Posts tagged with 'product liability'

Learn More about Wrongful Death

Posted on March 28, 2014

Learn More About Wrongful Death

A death caused by the negligent or unjust actions of another individual is referred to as a wrongful death. While all deaths are devastating to the family and friends of the deceased, wrongful deaths can be exceptionally traumatic due to the fact that they could have been prevented. A variety of accidents and intentional harms can lead to the wrongful death of others, including car accidents, medical malpractice, product liability, workplace negligence, and even acts of violence or murder. When the numbers are added up, it is clear to see how unfortunately common wrongful deaths can be.

According to the Centers for Disease Control and Prevention, over 37,000 prescription drug-related fatalities occurred in 2009. The Department of Transportation reports that for the same year, 33,883 traffic accident fatalities occurred. Workplace accidents also contribute significantly, with over 4,500 accident-related fatalities reported in 2010 by the Bureau of Labor Statistics. And, research published in the Journal of the American Medical Association suggests that approximately 225,000 individuals die each year as a result of medical malpractice.

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Types of Personal Injury Cases and Associated Compensation

According to the American Bar Association, personal injury law is designed to protect individuals or their property in the event that they are injured or harmed due to the actions of someone else, or as a result of someone’s failure to act. Personal injury law is sometimes referred to as tort law. Personal injuries can occur in a variety of settings and for a variety of reasons. A primary cause of personal injury is negligence, which is defined by the Insurance Information Institute as “failure to act with the legally required degree of care for others, resulting in harm to them.”

Personal injury may also be based on strict liability or intentional wrongs. The notion of strict liability holds manufactures and designers liable for injuries that result from defective products. In strict liability personal injury cases, the injured party is not required to establish negligence on the part of the manufacturer or designer, but is instead required to show that the product was manufactured or designed in such a way that it became unreasonably dangerous when used for its intended purpose. Personal injury cases can also be based on intentional wrongs, however such cases are rare. An example of a case filed on such a basis would be if a store patron was wrongly detained by a security guard for suspicion of shoplifting; the detained individual might be able to file a suit for false imprisonment. There are several types of personal injury cases that can be pursued, examples of which are described below.

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What Happens if You’re Injured by a Dangerous Product?

Whether it’s a laptop with an overheated battery, a car with airbags that fail to deploy, or prescription medication that leads to serious side effects, consumers are constantly using a variety of products that can and do lead to injuries, harm, and even death.

When someone suffers an injury as the result of using a product, they often wonder if they can sue to recover damages. These types of cases are known as product liability cases. In order to prevail in such a case, consumers usually have to show that the product manufacturer is negligent.

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