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Signs of Brake Failure

Posted by on Aug 10, 2015 in Automobile Accidents, Product Liability | 0 comments

If you have ever been in a vehicle when its brakes fail, you know how terrifying that experience can be. We put a lot of faith in our brake systems and expect them to work properly every time we need them. However, sometimes they don’t. When this happens the result can be anything from a good scare to a serious collision. Most often there are signs you can watch out for in order to have the proper repairs made to your car and prevent brake failure.

Every once in a while it is a good idea to turn the radio off and just listen to your vehicle. While it can’t speak to you directly, it can still let you know if something is wrong. If you hear any kind of strange sound when you brake, such as squealing, clicking, or grinding, it would be a good idea to have your brakes checked by a professional. It might be something small like just having to have the brake pads replaced, or it could be a more serious issue with the system itself. When in doubt, it doesn’t hurt just to have it checked.

When you’re driving, there is a lot of ‘feeling’ involved. You feel your car accelerate, decelerate, and if you have a standard, you can feel when you need to shift gears. If you pay attention to how your car feels you might be able to catch a brake issue before it is serious. If your wheel shakes when you brake, if it feels like it is pulling to one side or the other, or if you feel like your acceleration or deceleration isn’t like it used to be, have it checked. These could be signs of any number of issues that can lead to failure and serious injury.

However, sometimes you pay attention and have the repairs made but brake failure still occurs. According to the website of Pohl & Berk, sometimes it is not your fault but rather the manufacturer of either your car or the brake system. Every so often there are defects that can result in brake failure despite your dutiful care. Thankfully, these are small in number. If you pay attention to your brakes and have repairs made when necessary, you do not need to fear brake failure.

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Bases for Pharmaceutical Product Liability Claims

Posted by on Mar 2, 2014 in Defective Medication, Personal Injury, Product Liability | 1 comment

Product liability is the general term used for claims against a manufacturer, distributor, seller, or retailer of a product which causes injury or harm to the user. When it comes to drug-related claims, however, there are three bases that it may fall under.

One basis for a drug-related product liability claim is defective manufacturing. This may encompass any type of error that makes the drug dangerous which would otherwise be safe. This can be a mistake in the formulation, tainted bottles or syringes, mislabeling, packaging mishaps, or shipping problems i.e. improper storage. An example would be the recent recall of batches of Excedrin and other over-the-counter medications because the bottles may contain the wrong medicine. Any person injured by this type of mistake may have a case against the drug manufacturer or packaging company.

Another basis for a claim would be dangerous side effects. While it is commonly accepted that most drugs even when properly manufacturer do have unavoidable side effects, the drug company still has the duty to warn physicians and patients, especially when they are potentially dangerous. In many such cases, claimants allege that the drug manufacturer knew about the dangers but concealed the knowledge. A good example would be birth control formulations Yaz, Yasmin and Ocella. According to the website of Williams Kherkher, manufacturer Bayer Pharmaceutical knew the drospirenone-based contraceptives increased the risk of developing potentially fatal blood clots 1.5 times more than other types of contraceptives but failed to issue the proper warning.

Last but not least would be improper marketing of the product. Most commonly in drug-related product liability cases, the problem arises when the manufacturer or distributor markets the medication for off-label uses. For example, drug A is approved by The Food and Drug Administration (FDA) to treat illness B, and the label will specify this. But to sell more, the drug company tells its sales force to claim that drug A is also good for illness C and illness D. This is off-label marketing, and it can have serious consequences. This is what happened with the anti-epilepsy medication Depakote, which was being marketed to treat migraines and bipolar disorder although it was not approved by the FDA for these conditions. It caused birth defects in children whose mothers were prescribed with Depakote for migraines during their pregnancy.

If you sustained serious injury from dangerous or defective drugs, you should seek compensation for the pain and suffering it caused. Consult with a personal injury lawyer experienced in handling drug-related product liability cases as early as possible.

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Personal Injury and the Tobacco Industry

Posted by on Mar 1, 2014 in Personal Injury, Product Liability | 0 comments

The tobacco industry has been under fire in civil court since the 1950s, when an article in The Readers’ Digest suggested the link between cancer and cigarette smoking to the attention of the general public. This was in 1952. Soon after, the first lawsuit was brought by Eva Moore for the death of her husband from lung cancer against the RJ Reynolds Tobacco Company, manufacturer of popular cigarette brands including Camel, Kool, Lucky Strike, Winston, More, Salem, Vantage, and Pall Mall.  Moore lost her suit when the court decided there was no evidence linking cigarette smoking and cancer risk, and this set the tone for the next 4 decades for civil litigation against the tobacco industry.

The tides changed in 1994 when state and federal law began to hold manufacturers liable for the harm their products may cause, and contributory negligence was no longer accepted as an affirmative defense. In that year, the first class action suit formed around the lawsuit of Diane Castano against the Liggett Group for the death of her husband from lung cancer, and the tobacco company eventually settled. It was also in 1994 that Mississippi filed a lawsuit against Liggett for compensation of the healthcare costs of smokers, the first state in the US to do so.

Today, tobacco companies are under intense scrutiny and stringent regulations, and even explicit warning labels about the dangers of smoking are not enough to get them off the hook. The latest lawsuits against tobacco companies are for their marketing tactics regarding light cigarettes.

According to the website of the Atlanta attorneys at Ausband Firm, product liability cases that deal with consumer products that cause chemical harm are called toxic torts. The tobacco industry was held liable initially because they concealed the fact that the chemicals in cigarettes were not only harmful, they were addictive. Tobacco companies were negligent in taking the necessary steps to warn the public of the danger and to prevent injury, and for that they continue to be held liable. Now, cigarette packaging labels have several warnings on them to help consumers understand that smoking is, in fact, not a healthy activity.

The laws concerning toxic torts, and particularly concerning the tobacco industry, are highly complex and the defendants are notoriously aggressive. According to the website of Habush Habush & Rottier S.C. in Rhinelander, medical records and expert testimony are often necessary to prove causation. If you have been harmed or injured from exposure to dangerous products, you may be able to sue for compensation, Contact a personal injury or product liability lawyer as soon as possible.

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