loved one is the ultimate goal when seeking to hire help.

There are two commonly used routes when it comes to selecting a caregiver. If you hire a caregiver directly, you have complete control over who you ultimately chose. If you use a placement agency, they handle all the paperwork, taxes, and legal issues when it comes to having a caregiver, as well as providing background checks and training for caregivers.

No matter what route you take, there are a few things to consider before officially hiring a caregiver:

  • Taxes/Financial concerns: It is illegal to pay your caregiver under the table. A hiring agency can take care of the financial side of caregiving. If you chose to do it yourself, you will have to learn how to file taxes for a caregiver
  • Immigration status: Make sure you see your caregiver’s I9 form before hiring
  • Background checks: Running a background check is essential when hiring a caregiver. You could even friend them on Facebook to get a better idea of who they are
  • Legal concerns: A clear contract established when hiring a caregiver can prevent problems in the future
  • References: Assure that references are provided and call these individuals. Pay close attention to complaints and consider length of time the caregiver worked. Staying with the same patient for a long period of time is a positive sign
  • Licensing: Have they had nursing training? Do they know CPR? Ask to see documentation of these different certifications based on your needs

Riding a Sinking Business? Here’s What you Need to Do

In this day and age of economic downturn, market pressures and more stringent competition, it is normal for many businesses to face a wide range of challenges. As a business owner bombarded with countless financial problems, it is important to first re-assure yourself that you are not the only businessman facing the same issues that you have. In this geography of volatility and unpredictability, no enterprise is really spared from dealing with all these hardships, and the key here is to know what to do in order to stay afloat and keep moving.

Look at the bigger picture

With all these problems at hand, you might be tempted to get busy monitoring each business process up close. However, not taking a step back to see the macro-picture would lead you to miss out on things that are more important. Although attention to every detail is needed especially in this time of austerity, do not forget to take a broader look to see the bigger picture. That way, you are detaching yourself from trivial, tactical things and are starting to be engaged in more strategic activities, such as root cause analysis and business planning.

Trim down your business, but do not cripple it

As you see your business in a more macro perspective, you may notice that there are segments, processes, and operations that you can actually let go. But although trimming down to reduce costs is necessary for your business survival, it can be dangerous too, especially if it negatively impacts how your business provides its goods/services. So, before you trim down, see if it can profoundly affect your return on investment.

Look for other ways

Refinancing your business through loan is among the most common action company owners take to improve cash flow. You may also seek financial aid from foreign investors. In certain situations, filing for Chapter 11 bankruptcy has also been proven effective in realigning a business’ financial status.


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