Serious Personal Injury | Product
Liability | Class Action Suits | Defamation |
Serious Personal Injury Law
Personal injury refers to the area of law that aimed at protecting
individuals who are hurt by the action or inaction of another
person or entity. A personal injury claim can be filed for injury
sustained by an individual either physically or mentally, and
it can sometimes include damage to property. In certain situations
a person may bring a personal injury lawsuit on behalf of a loved
one. Personal injury lawyers seek to win compensation for their
clients.
There are two factors present in every personal injury case:
liability and damages. The first involves indicating that the
person or entity being charged did in fact bear legal responsibility
for the injury. Damages, refers to the extent or amount of injury
or loss that was supposedly experienced on account of the defendant's
actions.
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Product Liabilty
While the laws applicable to defective product cases varies
from state to state, there are three legal theories common to
all jurisdictions which may form the basis of a successful product
liability case:
- Manufacturing defect: In such cases the injury
was caused as a result of defect in the manufacture of the
product. An example would be a bicycle which was built with
a small crack in the frame, which breaks when used, causing
an injury to the rider.
- Design defect: In these cases the injury was caused
by a poor design (even though there may be no defect in the
individual product itself). An common example would be a piece
of industrial machinery which was built without a proper safety
or protection devices, and as a result a worker is injured
as result while using the machine.
Inadequate Warning:
These cases refer to injuries caused as a result of a product
known to be potentially dangerous which was sold without
a proper warning to the consumer. An example would be an over
the counter drug sold without a warning of the hazards of
use with certain other drugs, or excessive consumption, or possible
side effects from its use.
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Class Action Suits
This is a lawsuit filed by one or more people representing the
interests of an entire class of people in litigation "who are
similarly situated." Examples might include: all women who have
suffered from defective contraceptive devices or breast implants,
all those overcharged by a public utility during a particular
period, or all those who were underpaid by an employer in violation
of the Fair Labor Standards Act . If a class
action is successful, a period of time is given for those who
can prove they fit the class to file claims to participate in
the judgment amount. Class actions are difficult and expensive
to file and follow through, but the results can be helpful to
people who could not afford to carry a suit alone. They can force
businesses that have caused broad damage to change their practices
and/or pay for damages. They often result in high fees for the
winning attorneys, although often attorneys do not collect a
fee at the beginning of a class action suit but might charge
a contingent fee (such as one-third of the final judgment), which,
occasionally, can be millions of dollars. Such fees usually require
court approval.
Defamation
Defamation, sometimes called "defamation of character", is
spoken or written words that falsely and negatively reflect on
a living person's reputation. If a person or the news media says
or writes something about you that is understood to lower your
reputation, or that keeps people from associating with you, defamation
has occurred. Slander and libel are two forms of defamation.
