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When Is a Retailer Liable for Selling a Defective Product?

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When a product is defective, there are several parties that may be liable for damages as part of a product liability claim. These parties are all links in the distribution chain that take products from the designer and manufacturer to the consumer’s hands. In some cases, the retailer selling the product can be liable for their part in a consumer’s injuries. Although the retailer did not make the defective product, they can still play a role in sustained injuries that assigns liability.

Manufacturer’s Role in Defective Product Liability

When consumers are injured by a defective retail product, product liability laws allow them to recover damages from parties associated with that product. It is usually the manufacturer who is first held liable for a defective product’s injury of the consumer and other damages.

In many of these cases, the consumer does not need to prove that the manufacturer is negligent, only that the product had defects. The consumer also needs to show that they used it according to how it was intended and designed to be used. Finally, they must show that using it properly caused their injuries.

The manufacturer is not where all of the liability for that defective product ends. Retailers may also be liable.

Retailer’s Role in Defective Product Liability

It is a responsibility of a retailer to ensure that what they sell to the public is safe and will not injure consumers. But a retailer may argue that design and manufacturing defects are the manufacturer’s responsibility and they had no way of knowing that the product could cause their customers harm.

But retailers must exercise caution in selling products, ensuring what they stock is safe for use. They are also responsible for conforming to a recall, if one includes products they sell. Due to these responsibilities, they may be liable if they sell a product that causes injury to the purchaser or anyone else who did not buy the product.

When you are injured by a product, you may hold a retailer or third-party liable even if you were not the one using the product. A good example of this is an auto accident. If the driver who caused the wreck was operating a defective vehicle, you can submit a legal claim against the manufacturer, just as the vehicle’s driver may do the same. In such cases of a defective product, an attorney can clarify who may be liable for your injuries or other damages.

Negligence and Liability of a Retailer or Store

Sometimes retailers act with negligence. This means that they knowingly sell a product that they are aware, or should be aware of, is defective. A good example of this is when a retailer does not participate in a recall as they should. When the Consumer Product Safety Commission (CPSC) recalls a consumer product due to defective design, manufacturing or other issues, the retailer is responsible for ensuring their customers are safe from that defective product and do not purchase it after the recall has been issued. If a retailer continues to sell the item, that retailer is likely negligent in not removing the product from its inventory or store.

As part of some recalls, the Consumer Product Safety Commission (CPSC) may require retailers to inform customers who bought the defective product from them about the recall. The retailer may need to educate customers regarding the steps needed to repair the item or replace it. By not doing so, the retailer is likely negligent.

If a recalled product causes you injury or other damages, you should contact a personal injury lawyer for advice regarding how to handle your claim.

Product Liability and Personal Injury Lawyers

Product liability and personal injury lawyers help protect consumers from defective products by holding liable and negligent parties responsible for injuries and damages. These types of legal claims do not just benefit the customer who was harmed by the product. These cases actually often lead to product recalls that can save millions of people from being harmed in the same way, using the same item. When consumers hold retailers and manufacturers accountable for the damages their products cause, everyone in the distribution chain becomes more aware of how integrity and product safety are of the ultimate importance in their industry.

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The Three Phases of DUI "Detection"

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Contrary to public belief, it is not illegal to drink and drive. It is illegal to drive while under the influence of alcohol, drive while intoxicated, drive while impaired, or drive in a condition that your state says is illegal. Believe it or not, police officers are trained to recognize when a driver is in that condition. Now, before I get too far, I want to point out that I am a DUI attorney in Maryland, Virginia, and DC. But this is not legal advice. It is merely information, and is not specific to any situation. If you need legal advice or professional assistance for your own situation, then you should contact an attorney that is licensed in your state.

For purposes of uniformity, throughout this article I will use the abbreviation “DWI”, but you could easily substitute “DUI”,” OUI”, or “OWI”. Police officers are trained to divide DWI detection into three phases: vehicle in motion, personal contact, and pre-arrest screening.

1) Phase 1: Vehicle in Motion.

In phase 1, the police officer is trying to answer the question of whether to stop the vehicle. It begins with the initial observation of the vehicle and the manner in which it is being driven.

2) Phase 2: Personal Contact.

In phase 2, the police officer is trying to answer the question of whether to ask the driver to exit the vehicle. It begins with the initial contact with the driver and the observations of the police officer. During the personal contact phase, there is an opportunity for the officer to observe and speak with the driver.

3) Phase 3: Pre-Arrest Screening.

In phase 3, the police officer is trying to answer the question of whether there is probable cause to arrest the driver for DWI. The bulk of the pre-arrest screening is the field sobriety tests. The National Highway Traffic Safety Administration, a division of the Department of Transportation, recognizes three standardized field sobriety tests: the horizontal gaze nystagmus test, the walk and turn test, and the one leg stand test. Additionally, officers often administer a preliminary breath test or other non-standardized field sobriety tests.

Throughout the three phases, the police officer is trained to look for certain clues that increase the likelihood that the driver is impaired. The officer is also trained to include each clue in a police report. Sometimes, all three phases are not present in a particular DWI stop. For example, if there is a collision involved or the stop took place at a roadblock, one or more of the phases may be absent.

Of course, the next logical question becomes what to do when armed with this information. That is what your DUI attorney is for – to use this knowledge and any other evidence to assemble your best defense.

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The PennDot Drivers License Medical Recall

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In Pennsylvania, when a person is examined by a doctor and diagnosed with a disorder or disability that renders that person “incompetent” to operate a motor vehicle, that doctor must notify PennDot within then (10) days of the examination. Common ailments that render a person “incompetent” to operate a motor vehicle in Pennsylvania are: seizures, poor eye sight, and drug or alcohol addiction. When PennDot receives that notice from the doctor they then send out a notice to the driver advising them that their driver’s license is being “recalled” due to their condition. In the plainest terms, they are telling you they think you are too sick or infirm to drive a car – so they are not going to let you. Now what to do?

Once a driver gets the recall notice, they have thirty (30) days to appeal PennDot’s decision. There is a problem here – the driver does not get to keep their license pending their appeal unless the driver submit, and pass, a PennDot medical examination (and who wants to do that?) or produce independent competent medical evidence, usually from a doctor of their own choosing, that can convince a judge the driver is not so much of a danger as not let let the driver keep their license until the appeal is heard. This in itself can can require some pretty fancy footwork by the lawyer that the driver has hopefully retained to keep his license. Which begs the question – “What does the lawyer do for the client in a case like this”?

Firstly, the lawyer must make sure that the client may keep his license pending his appeal as mentioned above. Next, the lawyer must keep PennDot from taking it at all. This issue very often falls into the lap of a Court of Common Pleas Judge. This is because, at some point, the driver will have a court hearing on whether this alleged medical condition actual does disqualify the client from driving safely. Here, the Pa. medical license recall attorney’s job is to: cross examine PennDot’s medical evidence AND present the client’s own evidence, from his own expert medical professional, and persuade the judge that Penndot has not carried their burden of showing that he client suffers from a medical condition that renders them “incompetent” to operate a car. If the lawyer is successful, he has earned his money and the client goes home with his drivers license. Good stuff.

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Information About Driving Licence Offense Codes

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Driving convictions usually result in a fine and points on your license. Typically, these endorsements are records, which are kept against the offender for minimum of four years and maximum of up to eleven years depending upon the seriousness of the motor offense. The offender can view his or her records online and check the penalty points and the term associated with the offense. You can be disqualified from driving if the number of points accumulated exceeds 12 within a 3 year period or less.

Codes and Fines

Each offense and endorsement is identified with its own unique code and has certain penalty points associated with it. There are different kinds of offenses, such as:

• Accident related

• Driver disqualification

• Careless or irresponsible driving

• Vehicle condition

• Dangerous or reckless driving

• DUI

• Insurance

• Miscellaneous

Some of the offenses with their codes and penalties are shown below.

Accident Related Offenses

Offense Code / Description / Penalty Points

AC10 / Hit and Run case. The driver fails to stop after involved in an accident / 5 – 10

AC20 / The driver fails or deliberately fails to report an accident within 24 hours / 5 – 10

AC 30 / Miscellaneous accident offenses / 4 – 9

Disqualified or Suspended Driver Offenses

Offense Code / Description / Penalty Points

BA10 / Driving a vehicle when it has been disqualified by a court order / 6

BA30 / Attempting to drive a vehicle whilst suspended or disqualified by a court / 6

BA40 / Causing death by driving whilst disqualified to drive / 3 – 11

BA60 / Causing serious injury on a disqualified license / 3 – 11

Offenses for Careless Driving

Offense Code / Description / Penalty Points

BA10 / Driving a vehicle when it has been disqualified by a court order / 6

BA30 / Attempting to drive a vehicle whilst suspended or disqualified by a court / 6

BA40 / Causing death by driving whilst disqualified to drive / 3 – 11

BA60 / Causing serious injury on a disqualified license / 3 – 11

Using a vehicle in a poor condition

Offense Code / Description / Penalty Points

CU10 / Driving a vehicle with faulty breaks / 3

CU20 / Creating a hazardous situation by driving an unsuitable vehicle / 3

CU30 / Driving a vehicle with worn out or damaged tyres / 3

CU40 / Driving a vehicle with a defective steering wheel / 3

Reckless Driving

Offense Code / Description / Penalty Points

DD10 / Dangerous driving leading to a serious injury / 3 – 11

DD40 / Reckless or dangerous driving / 3 – 11

DD60 / Manslaughter due to reckless driving / 3 – 11

DD80 / Causing death due to dangerous or reckless driving / 3 – 11

These are some of the offenses along with their penalty points and their description. For more information in regards to offence codes, please visit http://www.licencecheck.co.uk/driving-licence-offence-codes

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How Reckless Teen Driving Can Impact Society

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Reckless driving is a very serious issue. How could it not be considered one when loss of life and property, and even serious injuries and damages are always involved? Its level of seriousness is such that there is no one who is in his right mind who’d even want to be remotely involved in situations involving reckless driving.

To be involved in a case of reckless driving can definitely be a life changing matter, that’s how serious it is. And when you start talking about teenagers being involved in it, then you could just imagine the kind of impact that it would have on everyone that’s involved.

Thinking of the kind of impact that reckless driving involving teens can potentially have on society is certainly an important and serious issue. You can even say that since teens are involved, the stakes are definitely raised higher than any usual case of reckless driving. There are a number of reasons why that is so true.

The recklessness that seems to be inherent in people during their teenage years certainly does not lend itself well to driving. If any, that actually leads to reckless driving – with the expected consequences and repercussions of it. The National Safety Council itself has already given the statement that the part of the brain that specifically helps in suppressing impulses, weighing the consequences, and organizing thoughts is not fully mature until a person reaches the age of 25.

Additional factors include the hormones that we all know are raging within all of us and affect our actions and behavior during our teenaged years. And teenagers also learn to drive under what can only be described as optimal or ideal conditions. The problems and hazardous conditions would not be encountered until later on when the teens are already out on the road.

As far as statistics are concerned, the Center for Disease Control states that here in the United States in 2005, about 4,544 teenagers (aged 16 to 19) died from injuries that they sustained because of being involved in motor vehicle crashes. A very telling statistic was revealed by the CDC – in 2005 the teenager population in the US accounted for about 10 percent of the country’s total population, but when it came to deaths involved in motor vehicle crashes, teens accounted for 12 percent.

I believe that everyone would agree that losing people’s lives far outweigh any other form or type of loss that results from motor vehicle accidents, but one can’t help but notice how much it costs as well. For the total costs of vehicle injuries in males, 30 percent of that number actually involves young people (aged 15 to 24) and is equivalent to $19 billion. For females, the figures show that 28 percent are young people, which accounts for $7 billion in total costs.

Probably the best thing that can be done is to make use of a graduated licensing program. Talking to teenagers about the dangers of reckless driving is also one of the things that are being done in order to help in reduce the incidence of reckless driving among teenagers.

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How to Select an Asbestos Lawyer Or Asbestos Attorney

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There are different number of medical lawyers with areas of practices and expertise. There are asbestos lawyers or asbestos attorneys who work for those clients who face health problems especially resulting from maximum exposure or inhaling small particles of asbestos. These lawyers are often called mesothelioma lawyers or mesoethlioma attorneys. People from different sects of life are clients of asbestos lawyers or asbestos attorney including people who become patients because they worked or lived around asbestos, workers on construction sites and office workers and especially little school children studying in schools constructed with asbestos made materials, every person who inhaled the fibers of asbestos by any means.

Buildings constructed in mid 90’s used materials consisting asbestos in heating ducts, tiles, interior decoration materials and products. It was then stopped because of health issues arising from its exposure. Asbestos can be used in different number of materials because it is easy to break down in to fibers. The two common diseases occurring from asbestos inhalation are Asbestosis and Pulmonary fibrosis.

These asbestos lawyers or mesothelioma lawyers usually handle rare form of lung cancer pleural mesothelioma, which is increasing with time, which occurs on the inhalation of asbestos fibers, and is similar to cancer that attacks the abdominal region. Chest pain, coughing with blood, abdominal pain, fatigue, these symptoms show that were exposed to asbestos fibers. It is advised to visit a doctor as soon as you feel any of the above mentioned problems. It is better to take early measures to counter the asbestos because its symptoms may occur after 10-15 years of exposure, so ask your doctor to start treatment because it can spread fast inside the body. It can be very late if you don’t take proper treatment and precautions. Contact asbestos lawyers or mesothelioma lawyer to assess you condition, so he can guide and provide correct and authentic way to deal with the situation.

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Some Important Tips for Driving Regulations

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It goes without saying that if you drive a vehicle you must hold the appropriate G/G2 license and you must also be fully conversant with driving regulations. You would do well to refer to the Highway Traffic Act and be familiar with the rules. If you are new to this state you would need to go through the graduated licensing program, a two-step process that takes about 20 months for you to obtain the G driving license for cars.

Some of the basic regulations drivers must be familiar with are given below.

You will need to obtain a driving license once you take up residence in the region and wish to drive a car. You will go through the two-step process and you will have to pass the driving test before a license is issued to you. If you are from a region with which has an exchange agreement then your existing license may be valid provided you pass the vision test and you can prove your competence. Such drivers need to present themselves at the Drivers Examination Centre and show their existing driving license or obtain a written confirmation about their driving experience from the appropriate licensing authorities.

Whether you drive your own vehicle or another car the vehicles need to be fully licensed, insured and they must also be well maintained. The vehicle must be registered and drivers need to buy a vehicle permit and license plates as well as pay the annual vehicle validation fee, renewed each year from the Driver & Vehicle Licensing Issuing Office. If you bring in your own vehicle from another province or State you must register it within 30 days. If you are buying a used car please check its history for ownership, the record of accidents and mileage traveled.

All vehicles must be fully insured with a suitable third party liability insurance cover worth at least $200,000. Vehicle registration mandates a valid insurance policy.

When you drive you must have the pink liability insurance card with you at all times and you must produce it if the police ask for it. Failure can lead to a fine of $40.

Recent changes to regulations include stiffer penalties if you are found to be using your phone while driving. Pedestrians get precedence at the pedestrian crossover and at the school crossing. You must wait the pedestrians have reached the other side of the road safely before you start your vehicle or you could become liable to a fine of $ 150 to $ 500 and three demerit points. The fine could be double if you infringe the regulations in Community Safety Zones.

The rule applies to pedestrian crossover but not to the pedestrian crosswalk where previous regulations apply. If traffic signals and stop signs are present then also the regulations may not apply. The new regulations apply at school crossing provided a crossing guard is present.

You start with a G1 test and then after suitable practice applies for G2 driving test that gives you full class G driving privileges for which you have to sign a declaration of highway driving experience to show you have driven on designated highways at a speed limit of at least 80km/hr.

Read More Detail: https://www.bookyourroadtestonline.ca/

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Reasons to Get a Traffic Ticket Extension

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When getting a traffic ticket, you can go to court to fight your violation and try to defend yourself so that you can avoid the fines. Sometimes after the court date is set something comes up and you can’t go. There is an option to get a traffic ticket extension.

Getting an extension will differ from one jurisdiction to another. There are normally three ways of doing so. You can call the district attorney’s office and ask for the extension. Call the number on the ticket or visit the court house that’s on the ticket asking for an extension. Some places require that you actually show up in court to be granted the extra time.

Some states only allow one extension while others can give up to three. This is normally a free process but some charge a small fee to delay the court date.

There are some good reasons to go ahead and try to get an extension on your traffic ticket.

-You may not have the money right now. This could be due to unemployment or shortages of funds. Getting an extra 45-60 days can help you get the time to raise the funds to pay the ticket.

-You may want to delay the higher insurance premiums that you may get because of the traffic ticket if found guilty.

-You may have become sick and can’t really go to court that day.

-You may need more time to get together a better defense to help fight the speeding ticket.

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What to Do When an Ambulance Hits a Parked Car

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What can you do if an ambulance has hit your parked car? This scenario happens more often than you think, and there are steps that you can take to try and recoup some of that car repair money. As with any case, we do urge you to speak with a qualified attorney immediately about your specific case (since all cases are unique), but here are the basic steps that you can take.

Your Rights

Emergency vehicles have the right to break certain traffic laws in order to get to the hospital or the scene of an emergency on time. However, emergency vehicle drivers can be held accountable for hitting another car while in transit. Just as with any other accident, you do have the right to claim damages. But unlike other accidents, getting your money might be a bit harder to do.

Here are the steps to take:

  • File a police report
  • Try and recall and write down the name of the ambulance company
  • Write down the names of any witnesses, the time of the accident, and the date
  • Make sure to note any street corners or other identifying landmarks with photographs
  • Take pictures of the damages done to your vehicle

Next Steps

With the help of the police report, you can call the ambulance company to state your case. The company should be able to determine the name of the ambulance driver after you have given the proper details (as stated above).

In some cases, an ambulance company might repair any damages done to the emergency vehicle, but all of these repairs should be on file with the ambulance company (you’ll have to ask for this information). If the insurance company refuses to pay your claim and you feel that the driver was driving carelessly, you may need to file suit to pursue your claim.

Proving Your Case

It is up to you to prove that an ambulance hit your vehicle, and this might be hard to do. Since ambulance drivers are legally allowed to break some traffic laws and drive at high speeds, it might be hard to claim reckless driving. However, it is not impossible to recoup some of the money that you may have had to pay to repair your vehicle.

Since suing an ambulance company is tough, we highly recommend that you contact a qualified and trusted attorney today to get the help you need.

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Silent Killer: Emphysema

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Drowning in air? A paradox? Not really, with lungs filled with large pockets of air, its victims must gasp for life-giving oxygen. This is because waste air is not easily removed from the lungs allowing oxygen-rich air to replace it. More feared by cigarette smokers than lung cancer, Emphysema is yet little understood today. Its is one of the most destructive, yet least publicized lung diseases. This may be due in part to the fact that there have not been any dramatic treatment or prevention breakthroughs in man’s fight against emphysema.

Although cigarette smoking plays a key role in most cases of emphysema, Scientist have no idea what actually causes the majority of human cases. It is known, however, that smoking makes the condition much worse and speeds up the lung’s destruction.

Once the condition develops, it continues to worsen until there is permanent lung damage. By the time emphysema is detected, considerable damage has already occurred. For reasons not clearly understood, the walls of alveoli. The lung’s tiny air sacs, begin to disappear. Several sacs join together forming larger spaces, the alveoli walls lose their flexibility, and air is trapped.

As the damaged progresses, the lungs have greater difficulty in transferring oxygen to the blood and removing carbon dioxide from it. Once established, the disease cannot be reversed. Breathing becomes increasingly difficult and victim’s physical strength ebbs away. Death from emphysema has been described as slow drowning. Eventually exchange of air in the lungs becomes impossible and the sufferer suffocates.

There is also a rare inherited form of emphysema. In this form persons usually become

ill at an early age in their 30s or 40s whereas classical emphysema victims are stricken at much older age, sometime in the late 60s or later. In the inherited form of disease, the effects are much more significant because it greatly restricts the victim’s life at a time

when he would normally be very active. Because it is irreversible, the outlook for emphysema victims is not good.

Since it is sometimes possible to slow the spread of emphysema, it is important to detect it early, before much damage occurs. The breathing restriction imposed by the disease will likewise be minimized.

Until more about preventing emphysema is understood, everyone should be alert to the symptoms. Primarily excess sputum and shortness of breath. This is not normal and should be reported to your physician and above all, quit smoking or better yet, don’t start.

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Train Accidents & Injuries – Discover What Legal Cover You Can Find

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Train accidents are often among the most neglected transportation accident types, but they can really hurt the victims bad if they are unfortunate enough to find themselves caught in one. Trains are frequently used by most of the population around the world, whether it comes to traveling within large metropolitan cities, or traveling larger distances. In Europe, trains are considered to be the most convenient way for continental traveling between various countries.

Many consider train to be a much safer transportation mode than air travel, while others argue that the probability of these types of accidents are far lesser than auto accidents. While these trends are understandable, but it surely does not mean that train accidents are something rare. US states with dense population centers such as New York, Chicago and Los Angeles have higher accident ratio than anywhere else in the country, and thousands of train accidents take place each year.

It is true that this type of accidents are not as frequent as auto accidents, but being a frequent train passenger you need to be aware of the risk of one. If you are unfortunate enough to suffer a train accident and suffer injuries as a result, you definitely would require legal help to find the compensation for the loss and pain you have suffered. The need for the compensation is even further increased if you have lost a loved one in a train accident.

Accidents occurring on the train are usually very severe and the survivors are very lucky in the first place. But if victims do survive, mostly they suffer severe injuries. This is why you should never turn back from the thought of finding the necessary compensation that the law provides for the victims involved in such accidents. You should consult a reliable and trustworthy train accidents & injuries lawyer to help you out with all the legal assistance you need for this purpose. Quality lawyers will always offer you guaranteed results and will help you in every possible way for winning the rights that the law promises you.

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