Product Liability and Defective Pharmaceuticals

Jun 07

Product manufacturers, distributors, and other parties associated with trade to bring a product into the market should be responsible enough to ensure that the product is safe. If their product has caused an injury, they may be held accountable. This is a legal concept called product liability.

Product Liability

Product liability has three basic forms – namely design defect, manufacturing defect, and lack of labels and warnings.

Design defects are features associated with the design of the product that can cause harm to consumers. For example, a consumer’s finger has been cut because the cover for his metal fan has gaps that are too wide.

Manufacturing defects are defects that have been sustained in the manufacturing process. For example, a consumer has been involved in a bicycle accident because the bicycle he just purchased has a cracked frame.

Lack of labels and warnings are for products who lack instructions for safe use. For example, a consumer has had an allergic reaction to a medication because the medication has not indicated its dangerous interaction with other drugs.

Defective Pharmaceuticals

Defective pharmaceutical products can be very tricky cases of product liability. They cannot be clearly categorized using the forms enumerated above. Many pharmaceutical product defects only surface upon insertion to a patient or after rigorous case studies.

The website of Williams Kherkher has made an excellent example – morcellators. Morcellators are medical devices used to cut up tissue, usually in gynecologic procedures. But there are studies that have proven that the use of these medical devices can cause cancer, so its creators have recalled at least three kinds of their morcellators.

Another example is the Bard G2 IVC filter, a spider-like device inserted into the body of patients who are at risk of blood clots. It has been proven that these filters often migrate or erode, resulting into pain, more serious complications, and most of all, G2 IVC Filter lawsuits.

Morcellators and inferior vena cava filters are just some examples on how product liability can be a very serious and complex legal concept.

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Factors That May Affect Child Custody Decisions

May 16

Factors That May Affect Child Custody Decisions

Divorce is a life-altering experience, especially because it is not just about you and your partner, as it is also about your children. One common area of dispute in divorce is child custody. According to the website of these San Antonio child custody attorneys, child custody arrangements can also occur during parental deaths, parental incompetence, and a variety of other situations. But they all have one thing in common – it seeks the best interest of the child.

Each parent’s financial standing

Since child custody is always about the best interest of the child, it is not surprising that courts will favor those who can provide more, in terms of food, shelter, security, education, health, and other aspects that concern the child’s development.

Each parent’s bond with the child

Child custody is not always about financial support, as it may also be about emotional support. The parent-child relationship comes to mind. Factors that may affect this relationship, such as feeding the child, taking the child to school, and being a stay-at-home spouse to take care of the child, can influence court decisions.

Both parents’ willingness to cooperate

Court decisions can be favorable to both father and mother if they show that they are willing to be co-parents despite their separation. The arrangements may not be entirely equal, but it may be close and there will be no hard feelings between the spouses.

History of abuse, neglect, and crime

To further know if a parent is still beneficial for a child, the court investigates allegations and actual cases of abuse and neglect, such as domestic violence. Criminal records can also be factors, especially if the offenses are felonies. These things are considered to know if a parent is mentally sound to be with a child.

The child’s choice

Of course, the court will also ask about the child’s preference, whether he wants to go with his father or mother. The preference is not absolute, but it will be considered. The absolute factor in child custody is still the best interest of the child.

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Common Traffic Violations

Jan 18

Common Traffic Violations

It only takes a single mistake on the road to trigger an accident. For this reason alone, unsafe practices are strictly prohibited on the road, and committing one is enough grounds for a traffic ticket or even jail time if it is serious enough. But sometimes charges can be unreasonable, maybe because of exaggerations and misunderstandings. For such instances, getting help from a legal professional that focuses on criminal defense is not such a bad idea, like this Columbia traffic tickets attorney.

Of course, prevention is still the best way to stay away from the hassles of legalities, and the first step to prevention is knowledge. Below is a list of common traffic violations, so you can have an idea what practices you can avoid doing.

Driving under the influence

Operating a vehicle while under the influence of drugs or alcohol is an offense determined if your blood alcohol concentration is 0.08% or higher. You can also be arrested for this offense even if you are below that percentage, depending on the circumstances.

Reckless driving

Reckless driving include reckless behaviors like failing to yield to stop signs, traffic lights, and right of way, failing to give hand or electronic signals upon turning, manuevering in a dangerous manner, and not having proper lights for safety.

Speeding

Speeding is the act of operating a vehicle in a speed greater than what is specified by law. Other factors are also taken in consideration, like weather conditions, road conditions, construction zones, and other obstructions that may make fast traveling unreasonable and inprudent.

Mechanical Violation

Vehicles should be in their top condition to prevent defects and malfunctions that may cause accidents. Defects in equipment such as brakes, turn signals, mirrors, head and tail lights, and tires, may warrant a traffic ticket for a mechanical violation.

All of these violations are preventable. By following traffic rules, driving in a safe manner, being mindful of the other motorists around you, and making sure that your vehicle is free from malfunctions and defects, you are more likely to traffic violations and tickets.

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Don’t Get Distracted or Don’t Drive

Oct 22

In 2010, police-reported motor vehicle traffic crashes totaled to 5,419,000; of these, 1,542,000 resulted to injuries and 32,999 deaths. The more than five million car accidents every year is very minimal compared to the estimated 16,000,000 that actually occur. Why this great disparity? The major reason is because majority of accidents never get reported, since no one gets injured and the damages are minor – requiring only simple repairs or parts replacement so that settlement is easily reached by both at-fault and innocent drivers who rather prefer to save themselves from the inconveniences resulting from filing legal complaints.

With regard to the most common causes of fatal car crashes, both the National Highway Traffic Safety Administration (NHTSA) and the National Safety Council (NSC) agree on alcohol-impaired driving, speeding, not wearing of seatbelt and cell phone use. Despite the laws which ban the use of a cell phone while behind the wheel, and drivers’ understanding of the risks associated with distracted driving, thousands of drivers continue to commit mistakes or make bad decisions while driving; thousands still drive and text or converse with someone over their phone. Worse than these, though, many even commit the crazy mistake of taking selfies and then posting their photo in their social site as they try to keep an eye on the road.

Distracted driving is most common among young drivers. Studies and analyses of car crashes, in fact, show that about 11 teenagers die every day because of cell phone use while driving. Besides cell phone use, a few other of the almost endless list of driving distractions, which take away a driver’s focus on the road, include: looking at a map for directions; adjusting a GPS or a radio; playing the car stereo at full volume; chatting with friends; taking, or having a picture taken; fixing a tie, grooming; drinking and eating; and, lighting a cigarette and smoking.

It is explained in the Schuler, Halvorson, Weisser, Zoeller & Overbeck, P.A. website at shw-law.com why paying full attention to the road and your surroundings is of utmost importance when you’re behind the wheel. A lapse in attention even for just a few seconds is an act of negligence that can result to a crash where people, other than you, can get injured; it can also most likely result to you being fully regretful but facing civil and criminal charges.

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Get the Best, yet, Cheapest Insurance Policy Even if You’re a “High-Risk” Driver

Jul 19

If you are carrying auto liability insurance and find out that more than 20 million drivers with whom you share roads and highways are uninsured, wouldn’t you feel distressed and worried? The thought that millions of drivers continue to drive without insurance will not only make you feel afraid of getting involved in an accident, but more so getting involved in one wherein the other driver, who may also happen to be at fault in the accident, does not carry auto liability insurance.

A closer estimate of the number of uninsured drivers, according to the Insurance Research Council (IRC), is 29 million and the major reason why these so many drivers are uninsured is the high cost of insurance coverage. Well, it cannot be denied that insurance firms do find ways to make policies expensive, making so many drivers pay more than what they really should. To make policies more costly (for higher profit, of course), insurance companies consider many factors which will enable them to tag you as a “high-risk” driver. These factors include:

  • Age and driving experience. For insurance companies, being young and having less experience behind the wheel are liabilities simply because these factors make your driving behavior difficult to determine. Thus, if you are below 25 years old and have only a few years of driving experience, they will think that you are more prone to getting involved in an accident, thus, you are a “high-risk” driver. Not having committed any traffic violation and not having been involved in any accident will not save you from being tagged as a “high-risk” driver.
  • Type of car driven. If you are driving a high-powered sports car, then you may well expect a more expensive insurance premium. This type of car can make you go fast and the faster you go, the more likelihood of you figuring in an accident.
  • Driving history. You are definitely a “high-risk” driver if your driving history is marred by traffic violations, such as reckless driving and, especially, driving under the influence or DUI. While these are major offenses, you’ll be surprised to know that some insurance firms even consider a parking ticket a factor by which you can be considered a “high-risk” driver.
  • SR-22 filing. If you have been cited for three traffic violations within a year, have been caught driving without insurance, or have had your license revoked or suspended for whatever legal reason, then the court can require you to carry an SR-22 filing. Being required to carry this definitely makes you a “high-risk” driver.

To many drivers, the high cost of insurance policies can really be a burden. There is a way, though, to get insured without paying more than you can or more than you should. Helping drivers and car owners find the best, yet cheapest, insurance policy is what independent car insurance firms do. According LaMarca Law Group P.C., some insurance companies offer free online quotes which will allow customers compare deals and prices on line. They also help customers get insured on the spot. Because of independent car insurance firms, being insured has become really fast and easy.

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