Liability

Defective Product Liability
Engineering Liability
Home and Business Liability
Landlord's Liability
Medical Liability
Pet Liability
Product Liability
Property Owner's Liability"
Types of Liability



Defective Product Liability

All defective home products and appliances should be reported to the Consumer's Product Safety Commission. The Commission has the power to instruct manufacturers to recall products should a patent of defective products occurs. Warranties and guarantees on products are important and a claim should be made to the manufacturer while the industry also maintains consumer complaint boards and tries to mediate disputes. Their actions are not legally binding but often peer pressure works to resolve claims.

If a defective product causes an injury, it is possible to sue the manufacturer for damages. If many injuries have resulted from the product, a class action suit is possible. But other and better remedies may be available. First try following the complaint with the manufacturer or reporting the problem or injury to a consumer action group for the industry. Sometimes the manufacturer will resolve the matter to your satisfaction. If you ultimately are forced to file suit, these attempts to gain redress will only strengthen your case.

Back to Top



Engineering Liability

Personal injury damages caused by defective highway design may be more difficult to collect, mainly because the defendant is the city or state government. Citizens do have a right however to sue the government for negligence in designing highways and other acts which cause personal injury and are under jurisdiction of the government. One must take into account other considerations such as sovereign immunity, statute of limitations or other restricted statutes. Not only will these regulations make it difficult to collect financial compensation, but the amount of recovery is likely to be far less than if one sued against a private defendant. It is imperative that you find a lawyer who is familiar with these special rules that are involved when suing the government.

Back to Top



Home and Business Liability

To be legally responsible for injuries caused by defect on premises, the owner of the premise or the owner's employee must have caused the defect, or must have known of the defect, or the defect must be so obvious that a reasonable person taking care of the property would have discovered it and removed or repaired such a thing. The lack of discovery of the defect is the most common problem in a premises defect case because you must prove that owner should have known of the defect. A person who is responsible for the property must make some regular effort to check the safety on the premises and with its repair and clean-up with safety in mind. On the other hand, the law does not require a premises owner to stand by around the clock to repair things instantly anything that is broken, dropped, or spilled. The law concentrates on the reasonableness of clean-up and repair efforts. Someone who makes regular and thorough efforts to keep property safe and clean is less likely to be liable than an owner who completely neglects the premises.

Back to Top



Landlord’s Liability

If you have been injured at your apartment or other rental property, your landlord may be liable for damages. An attorney can help you determine what kinds of damages are covered by your landlord's insurance. Basically, landlords are responsible for making sure that you are aware of any potentially hazardous conditions on the property and they must act promptly to make them safe. They should have someone evaluate the property to make sure conditions are safe for tenants. Landlords must also make it clear what portions of the property are off-limits to its tenants. Many landlords however do not claim responsibility for lost or stolen property and usually advise each tenant to buy renter's insurance to insure their personal property.

Back to Top



Medical Liability

Each health care provider has a duty to conduct themselves in a standard that is recognized by their profession. Bad results do not necessarily mean negligence on the part of the person who has treated you. Patients who present themselves to healthcare providers bring with them the problems of which they are complaining. Sometimes complications can occur, even with the best of care. However, if the doctor makes a mistake or does not follow the procedures that are required by his profession, he may be held liable for his negligence. This type of negligence is especially serious because you are in a vulnerable condition and are having to rely on with blind faith on the advice and skills of those treating you. Medical malpractice cases are unusually expensive and technical cases and only a few trial lawyers successfully try such cases. As in all lawsuits, a malpractice case must be filed within a certain time frame. Calculation of this time frame, known as the statute of limitations is quite complex and requires advice of counsel. If you feel that you have been injured as a result of the negligence of a healthcare provider, you have the right to see an attorney. Request an evaluation to satisfy your own mind that the injuries that you have suffered are the unavoidable complications of the problems of that you have, or if they are the result of negligent acts or omissions by those that you trusted to treat you. See an experienced trial attorney who specializes in medical malpractice.

Back to Top



Pet Liability

If you are injured due to the negligence, recklessness or intentional conduct of another person, product or company a claim for personal injury may be filed so that you may be compensated for the physical, and or emotional injuries that you received. Each type of injury creates a unique problem and requires different types of evidence to prove. For dog bite cases the law varies from state to state. In many states a dog owner is strictly liable for the actions of his or her pet. Numerous states have dog bite statutes that hold dog owners liable for the injuries caused by their dogs. This means that as long as you didn't talk or provoke the dog, all you have to prove is that the dog bit you. In other States, the dog owner is liable for your injuries only if the owner knew or should have should have known that the dog was likely to cause harm. Under these circumstances establishing a dog's past behavior is important. Once negligence is established, personal injury laws give injured victims the right to be compensated. To determine the types of damages that can be awarded to the plaintiffs, courts look at the serious of the harm, the extent of the defendant's wrongful conduct, and the circumstances surrounding the wrongful conduct. If you have questions about your particular case, talk to a qualified attorney in your area.

Normally, such damages are covered under your homeowner's insurance policy, under personal liability coverage. However, if you are aware that your pet is dangerous, you are responsible for maintaining control over your animals. If you do not take the necessary precautions of controlling your animal, you are considered negligent and liable for damages and injuries caused by the pet. It is in your best interests to secure a dangerous pet in a location away from strangers to avoid paying damages should an accident occur.

Back to Top



Product Liability

Liability laws are in placed to give consumers the ability to sue manufacturers, distributors and vendors for injuries resulting from accidents with faulty products. In this type of case you will hear the term strict liability. Strict liability is a legal principle that makes it easier for consumer's to recover damages than in other personal injury cases such as medical malpractice, where you have to prove negligence. In a strict liability case, you do not have to show that a manufacturer or vendor was negligent or careless. Only that a defect in a product caused the accident, that you were using a product in a way that it was meant to be used, and that the product was not substantially changed between the time it left the seller or manufacturer's hands and the time it reached you. In some cases, even if you are not the original owner of the merchandise, you can sue for product liability. For example, if you borrow a tree trimmer from your next door neighbor that turns out to be defective and injures you, you can file a product liability claim against a manufacturer or vendor. Product liability laws vary from state to state so it is wise to consult with a qualified personal injury attorney in your area for information.

Back to Top




Property Owner’s Liability

If you are a home or business owner, it is your responsibility to make sure your property is maintained in a safe and proper manner. Otherwise you may be liable for injuries and accidents occurring on your property. Any potentially dangerous or hazardous situation should be repaired immediately for example, walkways and sidewalks should be clear and easy to walk on. Oil, snow, ice and other slippery substances should be cleaned away immediately. Property owners may also want to assist elderly persons and other needing assistants to walk around their property in order to avoid accidents and injuries.


Back to Top


qualified attorney.