Posts made in February, 2014


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.

Read More

What Chapter 7 Bankruptcy Law Is


Posted By on Feb 4, 2014

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?

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. For more information on the law, contact a Cincinnati Bankruptcy Attorney today.

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.

Read More

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 Kirker Davis LLP, 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.

Read More