According to Karlin, Fleisher & Falkenberg, LLC, by the time a product finally makes its way into the hands of the consumer, one of the most basic assumptions we should be able to make is that the product will be safe. While most products end up being completely risk-free as long as they are used as intended, dangerous products do make their way to market and cause people to sustain serious, if not life-threatening, injuries every year.
Consumers holding the belief that the products they purchase are safe and without defects is the most normal thing about manufacturer and consumer relationship. This trust is not just rooted on consumers’ knowledge of the legal responsibility of manufacturers to ensure that their products are never sources of harm (injury or illness), but also complies with the standard of quality that they themselves have implemented and observe, to protect the reputation they have built for their company.
In reality, however, despite the laws, standard of quality, reputation, and the watchful eyes of government authorities and company managers, flawed or defective products still slip through quality control, find their way in stores, and made available to billions of consumers. As a result, every year, thousands of product liability claims, also called tort lawsuits, against manufacturers of harmful products are filed by consumers due to the injury they sustain from the use of these products.
With millions of defective, harmful products available in the market, the list is an endless one. A number of things on this list are nursery items, children’s toys, electronic gadgets, and household appliances and furniture. These products, by the way, are limited to things that fall under the control of the Consumer Product Safety Commission (CPSC). Other products fall under the regulation of specific government agencies, like:
- Food, medical devices, drugs and cosmetics being under the Food and Drug Administration;
- Aircraft, which is managed by the Federal Aviation Administration;
- Automobiles, which are managed by the National Highway Traffic Safety Administration;
- Alcohol, tobacco & tobacco products, which are under the jurisdiction of the Alcohol and Tobacco Tax and Trade Bureau; and,
- Firearms and ammunition, which is under the Bureau of Alcohol, Tobacco, Firearms and Explosives.
When a product injures anyone, especially a child, all those involved in the chain of distribution, the manufacturer, the distributor and the retailer, can be named as defendants in a civil or tort lawsuit.
Though office workers can still be at risk of dust exposure, it can be said that those who work in agriculture, carpentry, construction, manufacturing, and mining are more vulnerable to dust because of the nature of their work and the materials they work with.
But why is dust exposure so dangerous? Because it can have various negative effects on the body. These effects can be divided into two – short-term and long-term effects. Though long-term effects are generally worse, either category can be detrimental to its sufferer’s health.
Dust particles are particularly dangerous for the eyes, skin, and respiratory system.
- Eyes – Eyes can capture particles and may be irritated. This can be a minor inconvenience, but the temporary compromised vision during irritation should not be overlooked, because it can lead to workplace accidents.
- Skin – Like the eyes, the skin may be vulnerable to irritation. This is particularly true if the particles involved are chemically-induced, because they may have an increased chance of causing itching, reddening, and even scaling.
- Respiratory System – The dust may be small enough to be inhaled, creating breathing problems due to dust buildup in the airways. If the victim already has a respiratory problem, such as asthma, he or she may also experience an episode.
These complications develop after prolonged dust exposure, often amounting in decades. There are also instances where symptoms don’t arise immediately, making them more dangerous. Like the short-term effects, long-term effects often involve the skin and respiratory system.
- Skin – Chemicals found in some particles may cause skin cancer. This doesn’t happen often, but when it does, it is often a severe case.
- Respiratory System – There are numerous complications that can be sustained from dust exposure, such as asthma, pneumonia, and lung cancer.
An employer is legally and morally obligated to ensure that the risk of the workplace is minimized, even if the workplace can be considered inherently dangerous. There are numerous ways to achieve this. For example, RoboVent has ventilation systems that may reduce the risk of dust exposure.
But prevention is not always about complicated engineering solutions. Sometimes, it is merely about simple safety procedures, such as giving protective gears to employees so they don’t get direct exposure or maintaining the facility so it doesn’t experience dust buildup.
Getting involved in a traffic accident can be a traumatic experience, and you may not know what to do because you are still clouded by disbelief and shock. But you should not be. There are basic tips you can follow directly after a car accident, ensuring that you are doing the right thing to protect your best interests.
Take a deep breath and calm yourself. The accident may already be bad in itself, and you don’t want to make it worse by clouding your own judgment. You can make better decisions if your mind is at ease.
Don’t leave the scene
The worst thing you could do in an accident scene is leave. If someone has been injured or killed, you may even face hit-and-run charges. Stay at the scene and secure it, to preserve important factors such as evidence and witnesses.
Check for injuries and other damages
Assess yourself for any injury and ask the other occupants regarding their situation. Also, check for other damages that have been sustained in the accident, such as car damage and road damage. Since your mind is calm, you will be able to grasp the situation easily and act accordingly.
Call the authorities
Auto accidents are not something you should handle on your own even if you are calm. Call the police to investigate, assist, and neutralize any violent disagreements between the parties involved. It is also wise to call an ambulance, especially if you are not sure if somebody has been injured.
Get important information
According to the website of the Philadelphia car accident lawyers at Zavodnick, Zavodnick & Lasky, LLC, negligent parties who have caused car accidents and injuries may be held liable. To keep in touch with parties that could possibly be at fault, it is important to get their information, such as their names, addresses, contact numbers, and license plate numbers.
Remember that these things are done directly after a car accident, as there are many other things you should do beyond the car accident scene, such as calling for your insurance, taking care of medical costs, and evaluating the damage to your property. The key is to stay calm to avoid further damages.
On December 15, 2016, Zimmer Biomet, manufacturer of Comprehensive Reverse Shoulder System Humeral Tray, recalled more than 3,000 pieces of said device after it was discovered that the device was fracturing at a higher rate than is stated in its labeling. According to the U.S. Food and Drug Administration (FDA), fractures can result in revision surgeries that can lead to serious adverse health consequences, including permanent loss of shoulder function, infection, or death (though rarely).
The shoulder is made up of three bones: the humerus, or the upper arm bone; the scapula, or the shoulder blade; and, the clavicle, which is the collarbone. In this bones are found the articular cartilage and the synovial membrane. The first, which covers the surfaces of the bones, is a smooth substance that protects and enables the bones to move easily; the second, which is a thin, smooth tissue, produces a small amount of fluid that lubricates the cartilage. These two, with the tendons and muscles that surround and providing e stability and support to the shoulder, enable the shoulder to rotate and move in a great range of motion – greater than any other ball-and-socket joint in the body.
Despite all the shoulder support and protection, certain conditions and diseases can cause the shoulder bone to fracture or destroy the joint cartilage or shoulder joint, resulting to inflammation, extreme joint pain and/or a limited range of shoulder motion. To those suffering from any (or a combination of these conditions), doctors recommended shoulder replacement surgery, especially if the more conservative or non-surgical methods no longer work. The surgery would replace damaged parts of the shoulder with artificial components, called prosthesis. Some surgeries are aimed at replacing only the ball or the head of the humerus bone, or replacing the glenoid, or the ball and the socket. Whichever part is replaced, this surgery guarantees relief from pain, and restoration of shoulder strength, motion and function.
The Comprehensive Reverse Shoulder, in particular, is a surgically implanted shoulder replacement device that is designed to help restore arm movement. This device is beneficial, especially to patients with previously failed shoulder joint replacement, or those with rotator cuff tears who have developed a severe type of shoulder arthritis known as arthropathy.
Due to the high rate of device failure, specifically fracturing, it is recommended that patients who experience increased shoulder pain or limited mobility following the implantation file a Zimmer shoulder lawsuit.
Those who suffer a serious fracture due to a defective Zimmer Biomet comprehensive reverse shoulder system may be eligible for compensation for their pain, suffering, medical bills, and other damages. Zimmer shoulder lawsuit lawyers believe that medical device manufacturers have a responsibility to properly test and label their devices, and if those systems fail, they should be held accountable for the injuries they cause.
Before the end of the year, a new ruling on overtime pay will take effect. As published in the website of Williams Kherher, the new ruling will expand eligibility to workers with higher salaries thus increasing wage protection for many employees. Released by the Department of Labor, the new ruling will be implemented by December 2016. The new rule increased the white collar exemption threshold of the Fair Labor Standards Act.
Signed into law by President Barack Obama, the new regulations will increase the salary threshold from $445 weekly to $913 weekly. This requires businesses to start monitoring the house of exempted employees whose earnings are below the $913 weekly limit. The new rule by the Department of Labor is based on the fact that the number of workers who are working extended hours without being paid is increasing. The new law was signed by Obama last March 2014.
The last time the white collar exemption level was increased was in 1975. Currently, the current salary threshold of $23,000 yearly is below the poverty line. In 1975, the amount placed a worker at the upper 38 percent of the workforce. In 2015, the poverty level for a family of four was $24,008 per year. One advantage of the new rule is that it will improve company behavior by acting as a detriment to larger companies to cut corners in paying overtime wage to employees.
However, the new rule will also convert salaried workers to hourly thus losing certain benefits and prestige. In addition, it will result to lesser flexibility for the employees to work extended hours. It will also restrict the use of email or work-related phone calls after working hours.
Whether or not the new rule will have a positive or negative effect on employees will be known once it takes effect before the end of the year.