Products Liability Law – Defective and Dangerous Products

WHAT MAKES A PRODUCT DEFECTIVE?

Clients often sit down with me at an initial meeting, describe their accident and a feature or component of a “product” and ask “do I have a case?” The answer to that question most often turns on whether the product or its component can be characterized as “defective”. A recent product recall by a large manufacturer provides an excellent learning tool on this topic.

In November, 2009, Maclaren, USA, Inc. issued a “voluntary” recall of several models of “umbrella” style baby strollers. As designed, manufactured and sold, the strollers had exposed “shear points” at the hinges. This design defect caused twelve reported cases in which infants’ fingertips were amputated in the shear point. According to news reports, these strollers were manufactured in China and distributed by Maclaren USA, Inc.

Under Pennsylvania and New Jersey law, product defects fall into three general categories:
(1) Design defects;
(2) Manufacturing defects/aka malfunctions; and
(3) Failure to warn.

The Maclaren baby stroller defect is a classic example of a design defect. A product is defective when it contains any component or feature which makes it unsafe for its intended use or anticipated misuse, or if it is lacking any feature necessary to make it safe. The exposed shear point obviously is a feature which makes the stroller unsafe. This is a classic “design defect” case.

Products are defective due to a “manufacturing defect” or “malfunction” when there is a flaw in the manufacture or construction of the particular product involved in the accident. A hypothetical example is a lightweight aluminum product such as a bicycle handlebar. Some of these products are designed to be as light as possible. The design involves portions of the handlebars which have very thin aluminum walls. These are generally safe if the manufacturing process is perfect. However, if an air bubble, grain of sand or other impurity gets into the aluminum at a stress point, this can cause a sudden, catastrophic failure of the bar. While the design is arguably sound, the presence of the flaw in the manufacturing process of the particular item makes that product defective.

Another way in which a product can be deemed defective is the failure to warn of potential dangers in the use of a product or the failure to provide the proper instructions as to the product’s safe use. An example here would be a manufacturing machine that has moving parts that can snag on loose clothing such as shirtsleeves or frayed work gloves. While such a product would likely be deemed defective in design, the failure to warn the users to avoid loose clothing and frayed gloves could also be considered a defect.

The examples of product defects are as varied as products themselves. Placing an emergency stop switch more than an arm’s length from an in-running pinch point on an industrial machine is a design defect. Designing a child’s toy with small pieces that can break off and choke a child is a design defect. Designing a farm tractor without an operator presence control that would shut the engine down if the operator left the operating station of the tractor is a design defect.

A wooden stepstool which is perfectly proper in design is defective if insufficient glue is used to assemble it. Metal scaffolding materials are defective if the welds are improper, causing the framing to fail under stress.

With the increasingly global nature of our economy, more and more products and component parts are being manufactured in foreign countries where labor costs are very low. Quality control systems in these countries and these factories are often below United States standards. With this, the incidence of manufacturing defects and malfunctions increases.

Also, big box discount stores often sell low price products that are designed and manufactured overseas. These products are often packaged with the intention that they will be sold in many countries. Sometimes, the warnings and instructions are formatted in such a way to have application in many countries which speak many languages. This can result in instructions and warnings that are very difficult to understand. This can constitute a warnings defect.

Bottom line, it is difficult to provide a universal description of a product defect. Each case, and each product, ordinarily must be evaluated on its own terms. An experienced attorney familiar with products liability law will often be able to give you a preliminary evaluation of whether a product is or is not “defective”. However, the opinion of a qualified expert witness or consultant is sometimes required before even a preliminary opinion or evaluation of a given case can be given.

For more information, visit http://www.thepanjinjurylawyers.com/practice_areas/new-jersey-products-liability-attorney-pennsylvania-unsafe-products.cfm

Lemon Law Rights – Know Your Rights and Protection When Encountering a Lemon Car

Lemon law rights are framed to protect and guide you in case you happen to be the unlucky owner of a lemon.These rights are applicable not just for automobiles, but for a series of consumer products including puppies. These laws are defined by every state and are also present in the warranty card that you get along with your product. You may have more rights than what the dealer or manufacturer would explain it to you. Prior to 1990, when the lemon laws were not established, you would have to consider yourself unlucky if you happened to buy a defective product. But now lemon laws are completely framed and established in every state, and now no unscrupulous manufacturer or dealer can rob you of your money and time. You can use your lemon law rights to sue them and to claim proper compensation for your product.

To start with, you need to identify whether you have bought a lemon. Lemon law rights apply not only to new cars, but also to old cars and items bought in lease under the warranty period. Different states have different definitions of a lemon, but the main objective in all the states for your product to be accepted as a lemon would be: You have bought a new vehicle and within the warranty period the vehicle has undergone multiple repairs. Even if the manufacturer is not able to cure the problem before the warranty period and is not ready to provide you with a replacement or compensation you have the lemon law rights to protect you. A product is also accepted to be a lemon if it does not perform as it had claimed before you had purchased the product.

The best way to protect you from such lemon products is to have the vehicle properly checked by an expert before purchasing it. Preventing such problems is the best cure, but if you happen to buy a lemon product, most lemon laws ask you to contact the manufacturer and solve the problem with him. If the manufacturer is not able to repair the product or if he is not interested to accept your claim, then you can have your lemon law rights work for you. You can take the case to the court by yourself or you can have an expert attorney represent you. There are many firms providing advocates handling such cases. Many state laws also require the manufacturer to take up the expenses of the attorneys, so it is an economical solution.

Try to know more about your lemon law rights. The more you know, the more safe and confident you would be.

11 Forgotten Laws – Review

I remember the first time I watched the movie “The Secret” a friend of mine gave it to me when I joined a network marketing company as part of our training. I have to admit it sat on top of the TV stand for about 6 months before I got around to watching it. Then one day I decided I was gonna check it out and popped it in the VCR. I remember thinking WOW, I can make my dreams come true – FINALLY!

But as months went by and I still wasn’t living the life I had dreamed and I wasn’t building the successful network marketing business I had hope to, I began to have my doubts about this Law of Attraction stuff.

I watched the movie over and over again and each time I got excited about the prospect of creating the life I desired, but still I wasn’t getting the results I wanted.

I was however able to manifest a new car for myself and my husband. That gave me new-found hope! If I could manifest a car, what else could I manifest… a life of abundance and happiness! Oh yes, I was excited again that I was going to use the Law of Attraction to have the life I desired! Or so I thought!

Months went by again, and still I wasn’t able to grow my business and generate the income I wanted. I was able to attract small things however, like thinking of a friend only to have the phone ring moments later, or think of a song and then hear it on the radio a few hours later but I still wasn’t manifesting riches like I had hoped.

I was frustrated that sometimes I could get it to work, but other times I couldn’t. What was the trick or “SECRET” lol to this manifesting thing?

Then I came across a product by Bob Proctor called the 11 Forgotten Laws I learned that the movie “The Secret” like many Hollywood movies left out a lot of stuff so they could just give the “basics” and a quick idea of what the Law of Attraction was. Bob explains that there are actually 11 Forgotten Laws and until you can master all of them the Law of Attraction won’t work to its full

So here is my review of the 11 Forgotten Laws…
The 11 Forgotten Laws is an online digital 12 cd home study course that you can download and access anytime, anywhere whenever you want. I love that because you can listen to it virtually anytime at your convenience on your ipod, mp3 or computer. There are 95 tracks of audio training at your fingertips as well as a downloadable workbook that you can take notes and track your progress step by step. I tend to learn and absorb more when I listen and read as well, so if you are like me then you will like the fact that it comes with printable transcripts as well.

You also get access to the Members Only forum and support desk if you have any questions or concerns. Having a support network and like-minded people to help you on your journey is essential.

The course is educational, inspirational and very motivating. I personally love Bob Proctor and could listen to him speak all day and night. There is something about his passion and belief in the Law of Attraction that keeps me engaged. I have listened to other programs and find my mind wanders, I have to hit rewind several times to stay engaged. However; Bob Proctor leaves me excited and wanting more, my mind absorbs his every word easily and quickly. Bob and Mary Morissey explain all 11 Laws that were never mentioned in the movie “The Secret” and are the missing links to true manifestation.

WHO IS THE PRODUCT FOR:

This product is for the person who believes in the Law of Attraction but who has had difficulty in mastering it and achieving success with it. It is for the person who is stuck in their life and can’t seem to move forward and is unsatisfied with their life. The person who is looking for happiness, health, and abundance but just can’t seem to master all 3 at the same time or sustain all 3. This product will shift you to a higher resonating place where results will happen, dreams will be realized and true results and success will come your way.

WHO IS THIS PRODUCT NOT FOR:

This product is not for the skeptical closed-minded individual who does not believe in the Law of Attraction. It is not for the individual who believes they can just sit back and manifest anything because they believe they can. This product is designed to hold you accountable and apply all the 11 Laws to your daily life. You must take action in order to see results. There is no magic button and you will not see instant results overnight, having said that… Once I applied the Law of Forgiveness I started to receive money in my bank account… I am by no means rich because of this but I was able to manifest money from nowhere! The 11 Forgotten Laws will give you the tools you need, it is up to you to apply them.

IS THE PRODUCT WORTH 97 DOLLARS:

97 dollars may seem expensive but like I said it is a comprehensive course and unlike any other it gives great detail of each law and how to apply them… other products I have purchased that were cheaper did not give as much detail or contained information I already knew… The 11 Forgotten Laws is like no other product out there and once you apply The 11 Forgotten Laws in your life the money will come back to you two-fold. Opportunities will appear and you will attract who and what you need for success. Bob Proctor is a true follower and believer of the Law of Attraction and the 11 subsequent laws. He has had true success and many of his students have had true success as well. Don’t take my word for it, see for yourself and check out The 11 Forgotten Laws now with this 5 dollar trial offer.

PROS AND CONS: Although I could not find any faults with the product, some complaints I found from others were that it can be a bit overwhelming since it is very comprehensive and gives a lot of detail. Some wished that it had a step by step guide or summary after each lesson as to what actionable steps to take..one way to overcome this is to listen and read everything over 2 to 3 times until it becomes clear, or reach out to the members forum and support desk. We all have setbacks in life and rather than give up and decide it doesn’t work… reach out to someone who may have gone through something similar and will have the answer. Another complaint was that some wished it came as a physical product rather than digital… I personally like digital because I don’t have to wait for it to arrive I have instant access, however; it is a rather large download and some may have slower computers or not the right amount of space.

RETURN POLICY:

It comes with a 60 day full money back guarantee. Not happy with the product or results you are achieving, simply return it and get your money back. The product is sold and purchased through Clickbank an online secure market place where many digital products are sold and is a very reputable site, so if you are worried or skeptical about purchasing online, know that your privacy is protected. I myself have requested returns in the past through Clickbank and have never had a problem. Within days my money was returned!

So in my honest opinion Bob Proctors 11 Forgotten Laws is a product you want to check out for yourself. You won’t regret it as many others have had great success with this program and so will you!