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Archive for June, 2016


Defective product liability

Identifying the parties (people or companies) is an important first step in filing a defective product lawsuit. There are a number of different potential parties that could be sued, depending on the type of product liability claim. Naming the right parties may increase the chance of getting full recovery for the injuries. However, identifying the liable parties may not be an easy task. All parties included in the chain of distribution can be added as defendants in a defective product lawsuit.

The following are the type of entities who can be sued in a defective product liability case:

  1. Manufacturer

    It is important to note that more than one manufacturer can be a defendant in a defective product liability case. The manufacturer can be an individual working out of a garage or a multinational company. If the defective product is part of a larger product, it is important to include both the manufacturer of the defective part and the manufacturer of the whole product that contains the defective part.

    It is also important to name all the contractors and consultants who worked with the manufacturer to design the defective product. A defective product liability lawsuit should include the companies that built the product, designed it, contributed parts to it, or inspected it for quality. Having all these details will ensure full recovery for the injuries.

  2. Retailer

    Although, the retail store where the defective product was sold may have nothing to do with the designing and manufacturing of the product, the retailer can still be sued for selling a defective product.

    Note the following points when figuring out if the retailer can be sued.

    You don’t need to be a buyer– You can still recover for injuries, even if you did not buy the defective product that caused you injury. This is applicable in a situation when you get injured by an improperly manufactured product given to you by a co-worker. Just because you did not purchase the product yourself this does not prevent you from bringing a defective product lawsuit against the retail store, from where the defective product was purchased.

    You don’t have to be the product user– You can file a defective product claim if you were injured by a defective product that someone else was using. For example, if you get injured by blade that flies loose from your neighbor’s defective lawnmower, a defective product liability claim can be filed against the retailer, regardless of the fact that you were neither the purchaser nor the user of the defective product.

    You might be able to recover for used products– If a used product was purchased that turned out to be defective from a supplier of used goods, you can sue the supplier, depending on the product, the nature of the defect, and your state laws.

  3. Wholesaler/ Distributor

    Between the manufacturer and the retailer, there are a number of wholesalers, suppliers, distributors, or other middlemen. All of them are part of the chain of distribution of the product. In case of a defective product, they can be potentially liable, and therefore should be named as defendants in the defective product lawsuit.

  4. Product liability litigation against foreign businesses

    When the manufacturer, retailer or other entities in the chain of distribution are foreign corporations, it is still possible to sue them because typically these corporations are subject to the jurisdiction of the court in the state in which they do their business.

  5. Product liability litigation against corporations

    Corporations can be the manufacturer, retailer, and any middlemen who are part of the chain of distribution of the defective product. According to the product liability law, corporations are considered to be equivalent to persons and can be held liable. However, corporations can change their shape, form, and owners frequently by means of mergers or acquisitions through other companies, reorganizations, spin-offs, re-naming, and so on. The successor company may inherit liability for the previous company’s participation in the chain of distribution of a defective product. These successor companies should be named as defendants in the claim.

Contact us to defend your defective product liability case

Have you or loved one suffered severe injuries due to a defective product? An experienced attorney at Dervishi Law Group, P.C., can help assist you in recovering rightful compensation. Call us at 917-300-0797/718-619-4525 to speak with our defective product lawyers now or fill out the “Free Defective Product Case Evaluation” form available on our website.

 

A car accident occurred when the driver lost control of the vehicle and drove into the garage on the side of a Shirley home. However, no one was injured in the crash. Residents of the house at 22 Beacon St. were home at the time of the crash. The accident caused substantial damage to the home, including the electrical box.

 

Slip and fall accident on stairs
 

Can the government entity be held accountable if you slip and fall on a government property? Well, the answer is generally yes, if the government was negligent in its maintenance and upkeep of the property. However, there are two important limitations on the rights of an injured person to sue a federal, state, or local governmental entity.

First, the federal government and mostly all states have strict notices and set deadlines for making a claim against a government entity. Second, there is a limitation placed by the federal government and most states on how much can be recovered from the state or a municipality if the case is won.

When is a Government entity liable for a slip and fall accident?

A government entity is liable for a slip and fall accident on its property if:

  • The government entity or an employee was somehow negligent.
  • Negligence caused the accident.

Just because someone fell on a government property does not necessarily mean that the government authority managing the property can be held legally liable. Also, in order to prove that the governmental entity was negligent, one must prove that the government was aware or should have been reasonably aware of the unsafe condition.

What are the important time and notice deadlines?

There are strict rules set by the federal government and almost all states to file a claim or lawsuit against a government entity. The first rule is a notice requirement.

Before suing the federal government, the state, or a municipality, one must generally file a formal notice of injury with the proper government entity. There may be different notice requirements in the federal government and each state but the notice must typically include the following information:

  • Full name and address.
  • Date of the injury.
  • A brief summary of how the injury occurred.
  • A statement making claim that the governmental authority was negligent.
  • Allegation as to how the government’s negligence caused the injury
  • A description of the injuries, and
  • A description of the medical bills and other financial losses to date.

It is important to note that the deadline for sending this notice could be as short as 30 days, depending on the type of government.

Make sure to send notice to the proper government entity

Send the notice to the appropriate government entity. The claim may be barred if the notice is sent to the wrong government office. Also, make the claim against the proper government entity in the first place.

To ensure that proper notification requirements are met, contact the administrative offices of the relevant municipality. Make phone calls to get the answers in terms of where and when to send notice. You can also contact a personal injury lawyer to help you.

What are the limits on damages in injury claims against the government?

Limits on damages may differ depending on the type of governmental entity. Limits can be as low as under $100,000

How to prove liability for a slip and fall on government property?

Take pictures of the accident scene, clothes, and any bruises. Picture scan play a very important role in a slip and fall case because broken sidewalks or stairs can be fixed, conditions of ice and snow can change within minutes, ice can melt, or it can be cleared away. It will be impossible to win an ice and snow case without pictures as it was at the time of the injury.

Make sure to report the incident immediately to someone in charge at the governmental property and ensure that a report is documented. Try to get the names of witnesses if there were any. Not reporting the accident immediately may result into unsuccessful claim.

Call Dervishi Law Group, P.C. at 917-300-0797/ 718-619-4525

Have you suffered injuries as a result of a slip and fall accident in a government entity? Call the office of Dervishi Law Group, P.C. to see if you have a viable claim.

 

Product liability document
 

The product liability law holds manufacturers, distributors and retailers responsible for any harm caused by their products. If a defective product causes injuries or other damages, the victim may file a product liability claim. Product liability claims fall into three categories: defective manufacturing, defective design and failure to provide adequate instruction or warning.

  • Defective manufacturing:

    This type of product liability claim arises when an injury is caused by a defectively manufactured product. Defective manufacturing can result from an error in making the product or in quality check procedures, causing the product to fall below the manufacturer’s intended design.

    Some examples of defective manufacturing include: contaminated medical products, agricultural products and food, machinery with missing or broken parts, etc. If you can show that a manufacturing defect caused your injury, the manufacturer may held liable.

  • Defective designing:

    Defective design liability occurs when an injury is caused by the flaws in a product design. Defective design product liability claims arise when the design of an entire line of products was inherently dangerous, regardless of the fact that the product that caused the injury was perfectly manufactured. Some examples of defective product design include faulty machinery and tools, electrical products that can electrocute the consumer, etc. The manufacturer may be held liable for an injury that was caused by a defective design.

  • Failure to provide adequate instruction or warning:

    Manufacturers have a duty to provide proper instructions and warning signs on potential dangers of a product. If the manufacturer fails to provide a warning or instruction about the product and someone is injured as a result, they may file for a product liability claim. However, injury victims must be able to establish the following:

    • The danger was not obvious.
    • The product was used as intended.
    • The manufacturer’s instruction or warning was not obvious or clear.
  • Injured by a defective product? Contact the Dervishi Law Group, PC

    If you or a loved one has suffered severe injuries due to a defective product, speak to product liability lawyers at the Dervishi Law Group, PC today. We can assist you in recovering your rightful compensation. Call us at 718-619-4525/917-300-0797. You can also email us at fdervishi@dervishilaw.com.

     

    Work injury claim form
     

    In New York, if you are injured at your workplace, you are covered under worker’s compensation benefits. However, in certain scenarios, you might be entitled to compensation beyond your worker’s compensation benefits. This is in the case when you get injured on the job and it is determined that a third-party was responsible for your injuries.

    Situations which qualify you for an additional compensation apart from worker’s compensation:

    Many times there are situations when workers are injured while on the job, but the accident happened due to the negligence of a third party apart from the employer. Some instances of such cases are as follows:

  • Defective Product Liability: If you were injured because of using a defective product like a machine or equipment in which no warning or notification by the manufacturer was provided, you might be able to claim a Products Liability Action claim against the product manufacturer. In such a case, the manufacturer would need to provide compensation to you for medical bills, lost wages and pain and suffering.
  • Toxic Substances: Workers have to work in direct or indirect exposure of various toxic substances like asbestos, benzene, chromium compounds, silica, radium, etc. These toxic chemicals cause severe injuries and illnesses. There are two kinds of toxic injuries. Acute injuries like chemical burns and poisonings which show immediately and latent injuries like cancer and lung diseases which may take years to appear.

    If you are injured by a toxic substance exposure, you can sue the manufacturer of the substance or talk to an attorney about your legal rights. Especially if a great deal of time has passed between your exposure and your injury or illness, you will need expert assistance to help you sort out the complicated issues involved. Also, consider filing a complaint with the Occupational Safety and Health Administration (OSHA).

  • Employer’s Wrong Intent: You can sue your employer for additional damages apart from worker’s compensation if your employer hurts you purposely or has tried to harm you intentionally or with egregious conduct.
  • No Workers’ Compensation: You can sue your employer in the civil court if your employer does not carry worker’s compensation insurance.
  • Third Party caused injury: If your injury or accident was caused by a third party, like an external contractor or a vendor, you might be able to claim a personal injury lawsuit against that person in addition to the worker’s compensation claim.
  • Do not delay in contacting us:

    Contacting an attorney as soon as possible after the accident will increase your ability to recover the largest reward possible. We are available 24 hours a day, 7 days a week, because accidents don’t wait to happen during business hours. We are in the business of saving lives and livelihoods. Call us today at 917-300-0797/ 718-619-4525 and let our attorneys handle everything, while you or your loved one begins to heal.

     

    A 34-year-old mother of five was killed while riding a motorcycle with her husband after they hit a deer near Day Hollow Road in Owego. Tonya King, of Owego, was the rear passenger on the 1987 Yamaha motorcycle driven by her husband, 35-year-old Justin King, on Route 17C..Justin King, while traveling westbound, was unable to avoid hitting and killing a deer that ran into the roadway. As a result of the collision, Tonya King suffered fatal head trauma and Justin King received multiple minor injuries. Both had been wearing their motorcycle helmets.

    Read more…

     

    RUSHFORD – A Rushford man who crashed into a mailbox and utility pole on Route 23 faces drunken driving charges. State Police charged Michael M. Cadieux, 32, with driving while intoxicated following the one-vehicle crash. Cadieux failed field sobriety tests at the scene and registered a blood-alcohol level of 0.14 percent at the Fillmore barracks.

    Read more…

     

    A serious car accident took place in the city of Tonawanda where a 12-year-old girl riding a power scooter was struck by a vehicle. The collision happened at the intersection of Mitchell Drive and Wadsworth Avenue, just east of Two Mile Creek Road. The girl was heading north on Wadsworth while the driver of the car was heading west on Mitchell. The girl was taken to Women & Children’s Hospital with head and facial injuries. The girl was not wearing a helmet while operating the battery-powered scooter.

    Read more…

     

    If you have been injured in a scaffold accident, you have the right to claim compensation for your damages. Consider hiring an experienced construction accident attorney to make sure that you receive the compensation you deserve for your damages.

     

    There were 3 million nonfatal workplace accidents in 2014. Practice safety rules to avoid accidents. Put safety policies and procedures in place, conduct regular training sessions, put someone in charge of safety, post signs to warn employees of hazards and conduct regular risk assessments. Following these safety measures can save lives.