Here Is What You Need To Prove A Defective Product Liability Claim

If you are unfortunate enough to get injured by a defective product, then you may be eligible for some form of compensation from the manufacturers. However, you will be responsible for proving your claims. Generally, you will need to prove that, You Were Injured, and the Product Caused Your Injuries The mere fact of using a defective product does not guarantee a products liability claim. You will have to prove that you were injured while using the product. For example, you may not have a case if a defective water heater explodes, but the explosion does not cause you any injuries. You must also prove that it is the product that caused your injuries. The Product was Defective Apart from proving that you were injured, you will also have to prove that the product was defective. In the example of the water heater, the explosion must have been caused by a defect in the tank. Therefore, your case may not stand if the explosion was caused by other things such as power surges or earthquakes. Defects in products generally fall under three categories: Design – this is a flaw in the fundamental design of the product. In the case of your water heater, you will need to prove that any water heater with similar design to yours is inherently dangerous even if it is properly manufactured. As you may imagine, this type of defect is not easy to prove, especially if there aren’t other comparable cases. Manufacturing – manufacturing defects are caused by errors during the manufacturing process. For example, if one of the seams in your water heater tank wasn’t properly welded, then that may be a manufacturing defect. Failure to warn – in this case, the responsibility is on you to show that the product is dangerous and that the manufacturers knew this but failed to warn you of the fact. For example, if you buy a new design of a water heater that should not be used for three consecutive hours, then there should be a warning to that effect. You Were Using the Product Correctly Lastly, you must also prove that you were using the product as the manufacturer intended. For example, if you ran out of natural gas and start to use methylated spirit on a gas-powered heater, then you are not using it as the manufacturers intended. In such a case, the manufacturer may argue that your misuse of the product caused your injuries. These are general guidelines; there are no strict checklists for evaluating all product liability cases. In addition, there may be some liability laws specific to your province. Consult a product liability lawyer, like those at Mackay & Company, to help you navigate the...

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Understanding The Statute Of Limitations

Legal jurisdictions such as countries or states pass statutes that put a time limit on how long someone has to institute legal proceedings against another person or entity. Many ordinary people don’t understand why this limit exists. This article discusses the reasons why a statute of limitations is necessary. Swift Administration of Justice There is a saying that justice delayed is justice denied. The reasoning behind this saying is that if a wrong has been committed, the culprit has to be held accountable and punished in the shortest possible time so that the victim gets redress for wrongs meted upon them. The statute of limitations imposes deadlines on when proceedings can be instituted so that justice is quickly dispensed. Ensuring the Availability of Witnesses and Evidence Lawyers say that the statute of limitations serves the purpose of ensuring that legal proceedings commence while witnesses and evidence are still available in order to have a successful legal process. Imagine what would happen if someone waited 50 years before filing assault charges against a workmate; chances are very high that witnesses may have died or disappeared by that time and any physical evidence that would have helped the case may have been lost. In order to ensure such situations don’t come up, the statute of limitations sets time limits so that witnesses and evidence can easily be adduced in court. Preventing the Indefinite Pursuit of Debtors Civil matters like issues of debt have a time limit in order to prevent creditors or the debt collectors they appoint from hounding a debtor indefinitely. It is expected that when one is unable to pay their debts within a certain timeframe indicated by the statute of limitations then attempts to collect the money owed should cease and the debtor will no longer be obliged to pay the old debt. It would, for instance, be unthinkable to keep pursuing someone for a debt they contracted 60 years ago. Lawyers, such as James Deep, caution that there are different time limits for different offences in the statute of limitations so one should look up the provision for the particular case that they are interested in. Knowledge of the statute of limitations will save you from beginning futile legal proceedings against someone or an entity, only to end up wasting money and time on a matter that will be thrown out by court once it is discovered that the statute of limitations on that particular issue has...

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2 Reasons To Hire A Security Company Instead Of Buying An Off-The-Shelf Alarm System

When purchasing an alarm system you will have two basic options: buy and install an off-the-shelf system or hire a security company. Two reasons to hire a security company instead of using an off-the-shelf alarm system are professional installation and follow up service. Professional Installation One of the most important reasons to hire a security service is to make sure that your system is installed by professionals who will install the system correctly. The best alarm system in the world is going to be absolutely useless if it is installed incorrectly. In addition, you will need a professional to install high-tech alarm systems because you will need to have multiple components connected to your house’s electrical system. Another benefit to professional installation from a company like A+ Security is that the security service will be able to install the sensors in the most effective areas. If you were to install a security system on your own, you may end up putting the sensors and cameras in areas that are unlikely to be entry points that an intruder would use, which defeats the purpose of having an alarm system in the first place. A professional installation technician will be able to use the company’s experience and research to determine the vulnerable points of your home and position the system’s components accordingly. A professional installation technician will also be able to help you avoid any interference by properly shielding all cables and routing the wires properly. Interference is a big problem because it can cause your sensors to fail to activate or cause your security cameras to provide video that is full of static. Follow Up Finally, you are going to want to utilize a security company if you want someone to follow up on your alarm. If you buy an off-the-shelf security system, when the alarm goes off all it can potentially do is alert you and your neighbors or scare off the intruder. On the other hand, if you have hired a security company then they will be monitoring any alarm activity from your home. If the alarm system tells the company that your home is on fire or that one of your window sensors has been trigger, the operators that are monitoring the signals can contact the appropriate authorities immediately. Speak to your local security company today about installing a system to protect your home. A security company can provide you with highly effective security monitoring and...

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3 Reasons A Property Renter May Need A Lawyer In Canada

Many people may have difficulty finding the ideal place to live. If you decide to rent a place to call home, it is important to establish a good relationship with your landlord if at all possible. However, regardless of your best efforts, you may run into issues. The extent of the problems with your landlord may demand you retain the services of an attorney if these are headed in the wrong legal direction. By knowing common reasons tenants need to rely on a lawyer, this can help you when faced with this challenging situation. Increased Rent Did your landlord just raise the cost of your rent without providing you with the necessary amount of notice? If so, it’s time to call your attorney because a three month or 90 notice must be provided for all provinces in Canada with the exception of Nova Scotia, which is four months. Terminating the Lease Have you only resided in your rental property for a few months and the lease is for a year when the landlord demands you to leave? If you are asked to vacate the premises without a valid reason for doing so, such as property damage, not paying the rent or other warranted reasons for lease termination, you may need to hire an attorney. The law in Canada clearly states it is illegal for a landlord to ask the tenant to leave the premises without having a valid reason to do so. Additionally, if a tenant wishes to get out of the rental lease early, a written notice of one to three months must be given to the property owner in advance. The specific amount of the notice required is based on the province in which the rental property is located. Personal Injury Did you break a leg or endure another unwanted injury at your rental property? Was this due to the negligence of the landlord for not making a needed repair or addressing a maintenance issue? If you can prove the landlord to be at fault for you injury, you may have the grounds for taking legal action, and this should be discussed with your attorney. Finally, there are a number of disputes that may occur between a landlord and tenant. If you are faced with one and need the legal assistance only an attorney can provide, be sure to schedule a consultation through a firm like Lewis & Chrenek LLP as quickly as possible to discuss your issue and learn of your legal rights as a...

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3 Prescription Medications That Can Cause Dangerous Illnesses

While most medications cause mild side effects or adverse reactions, some prescription medications can lead to serious illness, and may even prove life-threatening. These medications include those used in the management of diabetes, osteoporosis and high cholesterol. Other prescription drugs that can lead to serious health problems include those that are used to reduce the risk for heart attack, stroke and blood clots. Here are three medications that may lead to long-term health problems: Statins Statin drugs are used to lower cholesterol levels when diet and exercise alone are ineffective. While these drugs are very effective in decreasing total cholesterol and low density lipoproteins, or “bad cholesterol,” they can lead to a dangerous medical condition known as rhabdomyolysis. This condition refers to the breakdown of muscles tissue, leading to the escape of muscle fibers into the bloodstream. Because muscle fibers are highly irritating to the renal system, rhabdomyolysis can lead to kidney damage. If you experience muscle pain or stiffness, dark-colored urine, fatigue or seizures, see your doctor. You will need to promptly undergo blood and urine tests to determine if you have rhabdomyolysis so that your doctor can recommend a treatment plan to help reduce the risk of permanent kidney damage or renal failure. Osteoporosis Medications known as bisphosphonates are often prescribed for post-menopausal women who have osteoporosis, or bone-thinning and increased risk for fractures. While bisphosphonates can help slow the progression of osteoporosis, they can raise the risk for unusual fractures of the femur, exposure of the jaw bone and esophageal cancer. If you fracture your femur, develop problems with your jaw or notice severe heartburn, difficulty swallowing, weight loss or hoarseness while taking osteoporosis medications, your doctor may advise you to stop taking them, and recommend a different treatment for your thinning bones such as calcium and vitamin D supplements. Anticoagulants Anticoagulants, or blood thinners, are prescribed to prevent cardiovascular and neurological events in those who are at high risk for blood clots. These drugs often cause bleeding gums, nosebleeds, prolonged bleeding after a cut and bruising. They can also lead to dangerous bleeding in the brain or the gastrointestinal tract. While you are taking prescription anticoagulant medications, your doctor will check your blood periodically to evaluate your platelets and to determine if your bleeding and clotting times are within normal limits. An increasing number of personal injury lawyers are pursuing legal action as a result of patient illnesses related to certain medications. If you take any of the above prescription drugs and get sick, call an attorney, who will review your case to determine if you should move forward with a lawsuit. Talk to businesses like Valerie Little Law...

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