Not All Consumer Products Sold are Safe

Manufacturers are bound by law to always make sure that every product they produce is safe, that the product’s label correctly and accurately names the product’s ingredients, and that all necessary instructions and/or warnings that consumers have the right to know are mentioned. Making a fraudulent claim on what a product can do would be deception, an act that can result to a lawsuit, especially if the product ends up harming someone or fails to provide its claimed results.

It is important that one knows that, every year, thousands of lawsuits against manufacturers are filed by American consumers due to defects that cause injury. Though it is true that many consumers attitude are not meticulous with regard to checking products’ safety, this is only because of their belief that no harmful products will ever be sold in the market. This is primarily based on consumers’ trust that since these products were approved for distribution and/or consumption, then these are totally safe.

The task of enforcing safety laws on the manufacture of goods and in ensuring that manufacturers observe these laws is the duty of the Federal Trade Commission’s Bureau of Consumer Protection. Besides these, the Bureau also has the duty to:

  • Make sure that products are neither defective nor dangerous;
  • Stop unjust, fraudulent and deceptive business practices;
  • Accept and investigate consumer complaints on product defects;
  • File a lawsuit against individuals or companies found violating consumer rights or offering defective and/or dangerous products;
  • Make sure that product labels are correct and accurate and not deceptive or misleading;
  • Create and implement fair marketplace rules; and,
  • Educate individuals of their rights as consumers, and firms of their duties and responsibilities.

Despite the laws many consumers still never get what they actually pay for and, worse, some products even cause injuries or death. This is because hundreds of thousands of different products are made available in the market every month and federal agencies (which regulate products) do not have enough men to police or test every one of these to make sure that defective and dangerous ones never make it to store shelves.

Defective products can take the form of simple toys for children or a complex motor vehicle and, between these two, the endless supply of food, electronic devices, power supply items, tools, (and so forth) for which manufacturers, designers of product and marketers can be held liable.

Injured consumers should never hesitate taking a legal action against erring participants (in the manufacture and distribution of dangerous products) for the compensation that they may be entitled to receive due to the injury the product has caused in them. A website with the address: www.thebentonlawfirm.com/brownsville/, may be able to help injured victims know and understand their rights, and who to contact for the best possible legal action that they can take.

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Reckless Driving of Commercial Vehicles

Of course, nobody wants to be involved in a traffic accident, so many traffic accidents occur because of unintentional acts, like driver error and mechanical failure. But for some reason, a lot of drivers are intentionally putting themselves in danger because of reckless driving, as if they want to be involved in a traffic accident. Actually, the reckless drivers themselves are not just the ones in danger. The other motorists around them are also at risk.

This danger is even amplified when we are already talking about commercial vehicles like trucks. Because of their size and weight, trucks can have a more devastating impact compared to other vehicles like sedans and SUVs. That’s why their drivers should be extra careful.

As an innocent motorist, you have no power over these truck drivers, so the only thing you can do is stay away from them, especially if they show signs of reckless driving. According to the website of Charleston car accident lawyers at Clawson & Staubes, LLC: Injury Group, reckless driving can come in many forms, like speeding, running through red lights and stop signs, distracted driving, and driving under the influence of drugs and alcohol.

Speeding is not just about going over the speed limit. Sometimes it also means that a vehicle is traveling too fast in consideration of the condition of the road and surroundings. For example, if the road is wet or the area is covered with fog, drivers should be more diligent because they can be more prone to crashes.

Running through red lights and stop signs is also a huge problem in the United States. There are well-documented cases of vehicles not yielding in intersections, resulting into a collision with a motorist who has the right of way. The worst cases end with the death of the innocent motorists.

Distracted driving occurs when the driver is not giving his full attention on the road, like when he is texting. While on the road, drivers have very little time to react to unexpected scenarios, so full attention is a must. Distracted driving can also trigger other violations. When a driver is distracted, he could run through red lights without even noticing.

Driving under the influence of alcohol or drugs is probably the worst kind of reckless driving. Even before a driver is on the wheel, he is already taking alcohol or drugs even though he knows that he will be driving. It is even worse if he is taking alcohol or drugs while on the road. Being under the influence can cause drivers to lose control of their vehicles, veer off the road, swerve into the opposite lane, or other actions that can potentially hurt them and the others around them.

Reckless driving continues to be a problem. The commercial drivers are not just the ones to blame, because even the drivers of small vehicles like compact cars and sedans are guilty. Whatever vehicle is involved, a traffic accident caused by reckless driving can cause injury or even death.

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Determining Manufacturer Fault In Product Liability

One of the parties that can be held liable in a product liability claim is the manufacturer of the product. They serve as the starting point before the products are sent to the market for purchase by customers. It is the job of the manufacturer to ensure that products are fully tested before they are sold. According to the website of Abel Law Firm, faulty designed or built products can pose a serious hazard to consumers.

Under the Consumer Protection Act, if a product defect resulted to the death, injury, or damage to private property, the relatives of the plaintiff or any representative may push forward a product liability claim. Such actions are designed to compensate for economic or consequential loss. Product liability claims are based on the assumption that the manufacturer owes a duty of care to everyone who will make use of its product. Manufacturers may be held liable for negligence for the following reasons:

  • Failure to exercise care during the manufacturing process, which caused a particular product to be defective
  • Failure to ensure the safety of the product’s design, which may also include the lack of sufficient and careful research
  • Failure to carry out effective tests
  • Failure to provide effective warning of danger
  • Failure to recall a product or issue appropriate warnings amidst apparent danger after the product has been circulated

The liability will not be limited to the manufacturer alone. Even those who supplied components or acted as distributors of the product may also have some accountability if it is proven that they also showed negligence. The problem is that product liability is restricted by certain limitations, the liability of the manufacturer is only limited to where it has failed to take reasonable care, which needs to be proven by the plaintiff. This will not only prove costly but also difficult.

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Entertainment/Recreation for the Elderly

Sometimes, it’s not only diseases that can kill the elderly. Sometimes, it’s loneliness.

Miriam Beames, whose cat had died in 2015, only had praises for the robotic “companion pet” cat manufactured by Pawtucket, Rhode Island-based toy company Hasbro, saying, “Feeling the purr is really nice.” Indeed, Hasbro has found the perfect business opportunity in its Joy For All line of toys as the population of senior citizens in the United States and the whole world starts to rise.

Aside from Hasbro’s toy for the elderly, there is also a Japanese-designed robotic seal called Paro which aims at bringing delight and serve as a muscle memory tool for elderly citizens afflicted with Alzheimer’s disease. Paro, which is valued at around $5,000, Paro is used as a medical toy in hospitals all around the world but mostly in the United Kingdom’s National Health Service. Paros are also available in nursing homes in Britain.

Doctors say the elderly who care for something – for instance, their grandchildren, or a pet – lead much more fulfilling lives because their thoughts turn away from the fact that most days they need assisted care.

According to Hasbro vice president of business development Ted Fischer, taking care of a pet is also good for the elderly because there is a “relational memory” of when they were young, for most of them took care of pets during that stage in their lives; thereby presenting them with a pet to take care of helps jog their memory as they age further. Fischer added that they are developing designs for more animal pets, with them eyeing the development of robotic dogs soon.

SeniorAdvice.com says that truly, taking care of a pet is one way for senior citizens to keep their minds sharp, their bodies thriving, and their spirits high, aside from engaging in outdoor activities and playing games like puzzles, board games with family and friends and investing their time in a hobby such as bird watching, crocheting, among others.

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Handling Children Within A Divorce

Getting divorced with children makes it appear to be a walk-in the park compared, although finding separated without children is near a nice experience. Household dilemmas are tough and it is burdensome the parties involved to see a marriage end for all. It’s not soft to predict how your youngster can answer the news of the divorce. There are ways you can try cushion the strike, although it will differ depending on persona and era.

Do not examine information on the divorce unless they right refer for them. Do they have to realize who is their principal service for FAFSA types? Of course. But preserve the achievable added animosity produced in the divorce between the two of your process as well as other activities like how the money was split up. The past issue your child needs right now is to question the decisions of both parents or 1. They must be surrounded with as much positivity as you can. That being said, retain it out-of eyesight, in the event you and your soon to be ex get into battles and earshot of your kid.

There is a difficult approach of the manner in which you two will manage things like custody, visitation rights, and where your child may go-to institution when you inform your youngster, but inform them that issues have the ability to alter whenever they don’t just like the settlement the two of you stumbled on. According to the website of the Raleigh family law attorneys of Marshall & Taylor, working out the facts of a child custody agreement could be emotionally charged, but keep in mind that the less load you put-on your child, the better the partnership with them is likely to be along with the much more likely you will view them, especially when they grow old.

Attorneys will say, “Successfully handling differences in a divorce needs a gentle balance between delivering for the best interests of the family and kids and simultaneously shielding your interests being an individual.”

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Long-term Payment Plans for Personal Injury Claims

A majority of personal injury claim often choose to have out-of-court settlement for a number of reasons. Settling out-of-court can save both parties from unnecessary expenses and valuable time that long court proceedings often demand. When negotiation occurs for injury claims, it is often understood that the payment would be given in a lump sum. What not many people know is that payment for the compensation can also come in long-term payment plans. Rather than a lump sum payment, some plaintiffs choose to have a structured payment plan that can span over a certain period of time.

Structured payments are a settlement payment plan that both the claimant and the defendant has agreed upon. Some of the settlement will be given in a lump sum, while the rest of the compensation will be a structured payment over an agreed amount of time. When both parties have agreed to the terms of the structured payment, the defendant (or their insurance company) will be responsible of transferring parts of the structured settlement to a separate insurer, typically a life insurance company who practices structured settlement payments.

A number of things can be negotiated and included in a structured settlement, such as the amount of payment to be received and the schedule of payment, the length of the payment plan, whether the lump sum is given at the end or if the payments will end after death or handed over to next of kin. These, and many other factors, can be arranged between the plaintiff and defendant, but it is important for the plaintiff to ensure that the company that will provide the payment is reputable and highly rated. This minimizes the risk of the company going bankrupt or fail, prompting the structured payments to stop. Just as with any negotiation and settlement, there are risks involved when choosing structured payment. Talking with a personal injury lawyer about the possibility of structured payment can help in lowering these risks and work out the best payment plan for the case.

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Aortic Stenosis with Depakote Use

Medical terms always make the essentially simple sound incredibly complex. Take for example congenital aortic stenosis, which may or may not be caused by the mother taking Depakote during the first trimester of pregnancy. Aortic stenosis simply means the valve is narrow on one end, causing some of the blood that should be going out into the aorta (the main blood vessel hat distributes blood and oxygen to the body) goes back into the heart (backflow). Some babies are born with one, two, or four tissue flaps called leaflets that prevent backflow instead of the normal three, and this can make the aortic valve less efficient in keeping the blood from going back in. So in simple terms, the heart has a leaky valve.

Congenital aortic stenosis will not always make life difficult for the baby at once, unless it is really severe. In such cases, the baby may die within two years from congestive heart failure. In many cases, the complications associated with having blood leak back into the heart may not manifest until adulthood, and the only way to fix it is to replace the valve. Symptoms of aortic stenosis include fainting spells, shortness of breath when physically active, and chest pains. Aortic stenosis is detectable in asymptomatic patients during a routine physical examination.

The link between maternal ingestion of Depakote and congenital aortic stenosis has not been established in any study. According to the website of Williams Kherkher, Depakote is associated with many birth defects. Depakote (valproate) is known to interfere with the development of the fetus by blocking some actions of the fetal DNA. It has been more closely associated with anencephaly, where the fetus is born with an underdeveloped skull and brain. In some cases, it is speculated that its effects may extend beyond the first trimester, as in hydranencephaly, where the developed cerebral hemispheres of the brain are deprived of oxygen. This results in cell death and eventual resorption. It does not take much to imagine that such systemic interference may lead to cardiac malformations as well.

If you or your child was born with aortic stenosis, and Depakote is in the picture, you may have a case against the drug’s manufacturer.

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Types of Battery

In Wisconsin, there are different types of battery with ranging punishments. Substantial battery and aggravated battery are two levels that can be committed, and factors of each unique situation will determine what the penalty is. Actions can be categorized as a misdemeanor or felony, and convictions alter one’s life thereafter.

Substantial battery is the lesser degree of battery. This can occur in various ways, however all actions result in substantial bodily harm to the victim. Injuries that indicate substantial battery include lacerations that require serious medical attention, broken bones, loss of teeth, burns, ruptured blood vessels, or concussions. This type of battery is considered a Class I felony, and the repercussions are up to three and a half years of prison, and a fine up to $10,000.

The second level of battery is aggravated battery. This type is more serious, and occurs when great bodily harm is evident as the result of the violence. Aggravated battery happens when a person intentionally causes great bodily harm, intentionally or unintentionally, or when a person does something that puts another at risk to receive great bodily harm. Such examples are cases in which the victim is left with permanent loss of a body part, death, or is put at the risk of death. These types of crimes are considered Class E or Class H felonies, depending on the severity of the situation. Class E felonies are punishable by up to 15 years in prison and a maximum fine of $50,000. Class H felonies entail lesser consequences, and are punishable by up to six years in prison and a maximum fine of $10,000.

A Waukesha Criminal Defense Attorney should acknowledge battery convictions can damage one’s reputation and career. Often, the penalty can be as drastic as to permanently alter one’s life. With legal representation, it is possible to minimize the consequences of a battery conviction, and diminish the negative effects of the situation.

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Surgical Errors

When stepping into a hospital, a patient expects to be treated by experienced professionals that are diligent in helping them with their ailments. Yet it is not uncommon to leave these facilities in worse shape than a person entered because of the negligent actions of staff or physicians. Every year, roughly 4,000 surgical errors occur that lead to severe consequences and even death. These medical malpractices cost around $1.3 billion dollars every year in lawsuit and damages.

According to the website of Pohl and Berk, surgeons are required discuss common complications of surgery but do not warn patients about risks that a negligent staff could cause. Surgeons refer to surgical errors as “never events.” They are so called because these events should never happen. The years of training and practice that surgeons are required to accumulate are required to eliminate the possibility of these sometimes fatal mistakes occurring. Out of the thousands of surgical errors made annually, 59 percent result in injuries or complications, 33 percent result in permanent injury to the patient, and 6.6 percent result in death.

Common medical malpractice incidents in the operating occur when a surgeon or nursing staff leaves a foreign object within the body cavity, the wrong procedure is performed, or the wrong site was operated upon. Some incidents occur out of negligence by staffs who disregard safety precautions set in place to protect patients from these exact events.

“Time outs” to match medical records are frequently implemented to double or triple check that the correct patient is being operated on. Most operating rooms practice counting sponges and other medical utensils before, during, and after procedures to reduce the rate of foreign objects being left in the body. And generally surgical checklists are in place to keep the doctors and their attending staff accountable for their actions.
The consequences for these surgical errors can be dire, affecting the life of a patient and their family permanently. Consult an attorney in your area if you believe you or a loved one is a victim of a surgical error caused by a negligent surgical staff.

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