What a Lawyer Must Prove to Win a Product Liability Case

Thousands of injuries occur each year in the United States from defective or dangerous products. Victims of dangerous defective products have legal protection under product liability laws throughout the country. These laws govern the legal rules that determine who can be held liable for the defect or danger to consumers.

In general, products sold to the public are required to meet common expectations of consumers. When those products have an unexpected defect, common expectations of consumers are not met.

More than one party could be held liable for injuries that occur from consumer use of a defective product. This includes all sellers that are part of the distribution chain for making the product. Parties that are potentially liable for a defective product include the manufacturer, parts supplier, wholesaler and the retail store from which the product was purchased by the consumer.

The type of defect will determine who is responsible for a liability claim. All of the specifics related to a product liability case may differ among states. However, there are certain elements that a lawyer must prove to win a product liability case for his or her client. These elements include:

  • Injury and/or loss was caused by the product
  • Product was defective
  • Manufacturer’s error led to flaw in product
  • Manufacturer failed to warn consumers about potential dangers
  • Product was used correctly

Product Caused Injury and/or Loss

An actual injury or loss is a crucial element for a lawyer in proving a product liability claim. Specifically, the injury or loss must be a direct result of the product’s defect. In some cases, demonstrating the link between an injury and product defect is straightforward. In other cases, proving that the defect caused the injury or loss is not so easy.

For instance, a client was injured in a car accident while driving a vehicle prone to flipping over. If there is evidence that the client was speeding when the accident occurred, the manufacturer could argue that reckless driving – not the design of the vehicle – caused the accident.

However, a client could suffer third-degree burns when a brand new electric tea kettle explodes because of a hairline crack. The client did nothing out of the ordinary while using the tea kettle and could have a strong injury claim.

Product is Flawed Due to Manufacturer’s Error

In addition to proving that the product caused an injury or loss, the lawyer must also prove that the same product is defective. For some cases, the defect could be the result of a problem at the manufacturing plant. For others, the defect is within the product design, which means that the entire product line is dangerous for consumer use.

A lawyer might have a harder time proving that there was a flaw in the product design. The most likely scenario is demonstrating that an unreasonable design created the danger. However, a product that has potential danger is not automatically a judgment against the manufacturer or supplier when an injury occurs.

There are times when designing a product in a cost-effective or reasonable way is not feasible. Consider the potential dangers of vehicle air bags. While they can cause serious injury to a driver or passenger, they can also save lives in certain collisions. Car manufacturers would argue that when alternative outcomes are considered, air bags are not unreasonably dangerous.

Manufacturer Failed to Warn Consumers of Potential Dangers

Typically, a lawyer might have a better chance at proving an injury or loss occurred from a defective design when the average consumer is not aware of the dangerous quality. A ruling in such cases may depend on whether the manufacturer failed to warn consumers of the potential dangers. The manufacturer or supplier must show that instructions and warnings were reasonably sufficient.

In this case, a client might suffer third-degree burns from an electric tea kettle because the steam valve is concealed by some part of the product design. An average consumer would expect to find a visible spout from where steam is released. Instead, the steam valve is placed in an inconspicuous area, which strengthens a defective design claim.

Proving defective design is problematic if the tea kettle included bright red stickers printed with the word “caution” and the user manual included warnings about the steam valve position. The legal question now becomes whether the warnings were adequate.

Injured Client Used Product Correctly

Generally, the lawyer’s client must use the product correctly; that is, the way the manufacturer intended the product to be used. Continuing with the tea kettle example, an example would be if the explosion occurs when used to heat water for an outdoor kinds’ pool is not the intended use.

If the kettle explodes and causes burns, the lawyer may not be able to prove manufacturer liability. The manufacturer is not required to make the tea kettle safe for use with an outdoor pool.

However, this does not mean that use of every product must conform to the manufacturer’s specifications. The key is proving whether the average consumer would or would not use the product in the same manner as the client. If so, the lawyer has met the reasonable expectation of use requirement.

Winning a product liability case involves deciphering often complex circumstances and establishing a good legal theory. A lawyer who is knowledgeable of product liability law and the litigation process will craft a strategy to prove the case. An immediate investigation into the facts surrounding the case could expose obvious defective issues. Further, expert testimony is often essential in proving that a defective design caused an injury and/or loss.

Acne Skin Care And Treatment Products

If you are currently dealing with the pressing problem of acne, do not fret. There are actually thousands upon thousands of people dealing with the same problem. Acne can indeed victimize just about anyone, provided that the right circumstances occur. Thus, it is important to discuss the various acne skin care and treatments in the market right now. In general, there are many acne products that you can use and treatment methods that you can employ. One thing is for certain though, and that is, you should not try just about any product or treatment method on your own. What is effective for a certain person may not necessarily bring about the same results for you. Thus, it is of import to check in with your dermatologist, to determine which acne skin care and treatment products would be appropriate for you.

If you are dealing with acne, then you surely must have heard about proper skin care routine. This is actually an essential part of the whole treatment. Treating acne is not as simple as merely dabbing your face with acne gel that you can easily purchase over the counter. Treating acne goes beyond that simple act. Being stubborn won’t help because self-treatment just might lead to the condition becoming worse. There is also that risk of formation of more acne on your face. And this is something you should definitely avoid.

The important thing in solving the problem of acne is to keep your skin’s production of natural sebum oil under control. One effective product that you can easily use is mild facial wash that contains salicylic acid. But why salicylic acid in particular, you may ask. This is because salicylic acid has properties that can prevent the overproduction of sebum oil. It is actually the sebaceous gland that is overactive here. Salicylic acid works to inhibit the producing properties of your sebaceous glands. Once the salicylic acid components take effect, the clogging of your pores would be reduced significantly. You can then do away with oil and dirt on your face.

Another highly recommended treatment method is the combination of using a topical application consuming supplements specially prescribed for acne. For the appropriate combination to be prescribed, you should still consult your dermatologist. In general, products, such as Acnezine or ClearPores, are highly recommended. These are indeed amongst the top acne skin care and treatment products out in the market today. It also helps to be vigilant about the application and the consumption of acne products, to ensure the proper treatment of the condition.

Get Your Brand Visible By Designing Promotional Products

Marketing and branding shouldn’t have one focus. While getting yourself seen on and creating sales through the internet has increased over the last decade, the physical world should not be ignored. Although the return of investment from print advertising has declined, branding through promotional products is still an effective approach for getting seen. Instead of adding your logo and name to any common product, however, consider the items used to promote your business. The items displaying your logo should be moderately associated with your services or products, or they should be general use products that nearly everyone will need.

Finding the right product depends on your industry, as nearly all items can be transformed through an imprinted logo. If your business sells garments, for example, don’t go with paperweights displaying your name. Instead, consider an industry-relevant product such as, in your case, garment bags for traveling.

General products, however, can also make an impact, too, but the product displaying your logo should be one nearly anyone can use. Tote bags, mugs, and pens, because of this, are some of the more popular promotional products for all businesses.

While being industry-specific or all-around useful helps with getting seen, part of branding involves a recognizable image. When thinking about the logo displayed on all products and the color of the products themselves, choose shades that can be instantly identified with your brand. Creating promotional products is not an occasion to be unique. Instead, you want to create an item that everyone will quickly associate with your company or organization.

A third factor to consider is the consumer. Who are you targeting? While many promotional products go to the public, your employees or customers can also display your product. For the general public, consider promotional products that can be quickly and easily be distributed. For your employees or customers, think about items that will be useful on a daily basis.

Selling a Niche Product – Choosing the Right Item to Promote For Maximum Revenue

If you are trying to make money online, selling a niche product can provide an easy way to do so. You just need the right audience and the right product.

Step 1 – The first thing that you need is the right audience. If you already own your own blog, you likely have a target audience in mind. You know what they are interested in, and what things may fulfill their needs. Plus, you’ve build up trust so that if you recommend something, they are likely to buy it.

However, you need to be careful not to abuse this trust. Only recommend products that are high quality that you know your readers will benefit from. Otherwise, you risk alienating your readers.

But what if you don’t have a blog? 

If you don’t have a blog, you have you still have a few options for making money online with niche products. You could build a small website reviewing different types of products. For example, you could review each major brand of lawnmowers. On the home page, you would put the most popular brands. Eventually, you may start making sales through your website.

Understanding What’s Popular Online To Resell 

If you are going to go this method, you need to choose the right product. You need to do some research and choose the right kind of product that people will buy over the Internet.

The lawnmower example from above probably would not be something you would buy but it is a tight niche that people would be interested in.

You may want to look at more general products that have a higher interest across the general population such as electronics, books, games, and other small shippable items.

Have a look at Amazon.

You can look on Amazon to get a good idea of things to promote. They have a list of the most popular items on there at any given time. 

Additionally consider Clickbank and PayDotCom for information products that are popular online.