In all types of liability cases, three components will be assessed in order to determine if a person's situation qualifies under the stipulations provided by product liability laws. First, officials will look to see if there was a manufacturing defect in the product. If it can be proven that poor workmanship or substandard materials used in the manufacturing process of a marketed item, there may be cause for a liability claim.
Design defects will also come into play in the investigations of faulty products. Under these conditions, no matter how poorly or well manufactured an item was made, if it was inherently designed with defects there is no blaming the manufacturer for the adverse conditions that resulted. When a product fails to meet standard expectations of safety consistent among consumers of all types, it could be classified as defective in its design. The same is true for products in which the risks outweigh the benefits of using the item.
Product liability cases can also be made on claims of failure to warn. Under these circumstances, a product may carry with it nonobvious dangers that are inherent in its overall being - completely separate from its design and manufacture. Under these circumstances, the underlying issue lies in the fact that a product's dangers could have been alleviated if the item had donned the proper warnings on its label. No matter how well a product is designed and manufactured, there certain situations that require adequate warnings to the potential users of the product, and when these warnings do not exist there could be serious cause for concern. In these cases, a product liability claim will almost certainly be in order.
As an individual pursues a product liability claim, whether through manufacturing defects, design defects, or breach of warranty it will be essential that negligence is proven. To do so, it must be shown that a duty was owed; the duty was breached in some way or another; the breach in some way caused harm or personal injury to the plaintiff; the breach proximately caused injury to the plaintiff; and quantifiable injuries were sustained as a result of the breach. When all of these can be determined and successfully proven, a plaintiff will be met with the positive results desired in their product liability claim.
The lawyers who are reading this article probably already know what I'm talking about. The case is tried, the motion decided, or the closing done. You head out for the evening or go home to celebrate, relax and just take it easy. You find yourself sitting in a comfortable chair with the TV on, or maybe with a good book or companion.
But relief doesn't come.
Instead of sinking down into a restful, peaceful state, your mind starts to work. "Did I do everything right?"
"What about next week's case?" "Did I bill enough hours today?" Maybe there aren't just thoughts - but unpleasant physical sensations. Maybe you feel jumpy, or "itchy", like you just can't sit still. You might feel pressure in your head, or your heart is pounding, or uncomfortable electric sensations in your arms or legs. Stress floods through you. Or, at the other end of the spectrum, you might feel totally shut down and numb, like a circuit breaker has flipped. hartford criminal defense attorney, hartford ct criminal defense attorney, hartford ct criminal defense attorney