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Which Government Agency Regulates Your Product

Posted by on Aug 6, 2017

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.

 

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Scaffolding Collapse Dangers

Posted by on Feb 5, 2016

The US Department of Labor knows how risky working in a construction site can be. All the sharp and heavy tools and machinery, hazardous substances, greasy and dusty surroundings, electrical wires extending from one working area to another, jobs that need to be done on top of stairs, ladders or scaffolds, uneven floors, and so forth; any of these can cause accidents and injuries which may end either a worker’s career or life. According to the US Department of Labor’s Bureau of Labor Statistics, the number of work-related accidents and illnesses are also always higher in construction sites than in any other type of working environment, and that the identified top four causes of injuries are falls, electrocution, getting caught-in-between, and being struck (by a construction equipment or vehicle, or by a falling object).

According to the website of Williams Kherkher, all types of working environments should be kept healthy and safe for all workers/employees. This duty of ensuring safety and health in the workplace is placed by the Occupational Safety and Health Administration (OSHA) under the care of employers. Due to this, employers should make sure that they hire only qualified employees, that all employees are trained on how to keep their workplace safe and about the use/operation of dangerous tools and hazardous substances, that standard safety equipment can be found in designated places, and that employees are provided with safety gears and that these are properly worn in work areas.

The Occupational Safety and Health Administration (OSHA) is the branch of the federal government that enforces the healthy and safe workplace rule. It also sets standards on the proper use construction equipment and tools to ensure the safety of workers in general. One example of these standards is the 1971 regulation on the requirements regarding the use of scaffolds.

Scaffolds are provisional work platforms used in construction work. These provide support for the workers and the materials they will use. Some scaffolds are self-supporting, meaning these are firmly supported by poles or frames solidly positioned on the ground; others are called “suspension” scaffolds since these are supported with pulleys and ropes from overhead. Whether built from the ground or suspended from overhead, the greatest danger facing workers is scaffolding collapse, a consequence of scaffolds not properly assembled or if the number of workers and the weight of materials on the scaffold are too much for it to support. For added worker support, OSHA also requires the incorporation of guardrails to which workers can hold onto in cases of slips.

Despite the rules, training on safety, and personal duty to observe safety measures, accidents still occur, often with debilitating effects on the worker. If a scaffold collapses due to the incompetence or negligence of someone, even of an employer, the injured worker can either, under certain conditions, file a civil lawsuit against his or her employer or seek compensation with the Workers’ Compensation insurance program but will have to waive his or her right of suing his or her employer.

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Dangerous Properties

Posted by on Oct 29, 2015

Slip and fall injury is among the top causes of severe injuries in the United States of America Centered on information sourced from the National Safety Council (NSC) Injury Facts, more than 8 thousand victims of this sort of injury are filed every year.

Sadly, several people lack concern and do not seek to fix the problem – to be certain that everything is safe. If they don’t wish to clean up things for others’ sake, after that, at least, they ought to get rid of any danger because of their very own safety. Constantly, the casualty of such lack of neglect, carelessness or problem, is a person who is completely unaware of a possible slip or trip hazard.
Injuries resulting from a fall and slip injury are called personal injuries. Under the law, the party or the person responsible for the injury is the landowner. So, owners should be constantly aware that after a fall due to their neglect, a state suit will certainly follow.

According to the Consumer Product Safety Commission (CPSC), a number of the most significant after effects of a slip-and-fall accident are hip fractures, torn muscles and tendons, knee injury and broken bones (hand and/or knee). Those who are most susceptible to it are individuals at least 55 years old. Though it might just be an easy injury to several, it’s sufficient to change an aged victim’s life, creating him/her incapable of enjoying additional years filled with rewarding activities.

As stated by the website of the The Benton Law Firm, slip-and-fall accidents may occur on any hazardous property, that is, where you can find trip risks which are not apparent, open wires, found metal or wood pegs, unnecessary mess, no warning signs, especially on damp surfaces, uneven floors or walkway, moss-filled floors, insufficient light along paths, unstable surfaces, no railings or guardrails, exposed cables, etc. It can happen in hospitals, in a church, inside a shopping center or a restaurant, swimming pool, in the office – virtually, anywhere, where the owner of a premise is irresponsible or careless enough as to allow injury-causing elements to remain in his or her region of responsibility.

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Construction Injuries

Posted by on Oct 27, 2015

Construction site injuries are a number of the most common forms of work-place injuries because of the nature of the work being completed. Based on the site of Hach & Rose, LLP, contractors and construction businesses are legally responsible for ensuring a secure working environment that includes appropriate instruction and enforced security precautions on the work site. These federal safety requirements governed and are required by the Occupational Safety and Health Administration.

Financial and mental burden is placed on such an employee and their family when a workplace injury occurs. It’s important to claim worker’s compensation to get repayment for any lost wages or medical costs related to an injury on the job site. Next- party companies, property owners, or equipment makers may also be responsible for injuries and accountable for for particular work-place harms.

Short-term impairment can and must be maintained when somebody is eliminated from work because of a construction accident. Most workers’ compensation should comprise incomplete compensation for wages dropped during this time. In the event the trauma is serious enough to never to be fully recovered from, permanent impairment could be asserted.

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Dangerous Power Lines

Posted by on Oct 26, 2015

Power lines are maintained by various bureaus of the state and are put-up, so it might be difficult to discover who to go after when they cause injuries and even death. According to the site of http://www.truslowlaw.com/, a productive personal injuries or wrongful-death claim against public agencies requires strong evidence of carelessness that their activities were foolish, and on the area that the bureau were the direct reason for the trauma.

There are a number of variables that will help ascertain whether the activities of the public agency were not diligent. Some things that personal injury attorneys looking for are:

  • The height of the power-lines from the ground
  • Forewarning and additional caution signs posted nearby the power lines (or lack thereof)
  • Voltage in the lines
  • The space of the power-lines from buildings that are surrounding
  • The power lines is in conformity with all the safety codes that are nearby

Because of the complex character of personal injury claims against public agencies, it is almost always necessary to hire a personal injury attorney who focus on these kinds of cases. It really is also advised to consult with lawyers who understand the regulations in your state, and that have expertise in handling with community agencies.

There could be cases where a 3rd party (such as another individual) or natural states/disasters causes the power lines to eventually become harmful. Even in these situations, the public agency in charge of keeping the power lines can nevertheless be held liable if they neglected despite understanding about it, to repair the situation that was dangerous. The public agency will only reduce any liability when their actions, in their very own volition, caused the victim’s injuries, or when they acted unreasonably which lead to their traumas.

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Product Liability

Posted by on Oct 25, 2015

Faulty products have been the subject of many civil lawsuits, but it is not actually as simple as it sounds. Based on the website of Appleton personal injury lawyers at Habush Habush & Rottier S.C. ®, there are lots of legal considerations that come into play when you go in a product-liability case, especially against huge corporations. It’s just with competent legal representation which you can have any possibility of being heard.

The many prominent instances currently in the product liability arena concern defective pharmaceutical goods, medical devices, and automobiles. But there are several other types of goods that will be making life miserable for more people since they’re more generally used. Let’s have a look at some of the everyday products that are under fire recently.

Washing Machines
There has been lots of noises made about front-loading washing machines which can make garments moldy. A class action suit is pending against four of the largest names in washing machines for design flaws in their own front load devices that enable biological particles to collect with no real manner of getting them outside, leading to odoriferous and potentially harmful mold and mildew increase in the home. In the event you have detected that your newly-washed clothes smell weird, it may not be you after all. Get in touch with a product liability lawyer locally for more details on the front-loading washing machine dilemma.

All- Natural foods
Food labels have become more important to an increasingly health-conscious people, therefore it is typical practice for food manufacturers to label their products “All Natural” whenever possible. As customers question the fact inside their advertisements, this practice has come under attack. The dilemma currently being hashed out today is whether genetically-modified (GMO) food may be considered “all-natural.” The FDA has already refused to make a ruling, leaving the courts with it to determine. Whatever it is, it’s believed it may have widespread consequences in the food industry. Stay tuned.

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