What a Lawyer Must Prove to Win a Product Liability Case

Thousands of injuries occur each year in the United States from defective or dangerous products. Victims of dangerous defective products have legal protection under product liability laws throughout the country. These laws govern the legal rules that determine who can be held liable for the defect or danger to consumers.

In general, products sold to the public are required to meet common expectations of consumers. When those products have an unexpected defect, common expectations of consumers are not met.

More than one party could be held liable for injuries that occur from consumer use of a defective product. This includes all sellers that are part of the distribution chain for making the product. Parties that are potentially liable for a defective product include the manufacturer, parts supplier, wholesaler and the retail store from which the product was purchased by the consumer.

The type of defect will determine who is responsible for a liability claim. All of the specifics related to a product liability case may differ among states. However, there are certain elements that a lawyer must prove to win a product liability case for his or her client. These elements include:

  • Injury and/or loss was caused by the product
  • Product was defective
  • Manufacturer’s error led to flaw in product
  • Manufacturer failed to warn consumers about potential dangers
  • Product was used correctly

Product Caused Injury and/or Loss

An actual injury or loss is a crucial element for a lawyer in proving a product liability claim. Specifically, the injury or loss must be a direct result of the product’s defect. In some cases, demonstrating the link between an injury and product defect is straightforward. In other cases, proving that the defect caused the injury or loss is not so easy.

For instance, a client was injured in a car accident while driving a vehicle prone to flipping over. If there is evidence that the client was speeding when the accident occurred, the manufacturer could argue that reckless driving – not the design of the vehicle – caused the accident.

However, a client could suffer third-degree burns when a brand new electric tea kettle explodes because of a hairline crack. The client did nothing out of the ordinary while using the tea kettle and could have a strong injury claim.

Product is Flawed Due to Manufacturer’s Error

In addition to proving that the product caused an injury or loss, the lawyer must also prove that the same product is defective. For some cases, the defect could be the result of a problem at the manufacturing plant. For others, the defect is within the product design, which means that the entire product line is dangerous for consumer use.

A lawyer might have a harder time proving that there was a flaw in the product design. The most likely scenario is demonstrating that an unreasonable design created the danger. However, a product that has potential danger is not automatically a judgment against the manufacturer or supplier when an injury occurs.

There are times when designing a product in a cost-effective or reasonable way is not feasible. Consider the potential dangers of vehicle air bags. While they can cause serious injury to a driver or passenger, they can also save lives in certain collisions. Car manufacturers would argue that when alternative outcomes are considered, air bags are not unreasonably dangerous.

Manufacturer Failed to Warn Consumers of Potential Dangers

Typically, a lawyer might have a better chance at proving an injury or loss occurred from a defective design when the average consumer is not aware of the dangerous quality. A ruling in such cases may depend on whether the manufacturer failed to warn consumers of the potential dangers. The manufacturer or supplier must show that instructions and warnings were reasonably sufficient.

In this case, a client might suffer third-degree burns from an electric tea kettle because the steam valve is concealed by some part of the product design. An average consumer would expect to find a visible spout from where steam is released. Instead, the steam valve is placed in an inconspicuous area, which strengthens a defective design claim.

Proving defective design is problematic if the tea kettle included bright red stickers printed with the word “caution” and the user manual included warnings about the steam valve position. The legal question now becomes whether the warnings were adequate.

Injured Client Used Product Correctly

Generally, the lawyer’s client must use the product correctly; that is, the way the manufacturer intended the product to be used. Continuing with the tea kettle example, an example would be if the explosion occurs when used to heat water for an outdoor kinds’ pool is not the intended use.

If the kettle explodes and causes burns, the lawyer may not be able to prove manufacturer liability. The manufacturer is not required to make the tea kettle safe for use with an outdoor pool.

However, this does not mean that use of every product must conform to the manufacturer’s specifications. The key is proving whether the average consumer would or would not use the product in the same manner as the client. If so, the lawyer has met the reasonable expectation of use requirement.

Winning a product liability case involves deciphering often complex circumstances and establishing a good legal theory. A lawyer who is knowledgeable of product liability law and the litigation process will craft a strategy to prove the case. An immediate investigation into the facts surrounding the case could expose obvious defective issues. Further, expert testimony is often essential in proving that a defective design caused an injury and/or loss.

How to Double Your Personal Productivity in Just 30 Days – 1 – Preparing Your Attack

How often have you said to yourself, “If only I could get twice as much done as I do now!” The good news is, you can… as long as you have the right method and the motivation to change. In this 3-part series, I’m going to teach you a step-by-step method that will allow you to double your personal productivity in just 30 days. Actually, you could do it in a week, but I prefer to allow for the fact that most people aren’t very consistent at applying new information!

1. Scheduling the Time:

As I emphasized in Part-1, you want to schedule your High Value Tasks (HVTs) for times when your mental and physical energies are at their peak, usually first thing in the morning, although that varies from person to person.

Your next decision is how much time you want to set aside for a given task. In general it’s pretty hard to stay focused for more than one hour of solid working time, so dividing your working time into one hour chunks is a smart way to go. Then, even if the task you’re working on takes two hours to complete, you need to schedule at least a 10-15 minute “stretching break” in between your two one-hour chunks to ensure you’re at your best when you start the second round.

The next vexing question is when to STOP working. Do you quit when you say you’re going to quit, no matter where you’re at, or do you plow ahead until, come hell or high water, you’ve completed your entire tasks?

This is where many people get into trouble. The danger of plowing ahead is that you can end up just working and working longer and longer, until your whole day disintegrates into an undifferentiated mass of low-productivity work. And you DO NOT want that. On the other hand, completing a task has such a huge psychological payoff that you won’t want to stop if you’re close to the finish line. So how do you resolve this conflict? Just apply these guidelines:

1. When you’re scheduling a task, first determine how you’ll know when you’ve finished it! Since you may well be working on a sub-task – one component of a larger task – admit that to yourself and make sure you specify what determines completing the sub-task rather than the larger task.

2. Then determine how long the task will likely take. Then add at least 25% as a safety net – most of us consistently underestimate the time we need.

3. If the task can be completed within a one hour time chunk, then you work at it until it’s completed.

4. If the task is a longer task or a more “creative” one where it’s difficult to say how long it will take, then you stop working after your allotted time expires, no matter what.

2. Preparing Your Workspace:

Make sure your work area is clean and neat: a messy environment will compromise your productivity. Be sure to lay out any documents you’ll need in advance and make sure you have any electronic documents or web pages you’ll need open and ready before you begin. Otherwise, you may spend the first 10 minutes of your “working time” just digging up these items and becoming more and more frustrated.

Next, turn your phone’s ringer off and send all incoming calls to voice mail. If you’re in an office and have an assistant, make sure he or she knows you don’t want to be disturbed. If you’re working from home, negotiate with your family so they know to leave you alone as much as possible when you’re really working.

Also, close your email, your Twitter, your instant messaging and any other means of electronic communications you have. If you’re really serious about doubling your personal productivity, you MUST be willing to make your self 100% “available” to your work for defined periods of time, and that means making yourself 100% unavailable to the demands and interruptions of other people while you’re doing a blitz on your HVTs.

3. Before You Start:

Now that you’ve prepared your physical workspace, it’s time to spend a few minutes on your mental workspace. Going into a task fully motivated will significantly improve your productivity, a lesson every athlete knows all too well.

Find whatever inspires you in your work. It could be success stories in your industry, a book about personal effectiveness, time management or productivity, or simply the vision of what you are working towards. Then spend a few minutes reading or thinking about this until you feel “in the zone”. But don’t stop there…

Close your eyes and visualize yourself working on your task. Make sure you FEEL how easily you’ll complete it and the feeling of personal satisfaction that comes from that. Once you can feel all that, then you’re truly ready to begin.

And once you begin, have a timer or stop watch nearby so you can play “beat the clock” – a phenomenal method for keeping your relentlessly focused on the task at hand.

All these preparations – which most people simply skip over – are absolutely critical to doubling your productivity. Without them, no matter how well you’ve prioritized, your execution will be second rate and the time it will take you to complete a given task can easily increase by 3-400%. So resist the temptation to dive into your work without doing these preparatory steps first. At first these steps may seem tedious but once they’ve become a habit for you, you’ll understand how essential they really are.

Join us next time for the third and final installment of this 3-part series on how to double your personal productivity in just 30 days, when I’ll share with you the strategic secrets of flawless execution.

– Dr. Symeon Rodger

Useful Hair Products

There are made to help people with their concerns. Whether it’s general care or styling issues, these products help us boost our confidence by styling our hair or simply by making it manageable and healthy.

This products such as shampoos, conditioners, hair dyes, gels and loss solutions are highly popular in the market.A shampoo is one of basic that are readily available in the market. It’s a detergent that removes oil, dirt and prevents dandruff caused by outdoor pollution. It’s a general product that is needed for one’s daily bathing activity.

Redken shampoo is among the top 10 best shampoo products based on surveys. All Soft Shampoo is one of its products. This shampoo offers advanced “silkening” solutions that can transform dry and brittle to soft and manageable hair.

A products conditioner is another type of commonly used that compliment shampoo products. This is a great help for maintaining healthy looking hair.Some hairs are generally fizzy or too dry due to too much exposure to outdoor pollution. When products dries, it becomes brittle and it easily breaks. If you don’t treat it right away, it will reach the follicles and would result to falling hair.conditioners help fix greatly damaged by keeping it moisturized.

Daily Color Enhancing Conditioner – for Gray to Silver shades, Sterling to Snow is a product of Pantene, one of the leading manufacturers. It specializes in restoring vibrant shine to your silver, white or gray hair. This conditioner uses Pantene’s Pro-V solution to rid dull issues and let your grow shiny and healthy.

Hair dyes are also popular products. It is mostly used in parlors. Hair dyes are used to alter the original color of the products and are commonly used by many aging people to hide their gray hair. These products are also made available for hair color fashion statements.

Crabbe and Wylde Botanicals are organic henna products available in the market. Using a natural ingredient – the Lawsonia inemis shrub, it can produce a vibrant red color dye finish. Crabbe and Wylde Botanicals are sold in packs in different quantities.

These various are commonly found in every kind of regular kit. Shampoos, conditioners and hair dyes are the basic products that help keep our healthy and feel good and look beautiful.

Choosing Skin Care Products – What Are the Factors You Should Look Out For?

Skin care products can be of many different kinds. They depend up on many factors like the intensity of sunlight exposed to, the type of skin, the presence of acne or pimples and many more individual specific factors. The real fact is that the judgment of the best skin care products should be left to the individual alone.

The overall skin types are classified into five categories. They are normal, oily, dry, combination and sensitive. Those in the normal category are the luckiest because their skin has the right texture, blush and the inherent glow that we so aim for. They are naturally so beautiful that they only require a mild support of skin care products.

The natures of oily and dry categories are amply clear from their names themselves. Products targeting oily and dry categories are completely different from each other. Generally products for oily skin aim at managing the excess oil and the products for dry skin aim at adding moisture and protecting the oil glands. The importance of adding moisture is same in all skin types though. Moisture replenishes the skin of its weariness always. That is the reason why the best skin care products most often have moisturizing action.

Combination skins are generally a plus of two different skin types. The most common combination types are normal skin and oily skin and oily skin and dry skin. The way to care generally is concentrated in two specific regions of the face. One is the T-region and the other region is the cheeks and the chin region. People with combination skin types usually use two different products for these two different types that make up their complexion.

Products for sensitive skin types are difficult to suggest, but a general rule of thumb is to use the those that are labeled to suit such sensitive skin. It is widely suggested to try mild amounts and then see how your skin is reacting to the products.

Aging is only a natural process although it can be delayed or stalled if proper care is taken at the proper time. It is important to accept the process of aging as nothing alarming. Until you accept your skin naturally, you will keep worrying. And who does not know what worry can do to the skin? The skin care products for aging skins should be chosen with special care that the product should not be any way is harsh.

Xtend-Life skin care products are specifically designed to meet the anti aging and cell restructuring needs of a skin. Their products have a mixed ingredient list of organic components and cosmetic components. While selecting the ingredients, it has been ensured that any harmful ingredient has not been included. The anti-aging skincare products of Xtend-Life works primarily on the threefold principles of specially active Cynergy TK, boosting of hyaluronic acid generation in the skin and the action of a powerful antioxidant nanobelle Q10. These three, along with other unique ingredients that make their products the best skin care products in the anti wrinkle and cosmetic face-lift genre.