Personal injury resulting from a product falls under the category of strict liability. Strict liability refers to injury resulting from products whereby the manufacturer may be held responsible because of one or more reasons, including: 1) safeguards in the design of the product failed to protect the injured party from harm despite cautious use 2) failure to design the product through an alternative that would offer better safety mechanisms, 3) the omission of warnings that would otherwise allow for reasonable use of the product.
Product liability may result from food poisoning (such as ecoli and liceria), pharmaceutical drugs, defective toys, playground equipment, recreational apparatus, dysfunctional components in machinery, motorcycles, ATV’s, cars, trucks, strollers or any other product in the marketplace. This may also refer to products that release harmful chemicals such as PBC’s, mercury, lead, asbestos,benzene, and mold.
Personal injury attorneys can assist individuals and serve the public in several ways, including:
1. Aware of technical bulletins and recalls associated with defective products
2. Report defective products to help create awareness about hazards associated with certain products. Understand how to preserve evidence from tampering or destruction.
3. Advocate for large groups and contribute to keeping the public safe from harm.
As Rich Ruohonen, Attorney at Law, Minneapolis, Minnesota, of Pritzker, Ruohonen & Associates, PA. warns, “Manufacturing companies may not be aware of the hazards associated with their product. Consumers can actually help prevent defective products
from causing injury to others by reporting questionable products to the Public Health Department, the Consumer Product Safety Commission and/or other proper authorities.”
Pharmaceutical Drug Damages:
Liability on pharmaceuticalcompanies occurs when t heir drugs cause harm to individuals taking the drug.In fact, the number of pharmaceutical drugs causing health problems and the types of health issues resulting from certain drugs has risen over recent years. As Steve Fields, Attorney at Law, Minneapolis, MN, explains, “It is wise for consumers to be proactive about their healthcare. This equates to doing your own research about medications which can provide stronger outcomes through better informed decisions. The lesson of Trasydol, which resulted in many preventable deaths, should send a message to all that pharmaceutical drugs require ongoing evaluation.”
Construction Accidents:
Construction accident liability may involve the company hired to perform the construction contract such as a construction firm or general contractor. Accidents can occur to many types of workers and the types of injuries can be life changing in many ways. According to the National Institute of Occupational Safety and Health, 17,000 construction workers were killed because of injuries they received while on the job. Falls are the most common type of injury in construction work. As Michael Gunzberg, Attorney at Law, of New York, New York warns, “Construction workers should verify that appropriate safety equipment is being provided and utilized by the general contractor or construction firm for whom they are employed by. For example, construction workers operating on buildings should be equipped with safety harnesses, safety lines and safety nets. Too often I see less than all three types of equipment being utilized during construction work. This can be extremely detrimental to a worker should a fall occur.”
