Articles Posted in Product Liability Law

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Through the years I have noticed there are some common questions that most clients ask at the beginning of their case.  Here are some answers to these common questions, which hopefully are of assistance to you if you have been injured by the fault of someone else:

1) Do I have a case?

This depends on a number of factors.  Were you injured?  Did someone else's fault cause you to be injured?  Is there insurance?  Has the statute of limitations passed?  Basically, this question does not have a standard response, but rather is dependent on a number of factors.

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Those who have been injured by the negligence of someone else often lose time from work, rack up medical bills, and suffer a host of other problems.  Getting a damaged car fixed, going to medical appointments, dealing with insurance companies, all take time and aggravation.  That is the bad news.  The good news is that nearly every personal injury lawyer in America works on contingency. 

First, contingency agreements allows everyone, no matter where they stand financially, access to a personal injury lawyer.  This means you get to have equal footing with an insurance company, without having to pay an hourly legal rate.  In fact, you pay nothing unless your personal injury attorney is successful in securing compensation for you.

Secondly, the contingency agreement also deters the filing of frivolous lawsuits.  It would make little sense for an attorney to take on a bad case that has no shot of settling or winning at trial.  Frivolous lawsuits and the contingency agreement are like oil and water.  Lawyers, like everyone else, don't like to work for free.  Taking on a frivolous case is the same thing as working for free.  It makes no sense.

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Here is an informative article I found over at insure.com on when, and when not to, hire a personal injury lawyer.  The article does a good job of dealing with this issue that concerns injury victims each and every day.  If someone carelessly injured you and you are unsure whether or not to get a lawyer, at least consult with a lawyer (nearly every personal injury lawyer offers free initial consultations) before you handle any legal process on your own.  Here is the article:

When to hire a personal injury lawyer

By Insure.com

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Some cases settle relatively quickly, while some take years to settle.  Oftentimes, there is no settlement at all after years of litigation and the case must be decided in court by either a judge or jury.  The bottom line: there is no way to predict how long your case will take to resolve, assuming it even does resolve. 

Here is a great article on why, and how, there are so many delays with personal injury cases, from the National Association of Personal Injury Lawyers wesbite:

"In this article, I will attempt to pin down the inherent causes of the anxiety and impatience some people feel when their personal injury case seems to drag on forever, with no clear resolution in site. Personal injury litigation can sometimes take years, with little hope in sight, at times, of seeing any substantial reward. But that's no reason to lose hope, as with a little perseverence and the law (and a good personal injury lawyer) on your side, justice isn' so far-fetched an idea after all.

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-   Get the names, telephone numbers and addresses of all parties;

-   Get the names, telephone and addresses of all witnesses;

-   Call an ambulance and the police, if necessary;

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I came across yet another fantastically informative article over at the website of CBS Channel 3 of Springfield, MA.  This article gives you some great inf0rmation if you have been injured by a product in Massachusetts:

Q. What is Products Liability?
A. "Products Liability" is a term which describes the law of negligence and breach of warranty as it applies to manufacturers, repairers, sellers and suppliers of numerous types of products. Essentially, Product Liability law allows someone who has been injured or suffered property damage as a result of a dangerous and defective product to recover monetary damages so long as the injury or damage is causally related to the product's defect.

Q. What obligations or duties do manufacturers of products have?
A. A manufacturer of a product is under a duty to use reasonable care in designing and manufacturing its product. A manufacturer is also under a duty of care to inspect a product and discover and eliminate any defects before it leaves the manufacturer's possession, custody and/or control. However, this duty is one of reasonable care and not of absolute perfection.

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