Articles Posted in Defective Products

ambulance1-resized-600-200x300According to the American Burn Association nearly 500,000 Americans suffer from burn injuries that require medical treatment every year. Among those harmed by burn injuries, an alarming percentage of these individuals were burned due to defective products they trusted. In addition to defective products, it is also common to see burn injuries from work-related accidents and motor vehicle accidents. Burns can drastically alter an individual’s life and in many cases leave the individual debilitated. If you have been affected by a burn injury the best thing you can do is contact a personal injury attorney. Your attorney will advocate on your behalf and fight for the compensation you deserve due to the wrongful pain and suffering you experienced.  

 Different Types of Injuries

 The classification of burn injuries are typically broken down by degrees. In general the spectrum of degrees ranges from fourth-degree to first-degree burns. The classification system breaks down as follows:

surgery-resized-600The United States Food and Drug Administration (FDA) has recently reported that a particular type of cancer has been linked to women with breast implants. The connection is being made between anaplastic large cell lymphoma (ALCL) and women who have received breast implants. Thus far the FDA has associated nine deaths to this form of cancer stemming from breast implants. In an official statement, the FDA reported that “All of the information to date suggests that women with breast implants have a very low but increased risk of developing ALCL compared to women who do not have breast implants”.  Exact numbers are difficult to determine because ALCL is being linked to a very specific type of procedure but the FDA has revealed that they have received reports of 359 cases associated with ALCL and breast implants.

 Investigation

 The FDA first discussed the potential risk associated between breast implants and developing cancer six years ago. However, at the time they did not have the technology to effectively research possible connections and draw any definitive solutions. Instead, the organization simply advised women who received implants to proceed with extra caution and regularly check with their doctor should they believe an abnormality occurred.  However, recent research has revealed that there is a specific link between cancer and those who received “textured” breast implants. Of the cases, the FDA specifically analyzed almost 88 percent of the cancer victims also received texture breast implants. Fortunately, for those affected by the disease, the FDA reported that ALCL is a particularly slow-growing cancer and if caught in the early stages, it is typically treatable.

trial-resized-600-300x201In life, certain people may not see eye to eye, and unfortunately, this holds true in attorney-client relationships as well. An attorney can be a vital asset during a personal injury claim, however, it is important to understand that an attorney-client relationship can be very complex. It is imperative that a person has complete trust in their attorney and feels as if their needs are being met, in the event that this is not the case it is possible to switch attorneys. Although not always the easiest thing to do you can “fire” your personal injury attorney once a lawsuit has been initiated. However, if you feel it is necessary, you should not be afraid to switch attorneys to the attorney you feel is best for you.  

 Consulting with a New Attorney

 It is important to remember that you have a contract with your current attorney, however, a judge will allow you switch attorneys should you feel the need. When you contact a new attorney it is important to let them know you are currently being represented by someone else. Once you have hired a new attorney it is important that you promptly notify your previous counsel of their dismissal.

surgery-resized-600When an incident occurs in the state of Georgia where someone sustains an injury there are two common potential alternatives. In a situation where the injury was the result of an intentional act or violence, the defendant will face criminal prosecution in the form of battery or assault charges. Alternatively, if the injury was caused by an accident, depending on the situation, an individual can face criminal charges, a personal injury lawsuit, or both. Regardless of what side you find yourself on following an accident, it is always critical to seek the counsel of a personal injury attorney. Your attorney’s guidance can be invaluable as the legal proceedings unfold.

 Common Occurrences

 One of the most common examples of a scenario where an individual can face both criminal charges and a personal injury lawsuit is when a drunk driving car accident occurs. This is due to the fact that the individual will likely be subject to criminal drunk driving charges and, if the accident resulted in an injury, the at-fault party will likely be held liable to pay damages for pain, suffering, lost wages, and medical bills.

crash5Every day nearly 15,000 Americans are injured in automobile accidents. Regardless of fault, an automobile accident is traumatic for all parties involved. Unfortunately, once the dust settles the blame game typically begins—who caused the accident, what were they doing? In the Georgia legal system, to prove someone is at fault, you must prove the at-fault party caused the accident due to negligent behavior.

In any situation where you are injured in an auto accident, you should seek out an experienced personal injury attorney for the guidance and expertise you deserve. A personal injury attorney will be your personal advocate and will be by your side as you fight for what is rightfully yours.

 What Do You Have To Prove?

tire1-300x200When was the last time that you walked into a retail tire center and questioned the sales rep about the age of the (new) tire you were about to purchase?  Your answer is probably never, correct?  Unfortunately, most of the public has no idea about the age of a tire, the tire’s lifespan, or even how to find answers to these questions.  And unfortunately, in many accidents, especially single vehicle accidents, people tend to blame driver error instead of looking deeper to find the real culprit.  And when there are defective tires on the road, the recall system leaves much to be desired.

So, lets start with the tire retailer.  Manufacturers often fail to require that the retailer register the tires they sell.  Accordingly, this presents a challenge to manufacturers when they attempt to identify who is selling a particular tire, especially when a tire is determined to be “defective” and a tire recall is issued.  And most consumers are unaware that they can and should register their tires with the manufacturer so they can be notified of a recall if the tire is determined to be defective.

And when it comes to motor vehicle accidents, it has been estimated that there are as many as 33,000 accidents yearly with 19,000 injuries and 500 deaths associated with tire defects.  The National Transportation Safety Board (NTSB) reported, between the years of 2009 and 2013, that there were 55 tire recalls (safety-related) involving 3.2 million tires.

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The importance of large tractor trailer trucks to the economy is no surprise.  Tractor trailer trucks are indeed, vital to commerce.  However, with the size, weight and distance traveled by these trucks, there is a significant risk of serious injury or death when an accident occurs.

In fact, there was a 20% increase in the number of accidents over the past 20 years.  As reported by the Federal Motor carrier Safety Administration (FMCSA), 4,897 deaths occurred in crashes involving large trucks.  There were approximately another 130,000 people who were injured.

But, unlike your typical passenger vehicle accident, investigating and resolving injuries and deaths resulting from tractor trailer collisions is a totally separate matter.  For information on passenger vehicle accidents not involving a tractor trailer, see my articles on Auto Accident Whiplash Injuries, Spinal Cord Injury Accidents And Resources, and Compensable Damages In Injury Cases.

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Consumers, under the law, are able to sue for damages for defective products as a result of negligence or strict liability.  Recovery can be based on defects in the manufacturing, inadequate warnings, fraud, defects in the design, and implied warranty (where the product is not fit for the ordinary purpose for which it was sold).

Toxic Tort litigation involving defective drugs is governed by both the FDA under the Federal Food, Drug, and Cosmetic Act of 1938 (FDCA), 21 U.S.C. §§ 301-1012, 42 U.S.C. §§ 262, 264, 266, 282, 284, the Public Health Service Act, as well as State law.

FDA approval of “new drugs” includes virtually all prescription drugs, as well as, some drugs which are sold over the counter.  And testing of the new drug may take up to 12 years or longer before FDA approval is obtained.

ambulance6-resized-600On a daily basis, people are injured, sometimes due to their own fault or often due to the negligence of another.  But, just because one believes that the other party is at fault, the burden remains on the Plaintiff to establish certain elements in order to prevail in a personal injury action.

These elements include: duty, breach of duty, causation and damages.  These same elements are applied to the auto accident/trucking accident case, slip and fall, nursing home negligence, medical malpractice, wrongful death, products liability, defective drugs, etc.

First, the Plaintiff must establish by law that the Defendant had a “duty” to crash5prevent the harm suffered by the Plaintiff.  If, for example, the injury is related to an auto accident, the “Rules of the Road” may establish that duty, for example, failure to yield while turning left, following too closely, etc.

crash5Motor vehicle consumers, drivers and passengers have an expectation that our vehicles are safe to ride in.  We often hear about roll-over tests and safety ratings.  Vehicle safety requirements took a step further by requiring that vehicles be equipped with seat belts for all vehicle occupants.  When it was determined that seat belts, alone, could not prevent death or serious injuries to vehicle occupants, the installation of airbags became a vehicle safety requirement.

However, at least six deaths have been determined to be linked to the defective airbags.  In all, at least 17 million vehicles have been recalled in the United States, in addition to over 36 million worldwide due to defective airbags.

The National Highway Transportation Safety Administration (NHTSA) has determined that inflators in certain airbags were made with a propellant which may degrade over time and lead to ruptures.  The Takata air bags could possibly explode resulting in shards of metal being propelled throughout the vehicle passenger compartment.