Product Liability

Part One of a Two-Part Series

Being injured is never something to take lightly. Even if you are minding your own business, your life can be permanently changed in an instant. You would like to think that the party responsible for your injury would be willing to make things right, but sadly, you’ll find that most of the time you would be wrong.

If you’re injured by an individual, as in an auto accident, he will turn the matter over to his insurance company to handle. If your injury is the result of an error or carelessness on the part of a company, corporation, or other public or private entity, they will not only have an insurance carrier on their side, but may also employ legal counsel whose mission will be to diminish or deny responsibility altogether, and find legal grounds on which to contest your claim.

In this two-part series you will learn:

• What constitutes personal injury
• After your injury – what to do and what not to do
• Why you should hire a personal injury attorney
• Finding the right attorney
• What you may be entitled to recover

What Constitutes Personal Injury

By definition, personal injury means that you have become injured as a result of the actions of another person or an entity. These actions can be intentional or unintentional. If the action was unintentional, then the burden of proof rests on you to prove that the other party is responsible for your injury. Proof must be by a majority, which means at least 51 percent of the blame can be placed on the offending party.

If you are injured due to the intentional act of someone, for example in a robbery, you are still able to pursue the individual separately from the criminal act. Even if they are not convicted of a crime, they can still be held liable for the injuries that they inflicted upon you.

Although automobile accidents are the leading cause of personal injury in the United States, there are many other categories where personal injury law will apply. For example, the injury can be due to a defective product, a contamination, an accident at work, or even a medical mishap or error.

Each state has its own statute of limitations that gives the victim a window of opportunity to file a claim against a responsible party. These time periods vary and can be as short as one year and as long as six. The clock starts either from the date that the injury occurred, or the point at which the origin of the injury could be determined. But just because there is a statue of limitations in place does not mean that these time frames are always set in stone. In some instances, extenuating circumstances can increase these limits. A personal injury attorney will recognize if these circumstances apply to your case.

After Your Injury: Dos And Don’ts

The time immediately following an injury is very traumatic. You’re focused on the seriousness of your injuries and you often can’t work. Will you be able to return to your job? Will your health ever return to normal? There may also be a pressing worry over money. How much will this injury cost? Will insurance cover it? How long will you be out of work? How will you pay your bills? The list goes on and on…

The first thing to remember is not to panic. Even though you have been placed in this predicament, you do not have to deal with this alone. You need to hire the services of a personal injury attorney. They specialize in these matters and they know how to work their way through the system in order to get you fairly compensated. You should never attempt to take on this kind of responsibility by yourself. There is simply too much riding on the outcome.

Never talk to an insurance company, a representative of the defendant, the defendant, or anyone else about your claim. Any information that you release has the potential to be used against you in your case. And never, ever sign anything. In part two we’ll begin with why you would be wise to consult a personal injury attorney as soon as possible after your injury.

In the Meantime …

If you’re considering a claim for injury resulting from accident or negligence, it’s important to work with a personal injury attorney who is knowledgeable and experienced in this field, and who has demonstrated a determination to fight for his or her clients.To arrange a free consultation, contact Robert Mandell at The Mandell Law Firm in Northridge. 818.886.6600.

You’ve Been Injured. What Next?

Personal injury cases are based on the premise that someone was injured by the act of another person or entity. If you find yourself in this unfortunate situation, you should seek out a top personal injury attorney who can fight for you and your rights. Since these cases are not necessarily clear cut, it is rarely advisable for you to go this alone.

When pursuing your personal injury case, the first thing on your list should be finding a good attorney. Even after you have narrowed down your choices, you still need to do a little research in order to make sure that he or she will be the right fit for you. This means looking for reviews from other clients, complaints, and even pending lawsuits that may have been filed. The Better Business Bureau is a great place to find this kind of information.

The Face to Face Meeting

You will next want to set a meeting with your attorney. Here, you will discuss the details of your case to determine if you do, in fact, have a viable claim. This is when your attorney will instruct you on what can be expected through each step of the process. This is also the time that your attorney will instruct you as to what will be expected of you. This will include any information you may have, the facts of your case, contacts who can help to verify your case, and any other information pertinent to your claim. The defendant’s attorney will also be contacting your attorney to swap information material to the case.

Read more…

What Constitutes Medical Malpractice?

When a physician deviates from the applicable standards of care that other physicians would exercise under the same circumstances, this is potentially a case of medical malpractice. To succeed with such a claim in court, a plaintiff must prove breach of the standard of care (a mistake that a prudent and reasonable doctor wouldn’t have made under the same circumstances), causation (proof that the injury wouldn’t have occurred or have been as serious if it wasn’t for the doctor’s mistake), and damages (in the form of lost wages, medical bills, agony, mental suffering or death).

Demonstrating proof of malpractice almost always requires the testimony of an expert witness in the same field of practice as the alleged negligent health care worker. In addition to bringing action against a negligent doctor in such a case, through the doctrine of vicarious liability, claims can also be brought against hospitals, nurses, and any other health care professionals who may have had a part in the negligence.

Pharmaceutical Injury

Annually, thousands of patients are injured, and even die, due to complications and negligence that result from errors in treatment.These may include medication errors, surgical malpractice, bacterial infections, birth injury, dental malpractice, errors in diagnosis, wrong site surgery, gastric bypass errors, breast implant complications, emergency room mistakes, elder abuse, nursing home neglect, and a variety of consequences resulting from pharmaceutical mishap.

Read more…

Learning Disabilities, Developmental Issues, and Brain Injury

Consumers have long been aware of the dangers of lead in toys and household items. Laws restricting lead use in items manufactured for children have lowered parental concern about safety issues. Even cheap children’s jewelry and toys are thought to be safer in recent years, but in many instances, lead has been replaced by cadmium in these products.

Cadmium is a toxic metal that holds the number seven slot in hazardous materials ranked by the United States Center for Disease Control. Tests show many of the toys manufactured in China over the past several years contain dangerous levels of cadmium, but Chinese factories may not be alone in their use of the metal. Personal injury attorneys in California, and around the country, are beginning to take note of this issue as strong evidence points to some of these products as causing developmental issues, learning disabilities and brain injury in children.

Associated Press Investigations in Product Liability

In 2010, the Associated Press conducted tests on a variety of jewelry and toys. Over one hundred items were purchased from retailers throughout California, Texas, Ohio and New York. Testing indicated that many of the items contained unsafe levels of cadmium. Cadmium levels as high as 80 to 90 percent appeared in a variety of bracelets and other jewelry for girls. The AP findings sparked a number of recalls based on elevated levels of cadmium.

Read more…

On August 3, the Department of Agriculture’s (USDA) Food Safety and Inspection Service (FSIS) announced the recall of Arkansas-based Cargill Meat Solutions ground turkey products that are potentially contaminated by a multi-drug resistant strain of Salmonella Heidelberg.

This recall includes approximately 36 million pounds of ground turkey. It follows an FSIS public health alert from the end of July that was prompted by concerns of illnesses being caused by Salmonella Heidelberg in ground turkey. There were 79 reports of persons infected with the outbreak strain Salmonella Heidelberg from 26 states between March 1 and August 3, and one reported fatality in California.

The Cargill Meat Solutions ground turkey products have the establishment number “P-963” inside the USDA mark of inspection and were sold at retailers nationwide. They include the following products:

• Ground turkey chubs, use or freeze by Feb. 20 through Aug. 23;
• 85% ground turkey, use or freeze by Feb. 20 through Aug. 23;
• 93% ground turkey, use or freeze by Feb. 20 through Aug. 23;
• Ground patties; and
• Frozen ground turkey, production dates include Feb. 20 through Aug. 2.

And the following brands:

• Honeysuckle White;
• Riverside;
• Shady Brook Farms;
• HEB;
• Kroger;
• Aldis Fit & Active;
• Giant Eagle;
• Safeway; as well as
• Unbranded.

Anyone who has purchased any of the aforementioned affect ground turkey products is instructed to return them to the point-of-purchase. The retail distribution list is available as a PDF document on the FSIS website: http://www.fsis.usda.gov/FSIS_Recalls/Open_Federal_Cases/index.asp.

When handling ground turkey or other raw meat products, it is important to take the proper precautions in order to avoid contamination with foodborne illness-causing bacteria. This is true of meat product manufacturers and distributors just as much as consumers. If you or a loved one has suffered illness or injury due to any contaminated or defective consumer product in California, you may be entitled to financial compensation. Contact the knowledgeable Canoga Park, CA product liability lawyers at The Mandell Law Firm today to learn more about your legal rights at 818-886-6600.

In January, the Triad Group of Hartland, Wisconsin, issued a recall of alcohol prep pads that may have been contaminated with bacteria that cause serious, and possibly deadly, infections. As the Triad Group is just one part of H&P Industries, Inc., and the company packages its products for many other brands, it has been a challenge to get the wipes off the market. Many people may not have initially realized that wipes they bought under the Safeway or CVS brand are included in the recall.

It has recently come to light that the wipes and other suspect products by H&P have been used in Veteran’s Health Administration medical centers all over the country, reports MSNBC. In fact, the recalled products were removed from 38 of the country’s 152 major VA hospitals. In all, about 1,500 boxes of H&P products were removed. The defective products were also included in mail order pharmacy kits sent to veterans who administer medications to themselves at home. The veterans were informed to stop using the wipes in a letter sent to them by Veteran’s Affairs officials. So far no infections related to the Triad products have been detected in veterans.

Medical supply companies are required to provide safe products that are adequately tested for possible dangers. When they fail at this charge, they must be held responsible. The defective product lawyers in Northridge at The Mandell Law Firm are committed to victims of injury and wrongful death caused by medical product recalls. If you have been injured by a defective product, call our attorneys today at 818-886-6600.

On January 20, 2010, the Consumer Product Safety Commission (CPSC) announced the recall of 1.5 million Graco Children’s Products strollers after several reports of stroller hinges severing children’s fingertips. According to a report by the CPSC, the hinges on the canopy of the stroller have the potential to cause lacerations when opened or closed. There have been five reports of severed fingertips and two of fingertips being cut.

The Graco strollers were sold at major retailers including WalMart, Toys R Us and Target from October 2004 to December 2009. Consumers who own Graco Children’s Products strollers are advised to stop using the product immediately.

“It is long past time to re-evaluate our consumer safety procedures and make the needed improvements,” stated a CPSC representative.

This is the second major stroller recall in recent months. In November, the CPSC recalled one million strollers made by Maclaren USA Inc after similar incidents of hinges severing fingers. Following these two recalls, the CPSC stated that it would conduct a comprehensive review of all children’s strollers.

Toy and product defects can cause serious harm to children. The manufacturers of defective products are responsible for alerting consumers if there are any dangers associated with the use of their products. If an unsafe product has injured your child, you may be eligible to recover medical expenses and other financial losses incurred. Contact the San Fernando Valley product liability attorneys at the Mandell Law Firm for a free and confidential consultation. Our attorneys provide care and commitment for victims of accidents or wrongful death resulting from dangerous and recalled products as well as all other product liability cases.

Source:http://www.latimes.com/business/la-fi-strollers21-2010jan21,0,409322.story

In August 2008, Congress passed the Consumer Product Safety Improvement Act (CPSIA), which expanded the Consumer Product Safety Commission’s (CPSC) budget as well as allotting the commission more tools to prosecute corporations, speed recalls and progress the banning of lead and phthalates in products. Despite these new laws, there are still plenty of toys on the market that are unsafe and may pose a threat to young children.

In the California Public Interest Research Group’s (CALPIRG) 24th Annual Trouble in Toyland Report, several toy cell phones were reported to emit sounds loud enough to cause hearing loss or impairment in young children. Even though toys containing the toxic chemicals lead and phthalate were restricted this year, a few toys slipped through the cracks. Lead is a potent neurotoxin that can lower children’s IQs as well as set the stage for a variety of other health problems. The negative health effects of phthalates are also severe.

A pre-school book available in stores had 20 times the legal level of lead. Another hazard is jewelry that also contains high levels of lead. This year alone, the CPSC has recalled 1.3 million toys due to violations of the lead paint standard.

These product defects can cause serious harm to children and even death. If an unsafe toy has injured your child, you may be able to recover medical expenses and other financial losses caused by the unsafe toy incident. Call the Mandell Law Firm at (818) 886-6600 for a free and comprehensive consultation with one of our experienced San Fernando Valley product liability attorneys.

Source:http://www.kpbs.org/news/2009/nov/24/consumer-group-says-many-unsafe-toys-are-being-sol/

Toyota has recalled four million vehicles in the United States in order to replace accelerator pedals. The vehicles being recalled are Toyota’s 2007-2010 Camry and 2004-2009 Prius, America’s best-selling passenger car and hybrid, the 2007-2010 Lexus ES350 and several others. The U.S. government has reported that at least five deaths, two injuries and 100 cases are attributed to the acceleration pedals getting stuck because of faulty floor mats.

According to the National Highway Traffic Safety Administration (NHTSA), the floor mats are slightly longer than normal and could lock or cover the accelerator pedal. The case that shed light on the problem occurred last August in San Diego and involved the deaths of a California Highway Patrol officer and three family members. The accelerator pedal jammed causing the car to reach 120 mph. The vehicle then hit another vehicle, launched forward, rolled several times and ultimately burst into flames. The Japanese company has also extended the recall to Canada for 209,000 vehicles.

Manufacturers are under strict liability for their products and are responsible for any injuries sustained should their items be rendered defective or hazardous. In the above case, the victims’ family is entitled to compensation for wrongful death on four accounts and any other expenses relating to the accident, if a court of law rules that the defective product caused the accident.

If you or someone you love has been seriously injured or affected by Toyota’s defective floor mats, contact an experienced Northridge product liability attorney at the Mandell Law Firm today. Our team of skilled lawyers will discuss your case, explaining your rights to compensation. Call (818) 886-6600 today for a free consultation.

Source:http://www.google.com/hostednews/ukpress/article/ALeqM5gmKb2aKeW8fLflBGV0NNnp582M8Q