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.

Exploring Anti Aging Skin Care Products

There are thousands of anti aging skin care products on the market as you must be well aware of. However, the quality of these anti wrinkle skin products will vary from exceptionally lousy to outstanding. Not surprisingly, many of the companies will claim their special brand is the best there is.

Obviously not every product can be the best. That means there is a lot of misinformation about skin care out there. No wonder consumers looking for high quality anti aging skin care products often are unsure as to which specific product they should buy and use.

In general, products containing ingredients that have been proven effective by clinical tests can credibly be called good products. Let’s take a look at a few of these.

Any product containing ingredients that are 100 % natural would definitely be worth exploring. That’s because all natural anti aging skin care products typically avoid harmful or even toxic, which are still often used by even brand name companies that base their products on chemicals and mineral oil.

They will use preservatives and synthetic chemicals in order to make their creams have a nice texture, smell good or make it stay good for years on the supermarket’s shelf. While such properties are great for the company’s profits, they are unfortunately harmful to the people using these products: possibly causing skin irritation, rashes and even cancer.

But when you use all-natural products that are free of these potentially dangerous ingredients, you can avoid a lot of potential health hazards.

Of course, it is also important to do some research when on the lookout for the best anti aging skin care products. Such research could consist of reading user reviews, doing a little customer service research, or simply taking the good advice of a friend. Great products will eventually develop a reputation for being great – regardless of if they are widely advertised or not. When you find a product with a reputation like that, it is definitely worth trying out.

However, remember not to take all anti wrinkle cream reviews as the absolute truth, because different people have different opinions on what equals “good”, and what may work for someone else, may not be ideal for you.

My tip is to try out a few skincare product lines that are 100% natural and have good customer reviews. Try to find products containing a mix of natural substances designed not only to moisture, but also to boost your skin’s collagen production.

Some of the best all-natural ingredients include, but are not limited to, C-enzyme Q10, Xtend TK and Phytessence Wakame. These are all powerhouse ingredients proven to smooth out wrinkles and keep new ones away. Look for anti aging skin care products containing these three, and you should be seeing anti wrinkle effects in no time!

To learn more about anti wrinkle skin products and natural skin care, please visit my website today for founded, reliable information.

Understanding the Nature and Purposes of Promotional Products

A very essential factor that any business and company must have is a constant flow of traffic. Knowing this, business owners need to find techniques to enhance the exposure of their company. Advertising is the best way to do this; however, in this modern world there are already various methods of promotion that you could choose from. You can benefit from the media through T.V, radio and Newspaper advertising, create an attractive collage or flier or make use of valuable materials such as bags and shirts.

How Promotional Products Work

Researchers have shown and proven that these products have done an outstanding effect in increasing money traffic, generating leads, developing a company’s identity and in building client’s loyalty especially in this tough economy. These promotional products work by imprinting your company’s logo and name unto the item. The most common materials used are bags, shirt, and toys. Because these items are appealing and beneficial, people like to accept them and serves as motivators and incentives. Because they are so products to choose from, you can be flexible in planning an effective advertisement. According to a research study conducted by one of the universities in the United States, these techniques can significantly increase rates for up to 75 percent.

Promotional Products Pros

Promotional products are flexible and can be suitable in any kinds of ads and in any situations. The effectiveness and impact of your products used in promotion on the marketing campaigns can be easily measured, and feedback can be seen every time. When your customers received an item from you, they will feel they are given importance by your company and therefore provide a great way in building clients’ loyalty by a higher perceived value. They also complement targeted campaigns and other media with its ability to be modified for the exact campaign and can also work efficiently when joined together with other marketing products.

It is proven that promotional products are effective techniques used to improve product sales, but there are times that these items are not applicable for other purposes. There are times that small business may sometimes find difficulty in paying for these products due to a deficiency in resources compared to bigger companies. Generally, products used for promotions are for short durations and increases sales for a short while which is difficult to maintain. The bottom line is you need to ensure that your marketing and advertising department should use effective strategies on how to implement properly your marketing strategies.

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.