In an equipment accident case, a third - party action would likely come in the form of a product liability lawsuit asserting a claim of a defective or
unreasonably dangerous product.
If you or your loved one has suffered a personal injury or wrongful death as a result of a defective product or
unreasonably dangerous product, feel free to email John or Chris, or call collect at (802) 489-5258 for a free initial consultation and case evaluation.
A defective and
unreasonably dangerous product can also form the basis of a wrongful death lawsuit.
Although products liability law has evolved from the days of «caveat emptor» (let the buyer beware) to the imposition in appropriate cases of «strict liability,» under which manufacturers are responsible for injuries caused by their defective or
unreasonably dangerous products even if they were not negligent, the personal injury plaintiff still has a job to do.
I don't quite get the connection between the Abnormal Use blog («
An Unreasonably Dangerous Products Liability Blog)» and faux - but - über attorney Jackie Chiles from «Seinfeld» but who really cares?
Of course, since I learned about my new jetpack via a post by Kevin Couch on the Abnormal Use:
An Unreasonably Dangerous Products Liability Blog, I now also have a lot of the tricky legal issues worked out, as well.
The Consumer Product Safety Commission (CPSC) has recalled many
unreasonably dangerous products for inadequate labeling or instructions.
As product liability lawyers John and Chris work closely with some of the most knowledgeable and renowned technical experts in the country and have a proven track record of significant recoveries on behalf of those injured by defective or
unreasonably dangerous products.
Not exact matches
They can also be made against manufacturer's of
products used on construction sites, which are defective and
unreasonably dangerous.
The
product had an «
unreasonably dangerous» defect that injured the user of the
product.
Possible legal theories that can be argued in a
products liability case include negligence (lack of reasonable care in the manufacture or sale of the
product or in warning about the
product), breach of warranty (failure to fulfill the terms of a promise regarding the
product's performance), misrepresentation (giving consumers a false sense of security about a
product's safety), and strict liability (under which the
product's defect, although not the fault of the defendant, rendered the
product unreasonably dangerous and the defendant is therefore responsible).
Attorney Peter Ventura represents clients in personal injury or wrongful death litigation involving
unreasonably dangerous or defective
products in the home, at work and on the road.
The other type of
product liability claim that might be applicable in the case of an injuries from ATV accidents is if the injuries are the result of «
unreasonably dangerous» design.
To receive compensation for harm caused by a defective
product, a victim must provide evidence that the defect caused harm and was «
unreasonably dangerous.»
Some of the things a judge or jury will look at to determine whether the
product was «
unreasonably dangerous» are whether the utility of the
product outweighed the danger, whether it could have been made safer without undermining the utility, and whether a safer design was feasible.
Those
products would be «
unreasonably dangerous,» and our injury lawyers can help Syracuse consumers establish the liability of a manufacturer or other corporation.
The laws have changed from caveat emptor («let the buyer beware») to Strict Liability for manufacturing defects that make a
product unreasonably dangerous.
The focus is instead on the
product itself; was it
unreasonably dangerous.
The failure to include such warnings is considered to render the
product unreasonably dangerous — and, thus, defective — under
product - liability law.
The
product is manufactured correctly, but because of the way it was conceived it is
unreasonably dangerous to a user or consumer when used for its intended purpose.
The court found that the plaintiff failed to prove that the
product was
unreasonably dangerous and that it was a legal cause of the husband's lung disease.
Second, a
product can be
unreasonably dangerous because of a design defect.
First, a
product can be
unreasonably dangerous because of a manufacturing defect.
A design defect occurs when the entire line of
products produced by the manufacturer is
unreasonably dangerous.
Finally, a
product can be rendered
unreasonably dangerous because of inadequate instructions or warnings.
To recover compensation, the plaintiff must show that the
product was designed or manufactured in an
unreasonably dangerous manner or that the defendant failed to include appropriate warnings and instructions with the
product.
Even when a vehicle or vehicle component has been designed and manufactured in strict compliance with current industry standards and applicable regulations, the vehicle may still be found defective in a personal - injury or wrongful - death
products - liability action if it is determined to contain a defect in its design, manufacture, or warnings that renders it
unreasonably dangerous for consumers» use.
In Maine, a manufacturer or seller who sells
products «in a defective condition» that is «
unreasonably dangerous» to an expected user or consumer can be held liable for the physical injuries that person sustains.
If a company produces or sells a
product that is defective or
unreasonably dangerous without proper warnings, this can constitute a breach of duty.
If you or a loved one has been injured or killed by a defective or
unreasonably dangerous consumer
product, you may be entitled to compensation from the manufacturer.
One of these is whether the
product was
unreasonably dangerous in its design.
If a manufacturer has not provided adequate warning of the potential danger of a
product, the
product may be found
unreasonably dangerous based on this lack of warning.
In Texas, manufacturers are not liable for design defects unless there is a safer alternative design and the defect makes the
product unreasonably dangerous such that its risks outweigh its usefulness.
If the safer design is a newer development, however, it will not support a claim that a
product is
unreasonably dangerous in its design.
A design defect is a flaw in the original blueprint of a
product that causes it to be
unreasonably dangerous and creates a hazard for potential users.
In Texas, to prove a
product liability case, a plaintiff must show the
product was defective, the
product reached the plaintiff in a defective condition, the defect made the
product unreasonably dangerous, and the defect caused the plaintiff's damages.
Your lawyer's job is to prove that you were injured by the
product, that it was
unreasonably dangerous or defective under the circumstances, and that you will need compensation in a certain amount to cover the cost of your treatment and recovery, your future losses and medical needs, and your pain and suffering.
In some cases, the defective packaging of a
product may be determined in a
product - liability action to have rendered the
product unreasonably dangerous, and thus defective, for the consumer's use.
Anyone who sells
products «in a defective condition
unreasonably dangerous» to the expected user or consumer is subject to liability for the physical injuries that person sustains.
Products that are unreasonably dangerous when used as they were intended to be used may constitute defective p
Products that are
unreasonably dangerous when used as they were intended to be used may constitute defective
productsproducts.
At Moffitt & Phillips, PLLC, we represent people who have been injured or killed by defective
products or unsafe
products that have design defects (intended design is
unreasonably dangerous), manufacturing defects (
product does not conform to the designer's or manufacturer's specifications), or marketing defects (improper or misleading labels, insufficient instructions, or failure to warn about a
product's hidden dangers.)
Or, you may file a strict liability claim, arguing that the
product was
unreasonably dangerous.
Sometimes the
product is
unreasonably dangerous or defective.
A defective
product under Idaho law is a device or piece of equipment that is
unreasonably dangerous to people or property.
In addition, [defendant] asserts there is no separate «failure to test claim» apart from the duty to design and manufacture a
product that is not defective and
unreasonably dangerous.
We agree, for if a
product is not in a defective condition
unreasonably dangerous to the user, an alleged failure to test can not be the proximate cause of an injury.
A
product may be deemed «defective» if it is
unreasonably dangerous when you use it as intended.
Design defects: This type of case involves a
product that was manufactured as intended but the design concept was
unreasonably dangerous.