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.

Do’s and Don’t in Product Designing

In the beginning of the project it was good because the design was clear to all. However, the new design was changed twice which confuses the design team and made them weary of continuing the project. The marketing team pre-printed some brochures though they are worried of the outcome. The sales team found out that they lost commissions, they passed the blame to the design team. When the people in management knew this they gnashed their teeth and in anger rained down memorandums in the company for the reason that their budget is running over.

Sounds familiar right? You might think that functionality is the main purpose of a product but the design of the product also plays a vital role. Although the process in design does not always run well and there are major things that needs to be fixed. The things below are the Deadly Sins of Product Design which you must avoid in order to keep your design beautiful and in line with its purpose:

Tunnel-Vision: Keeping up with a need while creating another one

A good concept in design certainly solves a problem and meets a need. It seems so easy to make a design but the important thing is you have to make one which will not create another problem. An example could be a pair of hedge clippers. Putting a safety lock into the cutters will solve any potential problem. However the user of the scissors should avoid the lock to slip into its original position which locks the scissors so he needs to hold it in a certain way which might not be too comfortable for the user. Be watchful on the design since it greatly affects the purpose of the product.

Glitter: Nice design but costly and impossible to make

Any person that loves designing products wants to have that brainstorming environment where spontaneity and art abound. Making new concepts of design is fun and not a boring one. You can have fun in design making but you need to stick with your goal and that is to make a good design. Generally, product companies go to design firms for the design of their products, however these design firms do not have technical expertise. In the end of it you will find that the beautiful designs that you have made are impossible to produce or they are very costly to make. Thus, it is important to know your budget and resources and use them wisely.

Imperceptiveness: The failure to produce a design that meets the user need.

The user should be comfortable of the design of the product. See ergonomics as well as human factors and study on how your product will be used by the users. Learn to know the requirements of the user. Ask the users to know what are their thoughts of the product. You need to study how will the user go with the product and note the efficiency of the product with each use. The method is good specially when you are planning to redesign a product or make a competitive product in the market. Good designs are those that have good aesthetics which users admire but actually they do not know about its efficiency. If the product will be more on design then it will result in the frustration of the user and the product will be short lived. Make your designs simple so that you can make the functionality of your product at its fullest.

Safety: A mixture of ideas for users safety

You will find many kinds of great ideas on the market but if you want to outshine those ideas you have to be unique. Stun the consumers with your great stuff that you made for them. Prior to making a new design for your product, analyze first the competition in the market. Make your research and know the likes and dislikes of the users who use that particular product and find ways on how you can make the product better. Add some features from other industries and create some ideas to make your product more appealing. See what are the trends in the industry right now and know how you can incorporate your ideas to come up with the next-big-thing. Show the consumers on how well your product is over the competition in the market.

Transience: Designing for today and for the future

If you get the current condition then its fine to make a design for the present. But come to think of the products that changed the world since they were not only made for the present but also for the future such as cell phones, coffee makers, computers, etc. If you want to make a good design then you need have to see the future. Do not be contented with your present good, look for ways on how you can improve your user-product interaction. Think 5 years from now and figure out what would it be. What could be the changes in the user requirements during that time? Where else can be your product be used? Can your product be used for a new purpose? Is there new technology available for your new design?

Egomania: Designing only for the sake of the design

The problem with search for ways to make our design good is that we want to make it look cool and fix those points but really not solving the problem. You need to meet the need first before going to the design. You will have the design as you continue to develop your product. You might find great designs as the one that equates to the success of the product but true success of the product means the product meets or exceeds the user requirements.

Distraction: Fixing the wrong problem

Designing a material needs time to come up with a unique art. However, you need to have control from your fluidity. Usually as the design of the product evolves, there are things that are discovered and things are fixed. This is the most useful part in the process of creation-but you have to use this well. You need to focus your attention always to the original design scope. Do not let your design affect the functionality of your product else you will not end with your product. Return to roots of it and ask yourself why the design is needed for the product. Let’s take for example the new air actuated corkscrew. What the designers have discovered was the problem is not the design of the corkscrew but how to get the cork from the bottle. Rather than making a new cork screw the designers just made the air pump corkscrew to solve the issue. By that example, we can learn that the wise thing to do is to be simple in our designs.

Brilliant Business Ideas – Business Ideas for Stay at Home Parents

To start a family or not start a family, that is the question. Some people feel that to bring a child into this world is wrong given the state of affairs. There is pollution, military unrest, global warming, and economic strife. Raising children can put a huge strain on your budget almost indefinitely and provide you with sleepless nights. On the other hand, we have an innate drive to propagate the species, to pass on our genetic lineage as well as our religious and familial traditions. And let’s face it, babies are so dang cute!

This is the story of a couple, we’ll call them Jan and George. Jan and George met in their late 20’s and had lots of fun dancing at the Renaissance Faire, going on driving road trips to wherever their hearts desired. George was a loan officer and Jan a bookkeeper at an advertising agency. They had all the time they wanted for themselves and the money to do what they wanted. Trips to Hawaii, Fiji, even European vacations were on their travel menu. It was a good life and a fun life with hardly a care in the world.

Jan and George went on like this for many years, living and enjoying life freely. Then one day a fork popped up in their road. One way to stay the way they were, the other way to start a family. What to do? They figured that they were not getting any younger and they had already done a lot of things that most people do after they raise a family and are retired. So the decision was made and they increased the population with a handsome boy followed two years later a beautiful girl. It turned out, however, that the handsome boy was diagnosed with Type 1 diabetes at the age of 2 years and needed to be looked after always, even at school. How can a parent be there for a child if they must go to and be at a traditional office job? They can’t. And so the search for brilliant business ideas for stay at home parents began.

If you are a parent that wants to work from home how do you find a business model that will suit you? There are certain criteria you can work with as you search. First on the list is whether you want to work for another person or do you want to be your own boss. There are many jobs that can be done from your home where you work for someone else such as; data entry, bookkeeping, medical transcription, and assembly work, just to name a few. Another idea is to take something you love to do and teach others to do it from your own home. Teaching yoga, personal training, art classes, or cooking classes are great ideas for a home business. An additional way you can make money from home is to do professional work like accounting, counseling, advertising, or law work.

There are also opportunities to be your own boss, work from home, and have the support of a company. This allows you to work own your own when and where you want but have access to business systems, such as marketing tools (both online and traditional), training for the business, and a community of like-minded entrepreneurs that encourage each other by sharing ideas, strategies, and techniques of what is working right now. Not only that but there is the potential to earn an executive salary without the restriction of having to commute to an office, be responsible for the work others do, or working overtime to complete a project.

Well, Jan and George thought that this truly was a brilliant idea and found an excellent company that they could earn with and also travel the world in luxury for a fraction of the cost. They were home to take care of both their son and their daughter. Jan was able to spend many hours volunteering at their school and they continued their habit of road trips and vacations. They live a life that is unique but really, anyone can have.

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