Strict product liability is the absolute responsibility for damages or injury given to a person or party even without proof of fault or negligence. This is a legal responsibility from anyone involved in the chain of manufacture of a product that caused damages or injury to a consumer. Strict liability does not depend on the level of caution or care of the defendant, but then defendant is held liable so long as the product is proven to be defective.
In most tort cases, the key factor is proving negligence or fault through the standard of action of the defendant. To be guilty of negligence typically means the plaintiff should present evidence of any conduct or manner that is below the expected standard of care of an average reasonable person. This rule does not apply to strict liability claims. Strict product liability disregards any inquiry on the standard of conduct of the defendant; it has replaced the “standard negligence rule” because it has been too difficult to establish fault or negligence on the part of the manufacturer.
For strict liability case, plaintiffs should be able to show that the product was marketed in a dangerous condition and that the marketer was aware that the consumer will receive the product without any changes on it. It is also important to show that the defective product caused injury to the plaintiff or his property. Although the state has accepted the strict product liability law, the manufacturer is not automatically liable. Some situations where the plaintiff can be at fault includes him using the product knowing there is a chance of injury (assumption of the risk), an event or person have interacted that may have been the real cause of the injury, or the plaintiff’s own carelessness contributed or is the actual cause of injury.
Those who can be sued for strict product liability include manufacturers, retailers, and distributors. Any of these can be the defendants in the personal injury or product liability claim, and once the case has been filed, it is then the responsibility of the defendant to prove who among them are really at fault and who should pay compensation for the damages.
Individuals caught in overwhelming debts are usually stressed enough to still be able to figure out what can save them or what they can do to save themselves. To many, the thought of having to sell everything they have painstakingly worked for is just too painful a thought – but what else is there left to do?
Maryland’s Chaifetz & Coyle, P.C., states in its website that people, who may even be “facing the possible loss of their home” due to the mounting bills and debt that they are no longer able to pay, actually have various legal options which will help them regain control of their financial situation – one of these is through bankruptcy.
Obviously, people who still get caught in the kind of predicament mentioned above have not heard of the bankruptcy law yet. Bankruptcy is one legal solution that individuals or businesses, with overwhelming debts, can use to help them control their finances again. This law will also actually allow them to declare their inability to keep paying individual or business debts that have become unmanageable. But other than this, having a bankruptcy application recognized by the court will mean immediate cessation of whatever form of harassment (in the form of e-mails, phone calls, letters, text messages, lawsuits and others) law firms and debt collectors use to force debtors to make payments.
There are different options in the bankruptcy law, each intended to address a person’s or business’ particular needs. To be able to assess your situation well and so make the right decision, it is best that you are assisted by a well-versed bankruptcy law attorney. If you own a firm, then your attorney may tell you that filing for Chapter 7 bankruptcy may be the best legal option for you in settling your debts.
Specifically, Chapter 7 bankruptcy is a liquidation bankruptcy method that is best for people who have properties, but whose salary or income does not go above the stipulated limit in the chapter. As the definition suggests, this law will require the liquidation of a few of your properties (you can choose specific properties, though, that should not be sold). The selling is to be done by a court-appointed trustee who will also distribute the amount earned to your creditors. Debts to be paid are only those categorized as non-dischargeable, such as court fines, alimony and student loans. Medical bills, business and personal loans, debts due to use of credit cards are called dischargeable debts, meaning, the court may free you from the obligation of still paying these.
One requirement this law has is the means test, which applicants need to pass. The means test is a way to determine if your income is low enough to qualify you to seek protection under this specific law.
The assurance of supporting a child in all his/her needs is assured through child support, a regular (can be monthly) and timely financial assistance paid by one parent to his/her former spouse who has custody of their child. Child support is meant to cover the basic needs of the child, including food, shelter, clothing, education and health care. The parent who makes the payment is called the obligor, while the one to whom payment is given, who also has custody of the child, is called the obligee.
Courts usually rule that payment of child support be done only until the child turns 18 years old or reaches the age of emancipation. There may be instances, however, wherein the court would require the obligor to help in the child’s further financial needs, such as advanced education, dental needs, medical treatment and/or vacations.
Like in determining the child’s rightful custodian, courts also consider essential factors in deciding the amount the obligor has to pay for his/her child’s support. Some of the factors considered are the child’s age and cost of his/her needs, the capability of the obligor to pay and the parent’s present income. This obligation of divorcing spouses, to support their biological child/children, is specified in the Child Support Enforcement Act of 1984.
On its website, the Law Office of Daniel Jensen, P.C., points out the great importance of making sure that the child is never deprived of his/her needs, especially of his/her basic needs; it also says, however, that providing support should never be a burden to the paying spouse. With their differences in interests, many parents find it so hard to come to an agreement. Thus, when settling this divorce-related issue, it is often necessary that everything is settled through the help of a family law attorney who will help each reach an acceptable agreement without compromising their rights and their child’s interests.
Child custody is a decision pronounced by a court as to who between the divorcing or separating parents ought to have control and responsibility over the child (who is below 18 years old). Before the 1800s, due to matters that concerned property law and inheritance, child custody was automatically awarded to the father. Courts reconsidered their position on this matter, however, and concluded that custody ought to be given to mothers since they can take care of their children definitely better than fathers.
This maternal preference of courts, which was called the Tender Years Doctrine, gave mothers exclusive custodial rights over young children during divorce, and this went on until the 1990s, until it was deemed unconstitutional in 45 states. The gender-neutral custody law finally replaced both practices.
Though states may differ in the factors considered when deciding who ought to have child custody, one rule is observed by all – that the decision should be made in consideration of the best interest of the child. Due to this, if the court sees fit, custody may even be awarded to both parents, to make sure that the child never loses communication and is never deprived of the love and time of both parents.
According to the website of the San Jose Law Office of Daniel Jensen, P.C., there are cases when one parent is deemed unfit by the court, so that allowing the child to spend time with him/her would only cause greater harm than good to the child. In this instance, it would be obvious that such parent will be denied custody of his/her child.
Being deemed unfit by the court can be due to various reasons, including alcohol/drug abuse/dependence, child abuse, failure to provide the child’s basic needs, causing the child to experience physical and/or mental danger, abandoning the child, and being charged with a crime in Houston.
Some hold the belief that those charged with a crime does not automatically make them bad or unfit fathers. Just like the fact that robbers are not outright liars. To prove this, though, and to convince the court of it, one should have convincing proof and a really good family law lawyer who understands his/her situation and is determined to fight for his/her case in court.
Risks are part of everything that we do, even when vacationing, so, one says. But just how much risk is one willing to take, considering the fact that some risks not only cause injury but death too? Danger may just be greater if you come face-to-face with it in the middle of the sea, while on a holiday cruise vacation, with nowhere else to go to, except, probably, in the confines of your cabin.
According to the Cruise Lines International Association, which embodies 26 cruise lines, more than 11 million cruise bookings were made from the US in 2011. This is due to the remarkable advertisements presented by the cruise industry, saying that no other week-long vacation can be safer, cheaper, more fun, relaxing and exciting, than one spent on any cruise liner.
Though it agrees that going on a cruise is a popular vacation option for families and individuals, the Vucci Law Group, P.A., also knows that passengers can be exposed to unique dangers and injuries while out at sea.
The “Safe Return to Port” regulation on all ships, which will render a ship capable of carrying passengers safely back to port after an accident, has increased the safety of passengers since 2010. This regulation is just one of those enforced by Safety of Life at Sea (SOLAS); another directive was equipping new cruise ships with international standard facilities, like a self-sufficient clinic with well trained medical personnel.
Other than collisions and fire, sea storms or hurricanes and rogue waves also present deadly situations, oftentimes, much deadlier than the first two. Cruise lines, as well as the National Oceanic and Atmospheric Administration (NOAA) and the National Hurricane Center, monitor and give advisory regarding weather changes and approaching storms or hurricanes. And when a hurricane approaches, the safest place a cruise ship can be at is far out to sea, far from the storm and its path.
When caught in a storm while at sea, however, the mass and the size of the ship are the ship captain’s advantages. Bigger ships mean heavier steel materials and greater capability in riding out nearly all storms. But it is important that a ship is veered away from the storm as fast as possible since continuous beating by huge waves for long periods is enough to sink even the largest existing ship.
Intensive research and tests are required before a pharmaceutical company is able to produce a drug that would help treat or lessen the worsening effects of serious illnesses people are suffering from. And even before gaining approval from the US Food and Drug Administration to be made available to the public, clinical trials should show that this newly manufactured drug has manifested the benefits it claims to provide.
The various prescription drugs that have been previously approved by the FDA to treat type II diabetes have certainly undergone research and clinical tests. These have also been proven effective, until a few years after being prescribed to millions of patients, when serious side-effects or death were linked to these. Though some of these drugs worked much better than the ones they preceded, as well as effectively slowed down the worsening of diabetes just as their manufacturers said, the serious injury these have caused cannot be denied. Thus, rather than easing the condition of diabetics, these have been the cause of more life-threatening health conditions.
Byetta (exenatide), which was approved by the FDA in 2005 for type II diabetes patients, is another drug that has been linked to serious side-effects. On its website, Williams Kherkher gives valuable information about this drug, how it works and the danger of using this medicine that is injected into the body twice a day, specifically, “within 60 minutes of the first and last meals.” It goes on to says that, after being injected on the arm, thigh or abdomen, Byetta mimicks the natural hormones of the body for insulin production. Though effective, it has been linked to health risks, such as development of pancreatic duct metaplasia , the cause cancer in the pancreas. This same information is reported by the FDA Drug Safety Communication.
It has been reported that between 2005 and 2008, close to seven million patients had been prescribed with Byetta. It was also during these years when 78 cases of kidney failures and other kidney-related problems were reported to the FDA. Specifically, in 2007, higher risk of developing acute pancreatitis was linked to the use of Byetta. Acute pancreatitis, which is inflammation of the pancreas, is a life-threatening condition.
Other common side effects of Byetta include nausea, vomiting, hypoglycemia, or low blood sugar (this happens when Byetta is used with other diabetes drugs), diarrhea, dizziness, headache , upset stomach or heartburn, feeling of weakness, decreased appetite, increased sweating and Gastroesophageal reflux disease (GERD).
After reports of the injury or side effects caused by Byetta were communicated by the FDA, majority of the patients to whom the drug has been prescribed stopped using it. Many of those who stopped were also reported to have had improvement in the function of their kidney.