How a recall affects a product liability claim

Posted by on Feb 13, 2016 in Product Liability | 0 comments

Unsafe products sometimes cause injury or death to consumers, according to the personal injury lawyers at Crowe & Mulvey, LLP. Additionally, they said that people do not necessarily consider the products they purchase as harmful, since it is expected that those products underwent proper manufacturing and marketing. Unfortunately, that is not always the case. There are thousands of consumer products, which were found defective, that were placed on the market. On the bright side, though, federal agencies Food and Drug Administration (FDA) and Consumer Product Safety Commission (CPSC) exist to protect the public from faulty and potentially dangerous products. The duty of those agencies is to make sure that the mass is made aware of product recalls.

Product recall is the official request to return or discontinue a certain product due to the discovery that it might be or is defective in any way that may have the tendency to cause illness, injure, or even kill a person. Once a company is accused of endangering consumers, product liability law enters the picture. Product liability is a specific law that deals with entities that are held responsible for the harm inflicted on a person during the consumption of the product.

Certainly, a product recall strengthens the possibility of winning a product liability claim. However, according to legal information hub All Law, a product recall does not necessarily make the company (manufacturer, distributor, etc.) accountable. A product recall, at the very least, may aid in establishing that a certain product was faulty, but it does not guarantee winning a lawsuit. The complainant must strongly prove that his/her injury (or someone’s death) was, in fact, caused by the product because of its defectiveness.

If one truly believes that a defective product caused harm, it might be best to enlist the help of a personal injury attorney because of their extensive knowledge of the law.

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Understanding Expunction: Conditions for Having Criminal Records Sealed

Posted by on Aug 26, 2015 in Crime Laws | 0 comments

There is no surprise in knowing that a criminal record can continue to have significant effects on a person’s life long after all obligations have been served. As the website of the Law Offices of Mark T. Lassiter puts it, individuals with a criminal record are likely to find themselves facing prejudice and hardship. A criminal record can greatly block certain opportunities, such as educational, financial, and career advancements. Those keen on bouncing back and starting over can do so through expunction or the process of having criminal records sealed.

Before we go into understanding the process of expunction, criminal records are not only kept on people that have been convicted of a crime. As the Flaherty Defense Firm notes on its website, criminal records are also kept on individuals that have been arrested or charged of a crime—regardless of the circumstances around it. This is why it is particularly important to have an option that allows for a process to have criminal records sealed from the public. Through expunction, an individual can petition the court to have past criminal records sealed, preventing potential employers and other organizations from accessing the information.

Individuals who are considering to petition for expunction should be aware of the fact that the process is largely different from state to state. Depending on one’s state of residence, a petitioner must be able to meet certain conditions before they can be granted approval. In general, expunction is an option available only to those who were arrested or charged but not convicted of a crime. It is also mostly applicable to crimes that are deemed as misdemeanors. Certain circumstances such as acquittals, pardoned convictions, and juvenile offenses are also among the conditions in which expunction may be pursued.

On top of these basic conditions, the court will also consider several other factors before expunction can be granted. Most states require that an individual only be allowed to make their petition after a certain amount of time has passed. Some, such as Florida, require that the petitioner have no other criminal records sealed.

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Healthy, Happy Dogs: The Benefits of Dog Walking and Exercise

Posted by on Aug 24, 2015 in Pets | 0 comments

Considering that dogs are lovingly referred to as man’s best friend, it comes as no surprise that there are millions of Americans who welcome these beloved pets into their homes. As the American Veterinary Medical Association points out, 36.5 percent of the 43 million American pet owners have dogs. And why shouldn’t they love and care of these animals? Dogs are well-known for their loyalty and friendly dispositions. They are also known to be very active, fit for a variety of tasks. However, for some dog owners, the boundless energy of these animals can quickly become a problem.

As most people are familiar with, dogs are close relatives of wolves. Their genetic disposition has created them to be effective hunters. They are able to expend much energy to go on for days hunting prey. Of course, as beloved pets, the dogs of the modern world have no need to do this and turn to other activities to practice their instincts. According to the website of Walk! ATX, this pent-up energy is the root of many behavioral issues that owners observe in their dogs. Because they have no outlet, these dogs resort to bad habits such as biting and chewing furniture, too much barking, rough play, and overeating. The lack of avenues to exercise and explore their natural instincts may also cause them develop health issues that may affect them in the long-run.

This is where regular dog walking and exercise comes in. Adapting short daily walks to your routine can make a world of difference in the health and behavior of your pet. Ideally, dogs should ideally have about 150 minutes worth of exercise and physical activity each week. You can easily achieve this goal by walking your dog for 20 to 30 minutes. If you can set a specific schedule, it might be easier to integrate your dog’s exercise routine into your day-to-day activities. There’s also the option of working with dog walkers if time and scheduling remain a difficult issue

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Sexual Harassment in the Workplace: What You Need to Know

Posted by on Aug 23, 2015 in Workplace Law | 0 comments

The Equal Employment Opportunity Commission or EEOC was created in 1964 to ensure that anti-discriminatory laws are properly enacted in workplaces all over America. As Title VII of the Civil Rights Act suggests, every person has the right to be protected from any form of discrimination based on race, gender, age, sexuality, religion, and the like while performing their jobs. Among the many issues the commission is tasked to address is the prevalence of sexual harassment in the United States. From the years 2010 until 2014, the EEOC has received an annual average of roughly 7,488 reports of alleged sexual harassment charges.

Such an astounding figure shows that the problem needs to be addressed. In particular, much awareness and discussion should be raised regarding the two types of sexual harassment most common in workplaces. According to the website of employment law attorneys Cary Kane LLP, sexual harassment cases can be categorized as instances of quid pro quo or situations that create a hostile working environment. These two types encompass are variety of different scenarios wherein an employee is made to suffer unwanted sexual attention and inappropriate advances. Quid pro quo refers to instances where an employee is asked for sexual favors under some condition. For example, employee might be threatened with termination or promised a promotion. On the other hand, a hostile working environment can be created through lewd comments, profane gestures, unwelcome touching, and other similar instances of mistreatment.

The employees who become targets of any incident falling under the aforementioned scenarios can take legal action against their employers. Sexual harassment is a serious issue that prevents employees, particularly women, from being able to enjoy their right to opportunities of equal employment in the United States. Instances of sexual harassment can leave profound effects on its victims. Aside from the obvious way it can damage a person’s ability to perform their tasks efficiently, it can also have significant emotional and psychological effects.

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Basic Information about Child Support Contributions

Posted by on Aug 22, 2015 in Family Law | 0 comments

There can be no doubt that divorce is indeed a complicated and emotionally taxing process. This is particularly true for situations where there are children involved in the equation. When a couple going through a divorce shares a child, they will have to make a number of difficult decisions regarding care and co-parenting. This includes coming to a concession regarding child support contributions.

Through the Child Support Enforcement Act of 1984, the law ensures that children whose parents have opted to get divorced will be properly taken care of and have their needs met after the process is finalized. In particular, the law guarantees that these children receive adequate care through financial assistance provided to the parent awarded physical custody by the court.

Non-custodial parents are expected to provide a specific and agreed upon amount of periodic payments to help meet their children’s basic needs. These payments are expected to contribute to necessities such as food, clothing, health care, and education plans until the children involved turn 18. In some instances, divorcing couples might also agree on child support contributions that help cover less pressing expenses such as college education and vacations.

The specific amount expected from a non-custodial parent will depend on a variety of factors. These conditions may differ from state to state, but most family court judges will base their decisions on the age of the children involved and the cost of their particular needs. The age and health of both parents are also part of these considerations, as well as the job and income opportunities of both parents.

As the website of the Law Offices of Baden V. Mansfield points out, there certain circumstances that might call for child support arrangements to be modified. Adjustments made to child support arrangements are made to accommodate changes in lifestyle. According to BB Law Group PLLC website, agreements can be modified in two general ways. Some cases, such as when a non-custodial parent becomes unemployed, warrant a reduction on the amount of contribution required by the court. On the inverse, a custodial parent facing financial difficulties caused by medical issues can ask for an increase in child support payments.

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Zofran for Morning Sickness: Is it Safe to Use?

Posted by on Aug 20, 2015 in Medication Risks | 0 comments

An overwhelming majority of women experience morning sickness at some point during pregnancy. For some, the overwhelming waves of nausea can be addressed through a change in diet and other non-medical remedies. However, there are some women that suffer from more severe manifestations of nausea and vomiting during pregnancy that alternative solutions are not enough. For that, plenty of doctors have begun to prescribe these women to use Zofran—a drug that was first introduced in the early 90’s to treat nausea and vomiting caused by chemotherapy and radiotherapy.

While Zofran is clearly an effective way to eradicate the crippling symptoms brought about by morning sickness, it’s important to note that it is not without some side effects. Like other medications, the anti-nausea drug can cause a number of secondary effects that might range from discomfort to something that is more particularly alarming. Zofran is known to cause lightheadedness, headaches, drowsiness, fatigue, and constipation. In some cases, it has also been found to cause muscle spasms and problems with vision.

There are other concerns regarding Zofran and its use during pregnancy that are more alarming that these side effects. According to the website of Williams Kherkher, the use of Zofran to treat morning sickness can pose serious risk to unborn children. It seems that there have been a number of reported cases pointing out that Zofran can cause long-term health issues in infants. In particular, Zofran has been linked to cases of congenital heart defects and birth deformities such as cleft lip and palate. A study conducted by Canadian organization Motherisk examined the connection between Zofran use and congenital heart defects. It concluded that women should err on the side of extreme caution when considering the drug as a way to alleviate their morning sickness symptoms.

A similar assessment has been made by the Food and Drug Administration in a 2013 statement. In the report, the FDA emphasizes that while no categorical conclusion can be made regarding the safety of Zofran use during pregnancy, the public should keep in mind that concerns have been raised by some members of the medical community. They urge the public to communicate with their health care providers regarding any concerns with the safety of Zofran.

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Common Causes of 18-Wheeler Accidents

Posted by on Aug 18, 2015 in Vehicle Accidents | 0 comments

An 18-wheeler is among the many terms used to refer to a type of large truck composed of a tractor unit where one or several semi-trailers are hitched. The vehicle is used for heavy-duty hauling, mostly in the commercial and construction industry. Like most large trucks commanding the road, 18-wheelers are notoriously vulnerable to accidents. As noted by the Insurance Institute for Highway Safety or IIHS, roughly 1 in every 10 traffic fatalities involves large trucks such as 18-wheelers. About 130,000 individuals are said to be injured in an 18-wheeler accident each year.

As one can easily guess, 18-wheelers and other large trucks are particularly dangerous to other commuters due to their overpowering size. Most of these vehicles are 20 to 30 times heavier than a typical passenger car. This makes any large truck much harder to maneuver. It’s also easy to see that the huge discrepancy in size can make even the most minor of collisions extremely devastating. A truck’s size can also cause the driver to be vulnerable to no-zone areas or blind spots.

Of course, these risk factors aren’t much of a problem as long as truck drivers are able to receive proper training before being allowed by employers to operate any type of vehicle. The real danger lies on other, more conspicuous causes of 18-wheeler and other large truck accidents. According to the Chris Mayo Law Firm website, devastating truck accidents a result of negligence, particularly instances of truck driver error, drunk driving, and hours of service violation. The website of Habush Habush & Rottier S.C. ® adds truck malfunction, defective parts, and improper loading and securing of cargo as other common reasons behind these horrifying incidents.

It is true that 18-wheelers and other large trucks may pose certain dangers in highways and roads. However, truck drivers and operators can easily mitigate risks by following safety protocols and traffic regulations. There is still a way to curb the growing numbers of truck accidents occurring in America.

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