Negligence Can Occur if the Public is Not Properly Warned of a Defective Product
There’s another classification of manufacturer negligence when it comes to product liability. They can be just as careless when they don’t fulfill their legal obligation to warn those who buy their products of the possible risks that can be connected to that product. Failure to inform the public of their defective products also makes them responsible for damages when people are injured through normal use of their goods.
Today we see product manufacturers warning their customers of the possible dangers of using their products with even greater frequency. One example surrounds drug companies’ television commercials with more time spent on disclaimers than the benefits of their magical elixirs. Another is a large amount of fine print at the bottom of advertisements in magazines and newspapers. There’s a reason for that fast-talking announcer, who you can barely understand, that you hear in the last five seconds of a radio commercial incomprehensibly warning you of possible danger or conditions that might release the manufacturer of liability if a product is not used properly. These are all instances of manufacturers meeting their legal responsibility to warn customers of the risks associated with their product, even if the letter of the laws that govern such warnings are met more than the actual spirit to which the intent of the law.
Be that as it may, it’s safe to assume that all of these companies have learned, the hard way, that they must warn their customers of these dangers associated with their products.
Strict Liability Claims: Where Often, the Manufacturer Just Says “DOH!”
Sometimes a manufacturer is responsible when designing and assembling a product. Once it hits the market it becomes apparent that the device was simply a bad idea from the start. This often comes about when news reached the manufacturer that some people end up using it improperly or in a way the manufacturer did not originally intend. Because it’s used in unanticipated ways the manufacturer did not originally anticipate, injuries occur. In the early ’60s, manufacturers of roller skates never envisioned that enterprising youngsters would nail them to pieces of plywood and create skateboards. When children started getting hurt, roller skate manufacturers found themselves being sued. They re-tooled and started making skateboards, along with reams of disclaimers stating that daredevil kids bought and used the devices at their own risk. A new industry was born, and created a legal term, “acceptance of risk disclaimers.” Though part of that story is beside the point, it does underscore the fact that even if a manufacturer issues a recall, it is still legally responsible for their products, even if it might be reasonably modified for use in a way not intended or foreseen. The recall is not a shield from liability for damages suffered by those who are injured when using a defective product. So those who are injured can be awarded damages through a strict liability claim.
One famous example of a product that fell under strict liability guidelines occurred when a company manufactured and sold a game called “Lawn Darts.” The object of this outdoor game was for players to throw large darts that looked harmless enough, but for their sharp-pointed metal ends, across a lawn toward some target on the ground. But it doesn’t take a genius to see that these game pieces could easily become missiles of tragedy if they’re used improperly, or the players aren’t paying attention when one is zeroing in on them, whether by accident or not. Even though the manufacturer quickly issued a recall and then changed the front end of the darts from a sharp pointed edge to a large suction cup, it didn’t relieve them of responsibility for damages from injuries that arose from this “game.”
This is an ideal example of a product that’s designed and manufactured properly but is still a danger to the public because it was ill-conceived, regardless of how it is used. It is also a classic example of how an experienced product liability lawyer would apply a strict liability claim when a product is patently unsafe. There are many stories about people who are injured by innocent-looking and supposedly well-made products that just don’t belong on the market to begin with regardless of whether they are used properly or improperly.
The product liability attorneys of our Law Office understand the nuances of product liability law and the way they are applied to each specific case. We can quickly determine the best choice among several legal options that are open to you if you are considering a product liability lawsuit and have true grounds to bring such a suit. We will thoroughly investigate the matter and help you be fairly compensated for injuries suffered due to dangerous products.
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Class Action Product Liability Suits: We Represent You, Not Someone in Some Far Away State
These days, if you watch any television at all, you can’t avoid seeing some of the many lawyer commercials who are “trolling for clients” who might have been hurt because of some substandard product. If you take time to read some of the fine print at the end of the commercial, you will note that the lawyer you are supposed to call is in Connecticut, Delaware, or some other state far from Texas.
This is likely a commercial in the interest of some class action product liability lawsuit. A class-action suit is just what it sounds like. It involves a “class” of people, in this case, those who have suffered an injury of either the same type, or at the hands of the same manufacturer, and suing that manufacturer as a group. Class action suits have their advantages in some states because a large “class” of plaintiffs often gets to go to the front of the line when it comes to filing their case and being placed higher on the court’s docket. Then, when the class wins (or their lawyers have settled) they get to take a fair piece of a very large monetary compensation package. Some class-action suits have produced eight and even nine-figure injury awards. A class-action suit can be a remedy for you if you can find enough people who have suffered the same injuries or have the same manufacturer in their crosshairs. It’s not easy money. Nor is it one of those situations where you just get on the filing list, hoping to get a nice payday when it’s all over.
The law firm who produced and aired the commercial will often recruit a firm or two in each state where the commercial appears because that lawyer is not licensed in that state. Many times, these “front” attorneys in each individual state do almost no work when it comes to preparing the case, but still, get a nice fee to do little more than “client intake” work. The way we see it, such firms are really getting nothing more than a sales commission, not actual legal fees. All these intake firms do is interview prospective plaintiffs to the class action suit, fill out forms, maybe take a deposition or two and get a “cut” of the legal fees for their minimal contribution to the lawsuit.
We’ve been approached by out-of-state class action firms many times. But we decline all offers unless we do real legal work done on behalf of the clients we take on the case’s behalf. We do this for a very simple reason. We represent clients. We don’t bird-dog for other law firms. There are synergistic elements to class action lawsuits that can make them very satisfying to the law firms that are truly involved and not just pushing papers (and clients) up someone else’s line. We also believe this kind of “faux legal representation” is not always ethical. Sometimes the out-of-state attorney-of-record might have the sort of reputation we are uncomfortable with. We are all judged by the company we keep.
We have enough experience by ourselves to handle class action product liability suits. But we prefer to be the primary counsel of record. Who knows? With the help of a product defect attorney with our Law Office, your product liability case might be the first wave of what could become a class-action suit. We want you to know you will never be someone else’s number to us. So if you see a commercial that leads you to an out-of-state lawyer remember what you might be getting into and call someone local. It’s always your best bet.
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Without an Experienced Defective Product Attorney, You are at the Mercy of Powerful Opposing Forces
It should come as little surprise that those who pursue a product liability claim without competent legal counsel or worse, without any attorney at all, have very poor prospects of successfully winning damages from defective product manufacturers. They end up getting stuck. This is because you will find yourself opposed by the defendant manufacturer who’s worried about the impact of your lawsuit on his already razor-thin profit margins. The manufacturer will be represented by a courtroom full of excellent attorneys. Behind the scenes is the manufacturer’s insurance company who is helping them because the insurance carrier is the one that will likely be writing the check. And all work synergistically to deny your claim of damages.
The opposing attorneys use every trick in the book – legal or otherwise – to convince a jury that your lawsuit has no merit. If they fail to do that, they’ll then claim that the damages you seek are excessive and unreasonable. They also do everything they can to delay your day in court with a flood of motions and other legal arguments, while at the same time offering you so paltry a settlement amount that it couldn’t possibly pay all your damages, pain, and suffering the defective product has caused you or someone in your family and maybe even a small child.
Sometimes these manufacturers, lawyers, and insurance companies KNOW a product is unsafe. That still doesn’t stop them from trying to frustrate you at every turn. If you fight them alone, or with an attorney who is not well-versed in product liability law, you do it at your and your family’s peril.
If you’re thinking about taking up the offer of a relative or friend who is a lawyer to represent you, you might want to seriously reconsider that plan. For even though he or she might be looking out for your best interests to fight hard for your rights in a defective product case, unless this person is experienced at beating product manufacturers and their insurance companies, your attorney’s good intentions might result in your side taking a knife to a gunfight.
Often, your poorly-selected lawyer might have a difficult time emotionally detaching him or herself from issues surrounding your case because of that personal association. Personal injury law is quite intense and extremely contentious. Your attorney must be pragmatic, focus solely on the facts of a case, and be very cool under in order to succeed for you. What happens if that friend or relative attorney doesn’t win the case, or accepts a less-than-fair settlement because he knows how badly you need the money now? How will you feel about your friend or relative then? You will be very wise to keep your family members and friends out of your legal business when deciding who will represent your defective product liability lawsuit most effectively.
Isn’t your best strategy one that involves retaining a competent product liability lawyer with our Law Office who has experience in matters surrounding defective product lawsuits?
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The Product Liability Lawyers of our Law Office are Here to Help You
Our product defect attorneys have been handling these cases for more than 20 years. We know all the ways in which manufacturers and their attorneys try to prevent you from collecting the damages you deserve once we understand that your injury justifies bringing such a liability claim
We thoroughly investigate every case in order to make it as strong as possible. We are dedicated to helping you recover, physically and financially, by getting the largest, and fairest, damage award possible. Our product liability lawyers have a long and successful track record of representing our clients in court, as well as negotiating fair damage settlements without the need to litigate. Because most of these opposing lawyers know us, our ability to develop strong cases, and our reputation for aggressively representing our clients in court, many of them would rather settle than take us on in a courtroom.
If you suspect you have been injured by a defective product, contact a product defect attorney at our Law Office toll-free. Ask any and every question you can think of so you’ll completely understand defective product injury law and how your case might best be pursued. We help provide you with all of the legal leverage you need to force manufacturers of dangerous products to be responsible for their actions and compensate you fairly for your injuries caused by their products.
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Complications Involved with Defective Tires and Rollover Accident Cases
Rollover accidents that occur due to defective tires usually begin as product liability litigation. To be successful in this kind of a case, you (known as the plaintiff in legal terms) and your attorney must satisfy the burden of proof in compelling a judge or jury to believe that either one entity or a combination of several entities committed negligence and caused the accident. These potentially responsible parties can include the automobile manufacturer, the company that manufactured the tire, and anyone who performed maintenance on your car’s tires. This can be the mechanic at the small shop around the corner or the technician at the big automotive chain store. More than likely there will be a significant number of defendants in your case, which will make it extremely complicated. That’s one of the many, many reasons why it is critically important for you to have an experienced defective tire lawyer working on your behalf to protect your rights and help you obtain the just compensation you deserve for the injury you’ve experienced and the losses you have incurred as a result.
Rollover accidents can cause debilitating and disabling injuries some people have to deal with for the rest of their lives. These kinds of accidents can also be fatal. The stakes in these kinds of cases are high, as well as the emotions, considering the multiple numbers of defendants and all the intricacies and complexities surrounding the case. As a result, the process can start out as professional and cordial, and then quickly devolve into contentious and stressful litigation.
The defective tire lawyers with our Law Office, when hired, will immediately begin a painstakingly detailed investigation of your accident. Physical evidence at the scene of an accident can be quickly altered, so it is vital that you hire a lawyer as fast as you possibly can in order to preserve the evidence necessary for you to win your case.
Part of this investigation is comprised of detailed research into the history of both your tires and your automobile. Experts who know tires and the nature of rollover accidents must be consulted. Anyone who worked on your tire has to be identified and interviewed. There are several forms that have to be completely and accurately filled out. Motions have to be filed and argued. This all has to take place just to eliminate the parties that did not play any role in the accident so that justice can be pursued against those that did play a role.
As hard as your legal team will be working to get you the restitution you have coming, you can bet the opposition will be working just as feverishly to deny your claim. There will likely be several defendants in your case and they will all view you as the enemy. Because of this, they will combine forces in an effort to defeat you. They will compare the vast array of notes they have taken and seek out any potential weak spots in your case. They will do whatever is necessary to assemble the most formidable defense they can. This is where the experience of our Law Firm can help you the most. We have tried many cases involving rollover accidents caused by defective tires, and we are extremely familiar with all of the intricacies and complexities involved. We can also handle all of the tricks and tactics the opposition will employ in an effort to destroy your case.
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Damages in a Defective Tire Rollover Accident
It’s important to note that the term “damages,” from a legal perspective, doesn’t mean actual damage to a person (like a broken arm) or to damage (like a broken windshield). Rather, it refers to the monetary value assigned to whatever losses you may have incurred. From a legal standpoint, there are two types of damages recognized by law in the State of Texas when it comes to cases involving personal injuries. They are general damages and special damages. General damages do not come with a set financial value. They are variable and, to some degree, somewhat a matter of opinion. There are myriad examples of general damages, but a few of the more familiar ones are pain and suffering, mental anguish, physical impairment, injury to the plaintiff’s reputation, and disfigurement.
Here is one example of the subjective nature of general damages. Think about a rollover accident where two victims are involved and the vehicle they are in explodes as a result of the accident. Both victims experience significant burns, but one of the victims is knocked out during the wreck. The unconscious victim was burned just as badly, but he did not suffer the incredible amount of pain experienced by the other victim. Both victims suffered the same extensive injuries, both incur about the same amount of medical expense to treat those injuries, and both will have to undergo the same kind of physical rehabilitation. However, they experienced a different level of pain and suffering as a result of the explosion. Obviously, the victim who was not knocked out went through a lot more agonizing pain than did the one who was knocked unconscious. As a result, there will probably be a significant difference in the amount of monetary damages to which each victim will be entitled.
General damages are also subjective because everyone goes through experiences in a different manner and is affected in different fashions by different occurrences. To illustrate this, consider the case of a 19-year-old model who has just started her career. She suffers major cuts to her face because of a rollover accident. The scars that will eventually result from those cuts will be with her for the rest of her life. In her case, she would be much more affected by being disfigured than would a 50-year-old janitor. Many people don’t care about how other people think about the way they look. On the other hand, many other people care a great deal about how people judge their appearance. There are other instances where a person’s reputation could be injured, and a lot of people find damage to their reputation just as traumatic as a disfiguring injury.
Special damages, on the other hand, are also called economic damages and are much more tangible. They have a specific monetary value attached to them. Examples of the many variations of special damages include past, present, and future medical expenses, lost wages, the loss of present and future earning capacity, property damage, and court costs.
Here’s a scenario of special damages. A 40-year-old carpenter is a plaintiff in this case, and let’s say he makes $60,000 a year. However, he had to have an arm amputated as a result of injuries he sustained in a rollover accident that was caused by a defective tire blowout. The job of a carpenter obviously requires an immense amount of work that can only be performed with two healthy arms, and this man can’t perform his job any longer. He spent years developing his craft, and he can’t do it anymore. He probably would have stayed in the profession another 25 years, give or take, so he will lose a huge chunk of potential earning capacity. By law in Texas, he has the right to try and collect $1.5 million in damages due to the loss of his potential future earning capacity. This amount will be added to any other specific or general damages involved with his case.
There is a huge difference, however, between being entitled to pursue damages and proving in a court of law that you deserve them. Convincing a significant number of defendants to give you a fair settlement so that all parties involved can avoid a trial is an entirely different matter. You have no guarantee that you will be successful in your case, and that is especially true if you don’t have the experienced defective tire lawyers of our Law Offices working to get you the compensation you deserve.
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Legal Avenues in Fatal Rollover Accidents
It takes a significant amount of experience and sophistication in order to properly determine and calculate the amount of damages a plaintiff is entitled to seek in a personal injury or wrongful death lawsuit. Experienced attorneys know how to properly appraise a case and maximize the amount of compensation an immediate family member or surviving spouse can attempt to obtain by pursuing wrongful death litigation.
There are basically two reasons for wrongful death lawsuits. The first is an attempt to garner just compensation for the loved ones of the deceased accident victim, and the second is to attempt to prevent a similar accident from occurring in the future by compelling those parties whose negligence led to the accident to change their policies and procedures. Civil law in Texas states that a defendant can, through a civil lawsuit, be held financially responsible for a death, even if the defendant is not found to be legally responsible for the death. If a party is facing criminal charges associated with death, a civil lawsuit can also be filed against that party.
Sometimes, while conducting an investigation regarding civil litigation in wrongful death, our lawyers uncover evidence that suggests the death was not due to an accident, but rather due to the intentional, malicious actions of another. When this is the case, we can file criminal litigation against that party. The majority of the time any monetary damages we obtain for our clients are to attempt to ensure the negligent actions of these parties never again occur.
The surviving family members of a loved one who died as the result of a rollover accident caused by a defective tire can seek the same kinds of damages that can be pursued by those who survive an accident. These damages can be in addition to the harm that may have been experienced by family members who survived the same accident. The amount of these damages are applied directly to the monetary value given to the harm that led to the death of the loved one, pain and suffering experienced by the family, and the value of the deceased’s lost income. Family members of a lost loved one can usually pursue both wrongful death and survival damages in wrongful death litigation.
The State of Texas allows, in this order, spouses, children, parents, and, in certain cases, dependent siblings to seek to obtain wrongful death damages in most vehicle accident cases. Such damages may include medical expenses incurred by the family member prior to his or her death, funeral expenses, the loss of consortium and unique familial love, mental and emotional suffering, and potential future financial support the lost loved one would have provided to his or her her her family. The closest living relative is the only one entitled to pursue the same type of damages the lost loved one would have been entitled to pursue had he or she survived the accident. The first family member who can seek survival damages is the spouse. If there is no spouse (usually, ex-husbands or ex-wives are not allowed to pursue survival damages), then the children have the right to file. If no living children exist, the right then shifts to the victim’s parents, and then, in rare instances, the brothers or sisters of the victim.
Medical bills and lost wages the victim would have incurred had he or she survived the accident are two examples of survival damages. Others include emotional or mental trauma the victim would have experienced had he or she survived, physical pain and suffering and lost future earnings due to any possible long-term injuries.
The only manner in which those whose negligent actions resulted in the death of your loved one can be held accountable for those actions is through wrongful death litigation. This kind of litigation, however, is normally extremely intricate and complex, due to the fact that the laws that govern these kinds of cases normally overlap. This is yet another reason you should think strongly about seeking the help of an experienced defective tire lawyer to assist you in getting the just restitution both you and your family have coming.
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A Financial Recovery from a Rollover Accident Shouldn’t Take as Long as a Physical Recovery
We have strived in this article to stress that litigation involving rollover accidents that occur as a result of defective tires can be extremely complex and, the vast majority of the time, only an experienced and skilled attorney can hope to win. If a rollover accident has resulted in an injury to you, you can’t hope to take the hundreds of hours it will take to launch and conduct a detailed investigation of the accident, to negotiate a fair settlement with multiple defendants, and win a case if you can’t reach that fair settlement. There’s just no way you can do it. You shouldn’t even consider trying to take this on.
The attorneys with our Law Office stand ready to help you pursue a fair amount of compensation in order to help you fully recover from a rollover accident. By removing the burden of pursuing litigation from your shoulders, we:
Help you to concentrate solely on healing both physically and emotionally from the trauma associated with your accident by assuming the often overwhelming aspects of legal action.
Shield you from the overly aggressive tactics insurance companies, and their legal representatives often employ in order to reduce or eliminate the money they might have to payout.
Conduct a painstakingly detailed investigation of the accident and gather evidence (both photographic and video if available), identity, locate and interview witnesses, sequester the vehicles involved and thoroughly inspect them, read police reports, and gather forensic evidence and catalog it so that it will be admissible in court.
Help you find affordable medical attention if you either have no medical insurance or are underinsured.
Attempt to negotiate a fair out-of-court settlement on your behalf, but at the same time prepare your case as if it will go to trial, whether it does or does not make it that far – the stronger your case, the larger any potential out-of-court settlement will be.
Our lawyers have an extensive amount of experience in rollover accident litigation, having won thousands of personal injury cases over the last two decades. We are determined to get each and every one of our clients the just compensation they deserve for the suffering they have needlessly incurred because of the negligence of other responsible parties.
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You can act as your own lawyer in rollover accident personal injury lawsuits, but it is never, ever advisable to attempt it. It is not sufficient to just have legal acuity to be successful in an automobile accident lawsuit. It definitely takes a vast amount more than an Internet search in order to win a case.
All attorneys have a large amount of classroom education. However, it takes years of experience in a courtroom in order for an attorney to learn how to litigate. Lawyers must be intimately familiar with each and every detail involved with deposing witnesses, investigating accidents, and following court procedures to the letter.
If a plaintiff attempts to navigate this incredibly complex legal maze without legal help, you can pretty much guarantee that plaintiff will commit some sort of procedural error that will lead to a judge throwing out the case immediately with no chance of ever reviving it. Those who represent insurance providers in rollover accident cases are jubilant when they encounter a plaintiff without legal help because they are convinced they will defeat such a plaintiff with little trouble.
Further highlighting the necessity of legal representation is the fact that an attorney with a proven track record of winning personal injury lawsuits will have a huge impact on your ability to get fair compensation without the need for a trial. The main goal of an insurance company is to protect its profits, and we can use that to your benefit. Attorneys with our Law Office have won thousands of personal injury lawsuits, defeating every major insurance provider in the United States and obtaining millions and millions of dollars in compensation for our clients. We can do the same for you. When an insurance company knows we’re in your corner, they’ll reconsider the wisdom of taking us on in court. As a result, they will significantly increase their settlement offer. We do all of this on your behalf, as you recover from the emotional and physical trauma you’ve suffered as a result of your accident.
You simply have to have a defective tire lawyer working on your behalf to protect your rights – a lawyer with a reputation for winning these kinds of cases, and one who knows all the intricacies and complexities involved, and how they all work together.
By employing the help of an experienced attorney, and both you and your attorney have determined that your injury entitles you to take legal action, you must know that those on the other side – the negligent parties, their insurance providers, and their team of legal representatives will already be hard at work trying to deny your claim and to keep you from obtaining the fair restitution you have coming to you. Whatever they can do to avoid any responsibility for the rollover accident that resulted in your injury or the death of your loved one, they will do. The multiple defendants in your case will work in concert to make sure you do not win your case. There are many potential avenues of obtaining compensation that you can take. Getting the help of a skilled and experienced lawyer is the biggest step you can make toward ensuring that all of the negligent parties responsible for the accident are identified and held totally accountable for your injury or loss of your loved one.
How We Can Assist You in the Event of a Rollover Accident
The defective tire lawyers with our Law Offices have been helping victims of rollover accidents, as well as their families, for 20 years. If you or a loved one have experienced suffering as a result of a rollover accident caused by a defective tire or tires, please call us just as soon as you possibly can (toll-free) for a confidential and free consultation. If you have experienced the tragic loss of a family member as a result of a wrongful death stemming from this kind of accident, please give us a call so we can inform you of how we can help you in a wrongful death lawsuit. We will gladly answer any questions you may have regarding the specific details of your case, and tell you how we can help bring you some peace of mind and assist you in moving forward with your life.
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Defective Cribs
Has Your Child Been Injured Due to a Defective or Faulty Crib?
We all believe that our children are the most important things in our lives. Consequently, we all would like to believe that any products marketed for use by our children would be made with that same overriding concern for their safety.
The reality, however, is quite different. Defective cribs, for example, come on the market more often than we would like to imagine and have the capacity to seriously harm or even fatally injure our children.
Contact the empathetic attorneys at our Law Office if your child has been injured or killed as a result of a defective crib. You well may be eligible to file a product liability lawsuit. After all, you deserve compensation for the damages done to you and your family. Plus, you deserve to see justice done to those negligent parties who were responsible!
Product Liability Lawsuits
Depending on the details of the situation, product liability cases may take on many different forms. A manufacturer may be held accountable in the case of a defective baby crib that consequently causes injuries or fatalities. In this case, you may file a lawsuit requesting a fair settlement because of the manufacturer’s negligence.
You may still be able to hold the manufacturer responsible even if the crib was designed properly and a child was injured in that crib. Manufacturers are responsible for their products and any injuries sustained from them under the statutes of strict liability. The manufacturer in this case would bear responsibility for the product as the producer although not because of any unintentional negligence.
The Stockcraft Baby Crib Incident
A report released from the United States Consumer Product Safety Commission stated that more than 2 million Storkcraft baby cribs were unsafe and had to be recalled. The culprit, in this case, was the hardware that held the crib together. It proved to be defective, thus allowing the crib sides to come off. Over the 16 years that these cribs were jeopardizing children’s lives, there were at least over 100 reported injuries throughout America.
This is not an isolated incident. The Stockcraft baby crib recall is but one example of the dangers that exist because of a defective product that can injure our children.
Our Law Office Can Help
You will need an experienced attorney on your team if you are going up against a large national or multinational manufacturer. Our attorneys are ready to take on the army of lawyers that these huge manufacturers will field in order to avoid paying out a settlement. We can not only help you seek full and fair compensation for your pain and suffering but also for medical bills and other damages that you suffered as a result of your child’s injuries. We will fight for the justice that you and your child deserve!
If your child has been injured because of a defective crib or if you have lost a child because of a crib defect accident, please contact the attorneys at our Law Office today. We may be reached toll-free. We are pleased to offer a free consultation and we are available 24 hours a day. Our attorneys look forward to discussing your specific case with you and to answering all of your questions.
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Mesothelioma Attorney
A Word from the Product Defect Attorneys of our Law Office on Mesothelioma & Asbestosis Due to Asbestos Inhalation
If you have recently received a diagnosis of mesothelioma or asbestosis from your doctor, you are likely to have several questions about your condition related to the causes of mesothelioma and asbestosis. Should you attempt to procure economic reimbursement through an insurance policy or seek the counsel of a trained attorney? What causes these conditions to occur?
The experienced attorneys of our Law Office are here to give details on what mesothelioma & asbestosis are, what your legal rights entail, and how we can help you seek fair restitution.
What are Mesothelioma & Asbestosis?
Mesothelioma is a type of cancer that can develop from asbestosis. It takes its name from the mesothelium, which is a membrane that lines vital organs. It is this membrane that mesothelioma assaults when it is malignant. The following are three different types of mesothelioma:
Pleural mesothelioma – the most common form of this cancer, accounting for 70% of mesothelioma diagnoses. Pleural mesothelioma targets the pleura or lung tissue lining.
Peritoneal mesothelioma – targets the peritoneum or abdomen tissue lining
Pericardial mesothelioma – targets the pericardium or heart tissue lining
Asbestosis is a condition that targets lung tissue, causing it to become inflamed. It occurs as a result of inhaling asbestos fibers over time. It usually shows up after many years. The condition of asbestosis can also lead to mesothelioma.
How do Mesothelioma & Asbestosis Develop?
Inhalation of asbestos fibers over a long period of time is usually how mesothelioma & asbestosis are contracted. What is asbestos, anyway? Asbestos most often refers to one of six natural silicate minerals that have a long history of use as insulation due to their heat resistance and sound absorption. The use of industrial asbestos today has been strictly regulated or even prohibited in numerous countries because of the perils associated with the effects of its inhalation in humans over sustained periods of time. These perils include an increased risk of contracting mesothelioma & asbestosis.
There has been much debate over the hazards to human health posed by exposure to asbestos and subsequent inhalation of asbestos fibers. More recently, scientific research has pointed towards a causal link between asbestos inhalation and mesothelioma & asbestosis. Since asbestos has been used for so long, why did it take so much time to establish the connection? The primary reason is that it usually takes a lot of time, several years or even decades, for the symptoms of these diseases to show up in people following exposure. Unfortunately, despite the growing concerns over the health hazards inherent in asbestos, numerous companies continued to make use of it in their industrial products. This use carries with it the potential to cause thousands of cases of mesothelioma & asbestosis. With approximately 10,000 deaths occurring annually from inhalation of asbestos fibers, asbestos lawsuits constitute the principal mass tort in the United States to date.
Let the Mesothelioma & Asbestosis Lawyers of our Law Office Assist You
There are many intricacies inherent in a case involving long-term asbestos exposure or inhalation of asbestos fibers after a number of years. Regulations must be researched and asbestos companies must be investigated. The job is frequently too difficult a task for the inexperienced lawyer. Fortunately, the case law for asbestos lawsuits has been well-established. Nearly a million lawsuits have been filed.
Mesothelioma lawsuit
Having an experienced mesothelioma & asbestosis attorney on your side is invaluable in attaining the financial reimbursement that you deserve. Our Law Office has 20 years of experience in dealing with these types of cases. During this time, the amount of mesothelioma cases we have won is numbered in the hundreds. The companies primarily responsible in these cases are well aware of us, and will frequently settle out of court to avoid the legal battle that will otherwise ensue. For this reason, we are regularly able to secure economic compensation for our clients without the hassles intrinsic to dealing with a court case.
If you or a family member is currently suffering from mesothelioma due to the long-term inhalation of asbestos, call our Law Office toll-free to begin your free consultation. Let the mesothelioma & asbestosis lawyers of our Law Office help you secure the appropriate financial restitution that you are entitled to.
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Defective Fireworks
Have You or a Family Member Been Injured due to Defective or Faulty Fireworks or Firecrackers?
Although fireworks can be fun on festive occasions, they also may be very dangerous. Each year over 15 people are killed in fireworks fatalities and another 50 are injured when these explosions go awry.
In addition to these physical injuries, there is an estimated $15 million per year in property damages that occur as well. Fireworks injuries can occur from both the defects that may be inherent in the explosives or from the fires that they may start. An injury from fireworks can result even from properly designed and correctly detonated consumer-use fireworks.
People injured in fireworks accidents have a wide variety of options if they are injured. Accordingly, it is best to have the assistance of an experienced personal injury attorney to help decide what the best next step might be. The attorneys at our Law Office have put together this brief article to help you explore your options and to give you basic information about fireworks litigation.
If a firework was improperly designed or manufactured then you may well be able to bring a lawsuit against the actual fireworks manufacturer. You may be able to initiate a strict liability claim in which even negligence is not a factor. In other cases, a fireworks seller will break the law by selling illegal fireworks or will sell fireworks to minors who in turn will use them improperly. If someone is injured in these scenarios then it is possible to file a personal injury lawsuit against the person responsible for your injuries.
There are, as you can see from reading this article, many different types of cases and conditions involving defective fireworks and general fireworks injuries. It is understandable that these may seem fairly confusing.
The attorneys at our Law Office have had over 20 years of experience successfully litigating personal injury cases, including accidents resulting from fireworks. During this period of time, we have won millions of dollars for our Texas clients, from manufacturers and insurance companies nationwide.
If you or a family member has been injured in a fireworks accident, contact our Law Office today (toll-free). We are available 24 hours a day and are pleased to offer a free consultation. We are standing by ready to discuss your case with you and to answer all of your specific questions.
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Food Poisoning Injuries
Salmonella, E. Coli & Other Food Poisoning Information from a Product Defect Law Firm
In the hyper-vigilant environment, our country has found itself in since shortly after the attacks of September 11, 2001, contamination of food and drink products has been a very hot media topic. Those attacks put a spotlight on stories concerning packages that were shipped via U.S. mail that contained anthrax, packages that contaminated several news outlets and law enforcement offices.
As a reaction to these packages, the U.S. Food and Drug Administration, or FDA, enacted regulations that were designed to keep the food supply of our country from the potential of deadly contamination by terrorist entities. The program was well-intentioned and is a very positive step toward ensuring the safety of our food, but it does not address the more commonplace instances where our own food suppliers accidentally contaminate food.
There have been several news reports recently regarding E. Coli outbreaks in produce, as well as salmonella outbreaks in peanut butter. Annually, there are hundreds of food products that are recalled because of the negligence or carelessness of producers and growers right here in the United States. Companies are required by federal law to take steps to ensure that the design and manufacture of food products that are sold in the U.S. is safe for public use. When consumers are injured by-products that are contaminated or unsafe, they have the right to take legal action against those suppliers in order to gain fair compensation for the injuries they suffer.
However, litigating these cases is best left to seasoned and skilled attorneys, because the companies responsible for producing tainted food or drink problems that lead to food poisoning usually have a cadre of lawyers of their own. Those lawyers know every trick there is to know regarding how to defeat your case or simply dismiss it outright or, at the very least, keep whatever settlement you receive at a bare minimum. There are also several entities that play a role in the production of a food item, such as a cut of raw meat, a piece of fruit, or a baked good, for example, from a raw state to a finished product ready for public consumption. This often makes it very difficult to ascertain the chain of responsibility, a task that is nearly impossible for either a legal layperson or an inexperienced lawyer.
Radiofrequency identification, or RFID, technological advances have allowed the producers of food that have implemented them to track each and every piece of produce from the time of harvest to the time it is delivered to the store. This makes it significantly easier to contain contamination outbreaks and reduce the instances of food poisoning, but in no way does that mean these measures are foolproof. As disturbing as it may be to think about, food contamination can occur when workers simply fail to wash their hands after harvesting produce, or a worker in a bakery neglecting to put a carrot cake with cream cheese icing back in the refrigerator. Most E. Coli outbreaks – and this is harsh but true – occur mainly as the result of animal feces coming in contact with meat or other consumable products. You would probably think it would be a pretty easy process to make sure that animal waste does not come in contact with food, so if a supplier fails to do so that is typically a strong sign of negligence.
In a liability case concerning food poisoning, there can be multiple potential defendants. The food contamination lawyers with our Law Office are very familiar with thoroughly investigating the issues involved with food poisoning, and can help you clearly understand the parties against which you may be able to take legal action. Our Law Office has helped victims of food poisoning for two decades and would like to help you obtain the fair restitution you have coming to you for the suffering you’ve had to endure.
Food Recall Lawyer
The track record of our Law Office and our reputation for successfully litigating food poisoning cases in the courtroom can help bring you the leverage you need to make sure food producers are held accountable for the suffering you’ve experienced and to also make sure you get just compensation. We completely investigate each and every case we handle in an effort to make sure your case is as strong as it can possibly be. We are passionate and dedicated to helping you recover both financially and physically by getting the fair restitution you deserve.
If you have suffered due to ingesting a contaminated food item that led to food poisoning, please call the attorneys with our Law Office (toll-free) as soon as possible for a free and confidential consultation.
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