Frequently Asked Questions
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What does a defective product attorney need to prove to be successful in an injury lawsuit?
An attorney can file a lawsuit if one or more of these elements exist:
- There was a defect in the original design of the toy.
- There was a mistake in some stage of the manufacturing of the toy
- The toy was not packaged, transported, or stored properly and this caused a dangerous defect to the product.
- The manufacturer failed to include sufficient warning about any risks or proper instructions on how the toy should be used.
What should parents do if their child is hurt by a defective toy?
Make sure to seek medical attention for your child right away, even if you think it is only a minor injury. It could end up being much more serious than what it appears to be.
Put the toy in a safe place where it cannot be accessed by any other children. Do not throw the toy away as this will be evidence in any product liability case. Collect all receipts, credit card bill, product packaging, and any other information associated with the purchase of the toy. Then contact a defective product attorney.
How often are children injured because of defective toys?
According to data collected by the Center for Injury Research and Policy at Nationwide Children’s Hospital, a child is injured by a dangerous toy every three minutes. Children under five are more likely to sustain a choking injury while children five and older often sustain injuries from riding toys.
Collisions and falls account for approximately 45 percent of defective toy injuries.
What are some mistakes that vehicle owners make when it comes to vehicle maintenance?
Premium Fuel: Most of the vehicles that are manufactured today are made to run on regular fuel, which is 87 octane. According to the Federal Trade Commission, unless the vehicle manufacturer says that higher octane is required for a vehicle, there is no benefit in paying for a higher price, premium fuels. More expensive fuel does not mean a vehicle will operate more efficiently.
Tire Pressure: Many vehicle owners make the mistake of gauging the tire pressure by looking at tire sidewalls. However, they should be checking what the required tire pressure with the vehicle manufacturer. Having the correct tire pressure not only improves fuel efficiency, but is critical when it comes to safety. Vehicle owners should make it a habit of checking tire pressure once a month. Pressure should also be checked if there have been any extreme weather fluctuations, as this can also affect the pressure.
Maintenance for New Vehicles: Some new vehicle owners are under the misconception that because a vehicle is new, it does not need regular maintenance. The truth is that all vehicles – no matter how new or old – need routine air filter replacements, oil changes, tire rotations, and more. Ignoring these vehicle needs can lead to bigger repair bills and risks of vehicle crashes.
What safety tips should motorcycle riders keep in mind when riding in autumn?
Many motorcycle enthusiasts say that riding in the autumn is the best time to ride, but there are several things that riders need to keep in mind to stay safe – in addition to all the other safety precautions riders should take (i.e. always wear a helmet, wear correct riding gear).
- Dress in Layers: The weather during autumn rapidly changes from morning, afternoon, and evening. If you are heading out for the day, you will likely encounter a few different temperatures, so it is important to dress in layers. Wearing thin layers instead of one thick one allows riders to adjust their clothes to their own comfort level as the day goes on.
- Bring Rain Gear: Autumn weather can be unpredictable. The day can start out as sunny and warm and by mid-afternoon, it’s raining and raw. Always pack rain gear when heading out for the day. Make sure the gear is actually waterproof, including gloves, because even a light drizzle can end up soaking unprotected clothing.
- Watch Out for Leaves: The beauty of autumn is the changing colors of the leaves. But those leaves fall to the ground, creating dangerous hazards for riders, especially if the leaves are wet. Leaves can cause traction issues, as well as cover up road problems, such as potholes.
- Watch Out for Road Frost: Even when the predicted weather for the day is warm and sunny, mornings in autumn usually start out with frost on the ground. Frost can cause a rider to lose control of their bike. If you are traveling in the morning, try to stay more in the middle of the road where there is less moisture and less frost.
What are the defenses an at-fault party may have in a spinal cord injury lawsuit?
When a spinal cord injury victim files a personal injury lawsuit against the party who caused the incident that injured them, the at-fault party may use the following as defense:
- Assumption of Risk: If the victim was involved in a high-risk activity at the time of the accident, the at-fault party may try to argue that since the victim chose to participate in the activity willingly, they were aware of the risk and therefore the at-fault party is not liable.
- Contributory and Comparative Negligence: The at-fault party may argue that the victim is partially to blame for the accident that injured them. Contributory negligence is when the victim was careless and that contributed to the accident and injury. Comparative negligence is when both the victim and the at-fault party were both negligent.
What damages is a spinal cord injury victim entitled to?
The purpose of a personal injury award is to “make the victim whole” as they were before the accident. For example, the at-fault party is liable for medical expenses, loss of income, and pain and suffering. But a spinal cord injury victim often faces a permanent impact on their life. There is often medical equipment and ongoing medical care needed. They may also need modification to their home to make it wheel-chair accessible, as well as specially modified vehicles. These are all expenses that can be included in the final award or settlement the victim received.
What are the most common causes of spinal cord injury?
A spinal cord injury occurs when there is some type of blow or traumatic injury to the spine. The most common causes are:
- Vehicle accidents: 42 percent
- Falls: 26 percent
- Violent acts: 15 percent
- Recreational sporting activities: 8 percent
What safety factors should a potential client look for in a stretch limousine?
Because a stretch limo is much longer than a regular passenger vehicle, it is more difficult to maneuver and control. Because the vehicle has been modified, it is critical that the brakes and tires of the vehicle have also been modified in order to adjust for the additional weight the vehicle now has.
When hiring a limousine company, you want to make sure that the company you are dealing with has a good reputation. Investigate the safety record of the company, make sure the driver is properly licensed, and check out the condition of the vehicle you will be renting.
What is it about the design of limousines makes them more dangerous than regular passenger vehicles?
The stretch limousines that we see on our roads are not produced by any of the major car manufacturers. Instead, stretch limousines are regular vehicles that are extended by cutting the vehicle in half and then inserting a longer middle section. To do this, it is not uncommon for the company making the limousine to remove safety features that regular vehicles are required to have, including easily accessible exits, reinforced rollover bars, and side-impact airbags. There are no federal safety regulations in place for a vehicle modified into a limousine.