Injuries caused by faulty products happen every single day, and companies need to be held responsible.

The following is vital information surrounding product liability, according to findlaw.com:

“Product liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer. Responsibility for a product defect that causes injury lies with all sellers of the product who are in the distribution chain. In general terms, the law requires that a product meet the ordinary expectations of the consumer. When a product has an unexpected defect or danger, the product cannot be said to meet the ordinary expectations of the consumer.”

“Liability for a product defect could rest with any party in the product’s chain of distribution, such as:

• The product manufacturer;
• A manufacturer of component parts;
• A party that assembles or installs the product;
• The wholesaler; and
• The retail store that sold the product to the consumer.

For strict liability to apply, the sale of a product must be made in the regular course of the supplier’s business. Thus, someone who sells a product at a garage sale would probably not be liable in a product liability action.

Types of Product Defects

Under any theory of liability, a plaintiff in a product liability case must prove that the product that caused injury was defective, and that the defect made the product unreasonably dangerous.  There are three types of defects that might cause injury and give rise to manufacturer or supplier liability:

1. Design Defects- Present in a product from the beginning, even before it is manufactured, in that something in the design of the product is inherently unsafe.
2. Manufacturing Defects- Those that occur in the course of a product’s manufacture or assembly.
3. Marketing Defects- Flaws in the way a product is marketed, such as improper labeling, insufficient instructions, or inadequate safety warnings.”

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Hit and run accidents are a particularly unconscious act on the part of the driver who caused the collision. The urge to flee the scene may be caused by a variety of reasons; however, it is never the courageous or decent move to make.

According to dmv.org, if you’ve been the victim of a hit and run accident, here is the information you need to know:

“What Is a Hit and Run Accident?

A hit and run accident is any accident in which a driver intentionally leaves the scene without providing contact information.

Examples of hit and run accidents include:

• A car hits you and speeds off.
• A driver hits your unattended parked car and leaves no contact information or way of collecting damages.

What to Do After a Hit and Run Accident

While you’ll likely be feeling immense stress if you’re a victim of a hit and run, it will help to stay as calm as possible and gather as much information as you can.

Having more information:

• Increases the chances that the police will catch the driver who hit you.
• Helps your car insurance company make decisions about your claim.

First, get as much information as you can about the car that hit you, such as:

• Model.
• Make.
• License plate number.

Also, look around for any possible witnesses to the accident, and ask for their names and contact information.

Finally, take the following steps before leaving the scene:

• Write down the time and location of the accident.
• Take pictures of the accident scene.
• Take pictures of your car, especially if another car’s paint is visible on it.
• This will help you prove that you are not attempting to defraud your insurance company.

If the hit and run occurred when you were away from your parked car, jot down as much information as you can, such as:

• Time.
• Location.
• Damage. ”

Following the aforementioned steps will ensure that your claim is taken seriously should you go to the police.

If you have been injured, and need legal assistance, call #1000 on your cell phone for free. We will offer you a free claim assessment.

When an individual passes away due to the negligence of another party, compensation for surviving loved ones can be sought out should they choose to take legal action.

Fortunately if you’re interested in the concept of wrongful death suits, the experts at nolo.com have compiled everything you need to know:

“What is a Wrongful Death Claim?

A wrongful death claim exists when a person dies due to the legal fault of another person. “

“Wrongful death claims involve all types of fatal accidents from simple car accidents to complicated medical malpractice or product liability cases. Persons, companies, and governmental agencies can be legally at fault for acting negligently (failing to act as a reasonable person would have acted) and for acting intentionally.

Who May Sue for Wrongful Death?

A wrongful death claim must be filed by a representative on behalf of the survivors who suffer damage from the decedent’s death (they are called the “real parties in interest”). The representative is usually the executor of the decedent’s estate. “

“Who May Be Sued for a Wrongful Death?

Wrongful death lawsuits can be brought against a wide variety of persons, companies, government agencies, and employees. For example, in a car accident involving a faulty roadway and a drunk driver, a wrongful death action might include defendants such as:

• The driver or employer at fault in the automobile accident
• The designer or builder of the faulty roadway
• A government agent who failed to provide adequate warnings regarding a road hazard that caused the accident
• The manufacturer, distributor, or installer of a faulty or dangerous part of the vehicle
• The persons who sold, served, or gave alcohol to the impaired driver, or
• The owner of the premises where the alcohol was served.”

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With winter on the horizon, drivers would be wise to prepare their vehicles for the onslaught of weather conditions that are going to undoubtedly affect their car trips both near and far. Creating a kit to keep in your car provides a safety net for you and your family in the event of an emergency.

The Government of Canada has shared these useful tips to help make sure your emergency car kit is fully stocked:

“

Always have winter safety and emergency equipment in your car. A basic car kit should contain the following:

• Food that won’t spoil, such as energy bars
• Water—plastic bottles that won’t break if the water freezes (replace them every six months)
• Blanket
• Extra clothing and shoes or boots
• First aid kit with seatbelt cutter
• Small shovel, scraper and snowbrush
• Candle in a deep can and matches
• Wind‑up flashlight
• Whistle—in case you need to attract attention
• Roadmaps
• Copy of your emergency plan

Items to keep in your trunk:

• Sand, salt or cat litter (non-clumping)
• Antifreeze and windshield washer fluid
• Tow rope
• Jumper cables
• Fire extinguisher
• Warning light or road flares                                                 “

When it comes to road safety, it’s always better to err on the side of caution. Although everyone hopes for the best when navigating winter driving conditions, by preparing an emergency car kit, you can prepare yourself for the worst.

If you have been injured, and need legal assistance, call #1000 on your cell phone for free. We will offer you a free claim assessment.

While dogs are often praised for being “Man’s Best Friend”, it’s not uncommon for our furry friends to go rogue. In fact, when canines bite or attack, especially unprovoked, it can be extremely traumatizing for the victim.

Here’s what the experts at the Canadian Kennel Club had to share surrounding how those who have been wounded by a dog attack can proceed legally:

“

For serious bites, go to a doctor and/or veterinarian as quickly as you can or call 911. If you have the opportunity, before you leave, follow these steps:

• Write down information about the dog and the owner. If this is not possible because the dog is a stray, or the person with the dog has run away, try to remember information such as what the dog looks like, or maybe even the dog’s name. This may seem strange in the heat of the moment but often an owner will call its’ dog’s name before s/he runs away.
• Take pictures of the wound/s and document the situation by writing down as many details as possible.
• Talk to witnesses and ask for their contact information.

 Legal Liability

In Ontario there is a Dog Owner’s Liability Act, which states that the person who suffered the damage does not have to prove that the dog’s owner was negligent or that the dog’s behaviour was in any way caused by the owner. Nor does the owner have to have any knowledge of the dog’s propensity for biting people, which he or she required under the previous “one bite” rule (a dog was allowed one bite before an owner could be accused of negligence in preventing their dog from biting). The only thing that must be proven under this new legislation is that the dog bit or attacked someone, and the owner is automatically liable for the dog’s actions. The amount of the “liability” (i.e., damages paid) may be determined by a number of factors, one of which would be whether or not the dog was provoked. The judge may lower the damages paid if s/he deems that the victim teased or irritated the dog to the point that it became aggressive.”

Suffering from a dog bite can be psychologically and physically painful.

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Anyone who has suffered a personal injury can tell you that the road to healing can be lined with potholes. High medical expenses, missed work, emotional trauma, chronic pain, you name it – the fact of the matter is that personal injury victims battle every day to keep moving forward while facing a multitude of setbacks.

Fortunately, personal injury litigators are dedicated to easing the stresses of sufferers by assisting them in seeking the financial compensation necessary for the recovery process. There is no specific formula for determining the damages a sufferer has faced, but there are many factors that contribute to the final settlement that most injury victims receive.

Here’s how damages are measured in a personal injury case:

Medical Expenses

If a victim has suffered an injury that involves medical treatment, including future expenses such as any rehabilitation sessions, the costs will be included in their compensation. Furthermore, doctors’ notes and invoices work towards helping a patient’s case, as they prove the severity of the injury.

Loss of Income

Many injury sufferers are forced by their symptoms to take a leave from work to recover properly. However, in the face of medical bills, that loss of income can hit an already vulnerable individual very hard. Therefore, loss of income is also factored into the compensation equation.

Disability

Unfortunately, for many people that have been involved in an accident, living with a disability becomes their everyday reality. This dramatic life change has a long list of expenses attached to it that personal injury lawyers seek to have covered by compensatory damages.

Pain and Suffering

This umbrella term covers everything from physical to emotional duress. For instance, if a plaintiff was paralyzed in a car accident and became depressed due to the life-altering disability they went on to face as a result of that accident, they can claim emotional distress.

Permanent Disfigurement

If a sufferer is faced with the reality of permanent disfigurement after an accident that was caused by another party’s negligence, they can likely receive compensation for such disfigurement.

Personal injury compensation is an extremely complex and detailed subject. While the above are simply a few examples of how damages are measured, they are the most common issues that sufferers face.

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As convenient and environmentally friendly as the option is, nobody loves the idea of riding on public transit. Feeling akin to a sardine is far from exciting, and frequent delays can be immensely frustrating. Regardless, public transit is a helpful service, even if riders are at the mercy of it.

While streetcar, bus, and subway rides are typically very smooth, occasionally an individual is injured during their post-work commute. In the event that you are injured while riding in a public transit vehicle, this valuable information can assist you on the road to seeking compensation for your injuries:

Speak to the Driver

Nobody on public transit wants any trouble, and everyone on it is willing to do his or her part to avoid it. While commuters simply wish to arrive home safely, vehicle operators just want to complete their workday without unnecessary headaches. In the event that you are injured on a public transit vehicle, it is imperative that if possible, you immediately report the injury to the driver so that he or she can report it to their senior. Furthermore, focus on obtaining as much information as you can about the vehicle you have been injured on so that you have something concrete to bring to the courts instead of simply claiming you were injured on “a bus”.

Difficulties in Collecting Compensation

After you’ve suffered your injury, there is potential that you can collect Statutory Accident Benefits from the public transit company you were relying on to get you home safely. Unfortunately, problems have been known to arise for those seeking compensation for this type of injury if the vehicle they were riding in didn’t crash into another motor vehicle.

This is challenging for some, as most whiplash or slip and fall public transit injuries are catalyzed by the event of the driver slamming on the breaks to avoid colliding with another vehicle.

While some public transit accident victims do experience issues in receiving compensation for their pain and suffering, our personal injury lawyers are here to ensure that doesn’t happen to you. As with any legal issue, all it takes is a strong team of litigators dedicated to proving your case. If you’ve been injured on a public transit vehicle, it’s vital that you don’t waste time deciding if you wish to seek compensation. This is due to the fact that there can be limitation periods after an accident in which the sufferer must report their injuries if they hope to receive the justice they deserve.

If you have been injured, and need legal assistance, call #1000 on your cell phone for free. We will offer you a free claim assessment.

In the present day, it’s no secret that anything you post online goes onto your digital permanent record. Deleted posts, while not visible to your friends or family, never fully disappear. Therefore, it is extremely imperative that those who enjoy sharing photos, status updates, and location information with their social media audiences be mindful about what they choose to post.

You wouldn’t want your boss to see your long-winded status update complaining about the new office policy, would you? Our guess is no. However, job security is no longer the only thing that can be threatened by social media – personal injury claims are too. Allow us to explain:

Inconsistent Images

Social media is not typically the most authentic place. Your feeds have given you the opportunity to present the most envy-inducing version of yourself to anyone who views them, and most people take advantage of that power.

Including defense attorneys.

If your life were dramatically altered after a car accident-related brain injury, chances are that you wouldn’t post or feel like posting when you were in the midst of dealing with painful side effects. Mental health issues caused by the accident will likely go unmentioned on your Facebook timeline, and details about the physical injuries you sustained will not be described in detail, if at all.

So how does it look to an opportunistic defense attorney, when on the one evening you decided to go to your friend’s annual Labour Day barbecue, multiple photos were taken and posted online that made it appear that you were out and about, having the time of your life?

This is where many sufferers who are seeking compensation for their injuries misstep. If you’re claiming the accident has dramatically affected your emotional life, but meanwhile, you’re trying to portray a carefree and happy image on social media, the defense could use that as evidence to have your case thrown out.

Proper Protocol

If you experience a personal injury, it is wise to avoid posting anything on social media from the day you are injured until the day your case has been settled in court. Despite your abstinence from social media, friends and family still have the power to post updates and images related to you. Therefore, it is highly advised that you speak to those within your inner circle about the potential risks associated with your social media presence, and ask them to avoid mentioning you online. Furthermore, while having airtight privacy settings is a good security step to take, the settings may not protect you from the defense gaining access to your posts.

Social media can be great fun, however, suffering after a personal injury is far from it.

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As far as cars go, there is a wide selection of technologically innovative models on the road right now that assist in elevating their driver’s socioeconomic image. For teenagers, having a vehicle is a symbol of independence that often leads to popularity, and as we look at older generations, there is little difference in the way having an expensive vehicle can affect social status.

However, carmakers can spend as many hours as they’d like creating newer, more advanced models to roll out onto the market, but no vehicle will ever provide its owner with the same amount of “The Effortlessly Cool Factor” that a motorcycle can.

Motorcycles, in all their glory, are a symbol. They’re relatively low maintenance, super fast, and even fuel-efficient. Unfortunately, motorcycles are far more dangerous for riders than vehicles are for drivers. In fact, according to the Insurance Institute for Highway Safety (IIHS), motorcyclists are 30 times more likely to get into fatal collisions.

While many riders never get into a collision, the reality is that if you love riding your motorcycle, you should be doing so with caution. Here are some helpful tips for reducing your risk of injury or collision while you’re hitting the open road on your motorbike:

Don’t take Risks

It seems quite obvious, but for many riders, the appeal of speeding and weaving through traffic on the highway can be very strong. In fact, this dangerous behaviour not only puts your life in danger, but the lives of every other vehicle on the road. If you are riding a motorcycle, you are not exempt from the basic rules of the road. It’s as simple as that.

Buy Antilock Breaks

You’d presume that on motorbikes, which are proven to put riders at a higher risk than vehicles do to drivers, antilock breaks would be a staple. However, they are noticeably absent on a wide variety of bike models. This lifesaving feature prevents riders from experiencing loss of steering control due to locked breaks. According to IIHS, in fatal motorcycle collisions, antilock break systems are 37 percent less likely to be installed on the bikes that crashed. Do yourself a favour and make the investment. You’ll be thankful you did.

Wear a Helmet

No matter how many studies are published surrounding the lifesaving benefits of helmet use, there will always be individuals who choose to forego wearing one. It is our advice to not be that person. Even head injuries that are not fatal cause sufferers to experience life altering physical and mental health issues. As a rider, investing in and wearing a helmet that covers your entire face is the best way to practice prevention and protect yourself when you’re out on the streets.

While the aforementioned tips are far from the only steps that you as a rider can take to minimize your risk of injury, taking them will place you on the right path to becoming a defensive and cautious motorcycle rider. Motorcycle crashes can be devastating to riders and their families.

If you have been injured, and need legal assistance, call #1000 on your cell phone for free. We will offer you a free claim assessment.