Practice Areas

TRUCKING ACCIDENTS:

Some Trucking Accident facts. . .

Driver fatigue causes 30-40% of truck crashes
(National Transportation Safety Board (NTSB) Jan. 1995)

19% of truck drivers said they fell asleep at the wheel in the previous month (NTSB) 1992

Improper maintenance

National Highway Traffic Safety Administration states:
- 5,355 people died in 44,400 truck-related crashes in 1997;
- 133,000 were injured; and
- 26,000 suffered severe brain damage or loss of limb

Falsified log books are common

Hours of Service Regulations are violated

NUSRING HOME ABUSE:

Physical or mental abuse of our elderly parents is a silent crime. Most of the elderly with disabilities are unlikely to complain about abuse, neglect or victimization under the fear that they will lose whatever support, even abusive that they have, and that their complaints will trigger reprisals. Elder abuse has been found to be an all too frequent occurrence with deadly results. When this abuse or neglect occurs, you have a right to be angry and to demand answers. The breach of the standard care when directed against our elderly parents by paid givers should be punished severely.

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PRODUCT LIABILITY:

Products liability refers to the liability of any or all parties along the chain of manufacture of any product for damage caused by that product. This includes the manufacturer of component parts (at the top of the chain), an assembling manufacturer, the wholesaler, and the retail store owner (at the bottom of the chain). Products containing inherent defects that cause harm to a consumer of the product, or someone to whom the product was loaned, given, etc., are the subjects of products liability suits. While products are generally thought of as tangible personal property, products liability has stretched that definition to include intangibles (gas), naturals (pets), real estate (house), and writings (navigational charts).  

Products liability claims can be based on negligence, strict liability, or breach of warranty of fitness depending on the jurisdiction within which the claim is based. Many states have enacted comprehensive products liability statutes. These statutory provisions can be very diverse such that the United States Department of Commerce has promulgated a Model Uniform Products Liability Act (MUPLA) for voluntary use by the states. There is no federal products liability law.

In any jurisdiction one must prove that the product is defective. There are three types of product defects that incur liability in manufacturers and suppliers: design defects, manufacturing defects, and defects in marketing.  Design defects are inherent; they exist before the product is manufactured.  While the item might serve its purpose well, it can be unreasonably dangerous to use due to a design flaw.  On the other hand, manufacturing defects occur during the construction or production of the item.  Only a few out of many products of the same type are flawed in this case.  Defects in marketing deal with improper instructions and failures to warn consumers of latent dangers in the product.

Products Liability is generally considered a strict liability offense.  Strict liability wrongs do not depend on the degree of carefulness by the defendant.  Translated to products liability terms, a defendant is liable when it is shown that the product is defective.  It is irrelevant whether the manufacturer or supplier exercised great care; if there is a defect in the product that causes harm, he or she will be liable for it.