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Evans, GA Product Defect attorney

admin — Fri, 07 May 2010 10:02:00 +0000

Evans, GA Product Defect attorney

Product manufacturers also have an obligation to exercise reasonable care in manufacturing their products. Such claim can occur when the product was designed properly, however the particular product that resulted in the plaintiff’s injury did not conform to product specifications. Examples of negligent manufacturing claims are:
• poor assembly of products;
• use of component parts that did not conform to design specifications;
• failure to inspect component parts supplied by third parties for defects; and
• failure to inspect finished products and correct any products not conforming to product specifications.

In case of corporate and business defendants, it is generally required to conduct searches of state corporate information, and at times, even county information, to establish the identity of the appropriate defendant. Sometimes a business will be operating under a Doing Business As or fictitious name. Many times the business will be based in a different county or state. It is important to understand that you are suing the correct defendant, and to find how to properly effect service. Depending upon state law, it is possible to file a claim against an unknown, or “John Doe”, defendant even after the statute of limitations would otherwise expire, if appropriate steps are taken in advance. If this is similar to your situation, consult an experienced Evans, GA manufacturing defect attorney about any possible options.

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Evans, GA strict liability defense attorney

admin — Thu, 06 May 2010 09:59:00 +0000

Evans, GA strict liability defense attorney

As with negligence claims, the defendant may defeat a strict liability lawsuit by rebutting the evidence that the plaintiff submits in support of the claim. An experienced Evans, GA strict liability defense attorney can make any of the following arguments:
• the product was misused: but, the product misuse must not have been foreseeable. The plaintiff will urge that the manufacturer must have anticipated and prevented such misuse by its product design or in its warnings;
• the product was altered: but, modification might not protect the defendant from liability when the alteration was reasonably anticipated and the defendant did not give sufficient warnings concerning the modification;
• comparative fault: some states provide that, like in negligence lawsuits, the plaintiff’s strict liability recovery is reduced by the extent of the plaintiff’s own fault in causing the injury;
• state of the art: a defendant may prove that its product was ‘state of the art’ at the time of manufacture to defeat the plaintiff’s claim that the product was defectively designed at the time it left the seller’s control;
• industry custom, industry standards, and government standards: the seller can also be permitted to submit evidence that its product complied with industry standards or custom in the industry to beat the plaintiff’s claim that the product was defectively designed.

Evans, GA negligence attorney

admin — Wed, 05 May 2010 09:58:00 +0000

Evans, GA negligence attorney

A defendant ordinarily defends against a negligence case by introducing evidence that negates the plaintiff’s proof on one or more of the four negligence elements. Therfore, the seller attempts to show any of the following facts:
• it does not owe the consumer any duty of reasonable care: for example, the seller might prove that the plaintiff’s injury was not reasonably foreseeable;
• it did not breach a duty: the defendant might attempt to prove that the actions it took concerning the design, manufacture or marketing of the product were reasonable under the circumstances;
• the user did not sustain a legally-recognized injury: the defendant might prove that the plaintiff was not actually injured (i.e a false claim); or that the user did not sustain the type of injury for which the law allows a recovery
• the user’s injury was not because of the seller’s negligence: the seller might show that something other than the product caused the user’s injury – a misuse of the product that was not foreseeable by the seller, or some other factual cause altogether.

An experienced Evans, GA negligence attorney will make sure that your negligence claim will succeed despite the various defenses raised by the seller.

Evans, GA defective product attorney

admin — Tue, 04 May 2010 09:57:00 +0000

Evans, GA defective product attorney

What is a ‘defective’ and ‘unreasonably dangerous’ product? Courts addressing this question may usually consider:
• the usefulness and desirability of a product;
• the availability of other and safer products to meet the same requirement;
• the chances of injury and its probable seriousness;
• the obviousness of the danger;
• whether the injury can be prevented by taking care in the use of the product (including the effect of warnings and instructions); and
• the option to prevent the danger without seriously affecting the usefulness of the product or causing it to be unreasonably expensive.

If you have defective product claim, consult an experienced Evans, GA defective product attorney. Courts recognize that certain products, like pharmaceuticals, cannot be made completely safe but nevertheless are very useful to mankind. In such cases, the seller will be relieved of strict liability when the seller prepared and sold the product properly and adequately warned user about the dangers associated with the product.

If the product could reasonably have been designed with a higher degree of safety, a correct warning will not necessarily change the unreasonably dangerous product into a safe, non-defective one. An appropriate warning however, may change few dangerous products, that are defective in the absence of a warning, into reasonably safe ones. To be effective, the warning should be thorough and conspicuous and it must warn the user of the extent of the risk involved in not following the product’s warning instructions.

Evans, GA strict liability attorney

admin — Mon, 03 May 2010 09:56:00 +0000

Evans, GA strict liability attorney

The concept of strict liability in tort is comparatively new to American common law. During the early sixties US judges began holding that, as sellers are in the best position to discern the risks associated with their products, those sellers should suffer the costs of injuries caused by a defect in their products. As a result, courts in most states today allow recovery for injury from a defective product under the theory of strict liability, without demonstrating fault or negligence on the seller’s part. Contact an experienced Evans, GA strict liability attorney to know if you have a claim under strict liability theory. Anyone who sells the product in a defective condition unreasonably dangerous to the consumer is responsible for physical harm thereby caused to the ultimate user, or to his property, if the seller is engaged in the business of selling the product; and the product is expected to and does reach the consumer without significant change. This will apply even if the seller has exercised all possible care in the preparation and sale of his product; and the user has not purchased the product from or entered into any contractual relation with the seller.

Columbia County, Georgia motor accident attorney

admin — Sun, 02 May 2010 09:55:00 +0000

Columbia County, Georgia motor accident attorney

Motor accidents, the area in which maximum injury actions are filed, is a perfect example of how the tort system works in Columbia County, Georgia. There will be a negligence claim in a “fault” state if you are injured by a driver who failed to exercise reasonable care, as drivers have a duty to exercise reasonable care every time they are on the road.
A driver has the duty to use reasonable care to avoid injuring others on the road. If the driver fails to use reasonable care and as a result injures you, then the driver is liable to you for the injuries. The old rule was that if you could prove the other driver contributed in any way to the accident, he or she could be totally barred from getting anything from you. However these days most states have set aside such stiff results and instead look at the comparative fault of the drivers. If a jury determines that you were negligent and your negligence, proportionally, contributed 25 percent to cause the injury and that the other party was 75 percent at fault, the other party will only be liable for 75 percent of your damages. In a few states, a plaintiff may recover compensation although if the plaintiff is more negligent than the defendant. With an experienced Columbia County, Georgia motor accident attorney on your side, you will receive the compensation you deserve.

Columbia County, Georgia Property Owner Negligence attorney

admin — Sat, 01 May 2010 09:53:00 +0000

Columbia County, Georgia Property Owner Negligence attorney

Property Owners, especially those inviting the public onto their property, have a duty under the law to use reasonable care to remove or repair slippery surfaces. Landlords generally have a duty to repair common areas in apartment complexes. Keep in mind that merely because the property owner has an obligation to treat the slippery surface, you as a resident should not ignore your own obligation to use caution. An experienced Columbia County, Georgia property owner negligence can study your case and inform you know if you have a case against the landlord. The landlord’s efforts should only be reasonable under the circumstances and not necessarily perfect. Typically, people have a duty to reasonably protect others from harm. A person will be liable when he or she was negligent in causing the accident. Persons who act negligently intend to result in an injury to someone else. Rather, their liability arises from careless or thoughtless act or a failure to act in circumstances a reasonable person would have acted. Conduct becomes “negligent” when it falls below a legally recognized standard of taking reasonable care under the circumstances to prevent harm to others.

Columbia County, Georgia Workplace Injury attorney

admin — Fri, 30 Apr 2010 09:51:00 +0000

Columbia County, Georgia Workplace Injury attorney

Workplace injuries can range from simple slip-and-fall incidents to something as serious as a construction accident. If you are injured while on the job, an Columbia County, Georgia workplace injury can assist you in your workers’ compensation claim and ensure that you get the compensation you are entitled to. According to the law any business involving risks of injury is liable for any such injuries if they do happen. It is always the employer’s obligation to see to it that working conditions are safe and that employees are well protected from harm. At certain workplaces workers have to handle heavy equipment or dangerous chemicals. Hence the risk that the employee carries on his back should certainly be insured. There are certain companies that have insurance cover for workers who might get injured. While a lawyer might not assure to get you a fixed amount, a seasoned Columbia County, Georgia workplace injury attorney can provide a good estimate of what your injury is worth. Settling a case means that you are willing to receive money in exchange for dropping your action against the person who injured you. You’ll actually sign a release releasing the other party of any further liability. To help you decide whether to accept the settlement offer, your Columbia County, Georgia personal workplace injury attorney will be able to make a realistic assessment of whether a case based on your claim will prevail. Settlement may take place at any point in a lawsuit once it is initiated, including before trial or even after a case has been tried but prior to a jury reaches a verdict. It’s your decision to accept a settlement offer, not the lawyer’s.

Columbia County, Georgia negligence attorney

admin — Thu, 29 Apr 2010 09:50:00 +0000

Columbia County, Georgia negligence attorney

In order to succeed in negligence case, the plaintiff must establish that 1) the defendant deviated from the standard of behavior expected of a reasonable person and that the injury could have been prevented and 2) the deviation resulted in the plaintiff’s injury. There are many ways to establish that these actually happened, including analyzing expert witness testimony and circumstantial evidence and providing federal and state statutes as proof. A seasoned Columbia County, Georgia knows what it takes to win a negligence lawsuit.
Punishment comes from criminal proceedings, but not civil cases. Defendants in civil actions for personal injury do not receive jail terms or stiff fines as punishment. These are criminal punishments and personal injury lawsuits are civil disputes. However juries and courts may give what the law calls punitive damages if the defendant’s intentional acts have caused the injury you. These awards are rather rare.
Intentional wrongs can also be the basis of personal injury claims, though it is rare. If a person hits you, for example, even as a practical joke, you might be able to win a case for battery. If a shop detective wrongly detains you for shoplifting, you might be able to win a suit for false imprisonment. While those guilty of some of the intentional torts—assault and battery, for example—may be criminally convicted for their actions, a tort case is a civil case in court of law brought by an individual or entity and is totally independent of any criminal charges brought by the government.

Medical negligence attorneys in Columbia County, Georgia

admin — Wed, 28 Apr 2010 09:49:00 +0000

Medical negligence attorneys in Columbia County, Georgia

Negligence is much more than claims stemming from motor accidents. It forms the basis for liability in many personal injury cases, even medical malpractice. Medical negligence attorneys in Columbia County, Georgia at times represent clients on a “contingency basis,” in which the attorney’s fee is a percentage of the client’s eventual compensation, payable when the case is resolved. Many times, having Columbia County, Georgia negligence becomes vital since cases become extremely complicated, such as in medical malpratice cases. A doctor’s responsibility to a patient is fundamental to medical practice. A doctor who does not take the proper steps in the process of diagnosis or treatment and hence worsens or does not treat the patient’s condition will be responsible for the patient’s pain and suffering, and resulting medical costs. Nursing malpractice occurs when a nurse does not competently perform his or her medical duties and that failure injures the patient. There are many ways that a nurse can harm a patient from administering the wrong drug to failure to notify a doctor if something is really wrong.