What a Lawyer Must Prove to Win a Product Liability Case

Thousands of injuries occur each year in the United States from defective or dangerous products. Victims of dangerous defective products have legal protection under product liability laws throughout the country. These laws govern the legal rules that determine who can be held liable for the defect or danger to consumers.

In general, products sold to the public are required to meet common expectations of consumers. When those products have an unexpected defect, common expectations of consumers are not met.

More than one party could be held liable for injuries that occur from consumer use of a defective product. This includes all sellers that are part of the distribution chain for making the product. Parties that are potentially liable for a defective product include the manufacturer, parts supplier, wholesaler and the retail store from which the product was purchased by the consumer.

The type of defect will determine who is responsible for a liability claim. All of the specifics related to a product liability case may differ among states. However, there are certain elements that a lawyer must prove to win a product liability case for his or her client. These elements include:

  • Injury and/or loss was caused by the product
  • Product was defective
  • Manufacturer’s error led to flaw in product
  • Manufacturer failed to warn consumers about potential dangers
  • Product was used correctly

Product Caused Injury and/or Loss

An actual injury or loss is a crucial element for a lawyer in proving a product liability claim. Specifically, the injury or loss must be a direct result of the product’s defect. In some cases, demonstrating the link between an injury and product defect is straightforward. In other cases, proving that the defect caused the injury or loss is not so easy.

For instance, a client was injured in a car accident while driving a vehicle prone to flipping over. If there is evidence that the client was speeding when the accident occurred, the manufacturer could argue that reckless driving – not the design of the vehicle – caused the accident.

However, a client could suffer third-degree burns when a brand new electric tea kettle explodes because of a hairline crack. The client did nothing out of the ordinary while using the tea kettle and could have a strong injury claim.

Product is Flawed Due to Manufacturer’s Error

In addition to proving that the product caused an injury or loss, the lawyer must also prove that the same product is defective. For some cases, the defect could be the result of a problem at the manufacturing plant. For others, the defect is within the product design, which means that the entire product line is dangerous for consumer use.

A lawyer might have a harder time proving that there was a flaw in the product design. The most likely scenario is demonstrating that an unreasonable design created the danger. However, a product that has potential danger is not automatically a judgment against the manufacturer or supplier when an injury occurs.

There are times when designing a product in a cost-effective or reasonable way is not feasible. Consider the potential dangers of vehicle air bags. While they can cause serious injury to a driver or passenger, they can also save lives in certain collisions. Car manufacturers would argue that when alternative outcomes are considered, air bags are not unreasonably dangerous.

Manufacturer Failed to Warn Consumers of Potential Dangers

Typically, a lawyer might have a better chance at proving an injury or loss occurred from a defective design when the average consumer is not aware of the dangerous quality. A ruling in such cases may depend on whether the manufacturer failed to warn consumers of the potential dangers. The manufacturer or supplier must show that instructions and warnings were reasonably sufficient.

In this case, a client might suffer third-degree burns from an electric tea kettle because the steam valve is concealed by some part of the product design. An average consumer would expect to find a visible spout from where steam is released. Instead, the steam valve is placed in an inconspicuous area, which strengthens a defective design claim.

Proving defective design is problematic if the tea kettle included bright red stickers printed with the word “caution” and the user manual included warnings about the steam valve position. The legal question now becomes whether the warnings were adequate.

Injured Client Used Product Correctly

Generally, the lawyer’s client must use the product correctly; that is, the way the manufacturer intended the product to be used. Continuing with the tea kettle example, an example would be if the explosion occurs when used to heat water for an outdoor kinds’ pool is not the intended use.

If the kettle explodes and causes burns, the lawyer may not be able to prove manufacturer liability. The manufacturer is not required to make the tea kettle safe for use with an outdoor pool.

However, this does not mean that use of every product must conform to the manufacturer’s specifications. The key is proving whether the average consumer would or would not use the product in the same manner as the client. If so, the lawyer has met the reasonable expectation of use requirement.

Winning a product liability case involves deciphering often complex circumstances and establishing a good legal theory. A lawyer who is knowledgeable of product liability law and the litigation process will craft a strategy to prove the case. An immediate investigation into the facts surrounding the case could expose obvious defective issues. Further, expert testimony is often essential in proving that a defective design caused an injury and/or loss.

All You Need to Know About Production

The objective of any business firm is to maximize the difference between total revenue and total cost. This requires among other conditions that the firm purchases and combines factors inputs in such a way that the total cost of producing any particular level of output is the lowest possible figure, given existing technological and institutional conditions. The word production means manufacturing.

Production in the wide sense includes other activities that do not imply manufacturing of physical commodities. This is because the manufacturing of such commodities will be useless until they get to the consumers who need them for their satisfaction. This includes the process of getting goods manufactured to the final consumer such activities includes transportation, distribution and marketing. In addition , services which does not involve the “creating” of physical goods but which goes into adding to the satisfaction or utility of human beings are included in production and all these lead to the satisfaction of consumers and therefore, they are all part of production. A production process is the set of all activities that are required to convert a set of inputs (human resources, raw materials) into desired output such as finished products and services. Production therefore is the conversion or transformation of input into desire output.

WHY YOU MUST UNDERSTAND THE KEY ASPECT OF FACTORY PRODUCTION

There are major key aspects or let me say types of production namely: job production, batch production and flow production. It is possible that these keys speech of production are utilized in a factory at different stages of the production of a product. JOB PRODUCTION: is the manufacture of a single complete unit of a product by an operative or a group of operatives and a number of such products can be worked upon simultaneously by different groups of workers. Each group of workers will complete work on the unit before taking up another.

BATCH PRODUCTION: batch production requires that the work on any product is divided into parts or operations. And that each operation is completed through the individual units making up the batch before the next operation is under taken.

FLOW PRODUCTION: is the processing of the materials continuously and progressive. Thus, their is no idle time as in batch processing since work is complete on a unit at a stage of production, it is moved on to the next stage without waiting for the other Items in the batch. It is necessary each operation or manufacturing stage is of equal length, and there is no moment off the production line; inspection is located within the flow production line and the inspection function does not occupy more than the unit operation time, all stages are balance, the correct material, plant and equipment is provided on time and maintenance is by anticipation not default.

SEE THE TYPES OF GOODS IN PRODUCTION

The goods in production can be classified in various ways, such classification includes: capital goods, consumer goods, durable goods and non-durable goods.

CAPITAL GOODS: these are goods needed for the production of some other goods such as machines, equipments.

CONSUMER GOODS: are those goods that are needed for the satisfaction of immediate wants, such as food stuffs.

DURABLE GOODS: these are goods that can last for a long period of time and can therefore be used as many time as possible such as furniture, electronics.

NON – DURABLE GOODS: these are goods which have shot life spam and can therefore be used probably only once or a few number of time such as raw materials generally.

KNOW THE PRODUCTION FUNCTION

Supposing the maximum amount of any production that a firm can produce with any given collection of factor input is determined by prevailing institutional circumstances and by the existing state of technical knowledge. The relationship between the inputs and the outputs is expressed symbolically by a production function of the general form Q=F(V1 V2 Vn) where the variables V1 V2. Vn represent quantities of various factor input and the variable Q represent the maximum output that the firm can produce with a giving set of the input variables. It is assumed that the effect of an increase in any of the input variable is at least up to some limit to increase output. It is also assumed that the proportions in which various factor inputs can be combined to produce a given quantity of output are normally variable. Cases of fixed proportions (at least among ingredients) are found in certain chemical processes; but otherwise, experience indicates that input proportions can be varied significantly with output at a constant level.

FIND OUT ABOUT PRODUCTION LIFE CYCLE

The essence of successful new product introduction of simplification may lie in the appropriate timing of the action. The characteristics of a generalizing product life cycle. The product life cycle is an important tool for analysis and planning of the market activity, it shows the trends in sales and profitability of a particular product over its life cycle. This life spam further has clearly separate stages just like the life of an individual human being.

SEE MORE ABOUT STAGES IN THE PRODUCTION LIFE CYCLE

There are four major stages in the production life cycle these are: introduction stage, growth stage, maturity stage and decline stage.

INTRODUCTION STAGE: this stage will be dominated by the need to establish the product in the market by building buyers and distributors’ awareness of the product and its benefit, consumer advertising and trade promotions will be important in this initial communication process.

GROWTH STAGE: once successfully established, the new product may begin to enjoy rapid sales growth which along with the lack of competition may make this the most profitable stage of the life cycle of the product. The growth stage should be managed so that a full demand base is built in market; there is selective building of customer demand at the expense of existing or substitute product types marketed by competitors.

MATURITY STAGE: it is essential to company profitability and cash flow that , the stage be prolonged for as long as possible for well established products and brands this should be a time for consolation in the market place is mainly concerned with market share, so critical marketing activities need to be managed. To maintain product distribution and customer access to the product, to maintain customer loyalty to the brand or product and hence the race of re- purchase.

DECLINE STAGE: ether for reasons of technical obsolescence, changes in customer or Trade attitudes towards the product over familiarity with it or the emergence of a better product elsewhere in the market; a stage may be reached when sales and profitability start a consistence and perhaps irreversible decline. Once management has recognized and accepted the inevitable, he should withdraw all expenditure on the product above its variables cost of production, and perhaps raising its price.

SEE THE PRODUCTION FACTOR:

Production factors are the agents, inputs or resources used in the process of production. Without such factors, productions may not be possible. However, it is not production factors themselves that are of much importance but the services that such factors could render in production. These production factors includes: land, capital, entrepreneur and labour.

LAND: is the earth and all the natural resources found in and on it. Such resources includes: forest, rivers, minerals and even it includes such thing as sunlight. Land is the final source of all materials because any commodity can be ultimately traced back to the land. The reward of land is rent. The term land is used in the widest sense to include all kinds of natural (as distinct from man-made) resources.

CAPITAL: could be as all forms of wealth that are set aside for the production of further wealth. Thus, capital represents the collection of wealth that are not needed for immediate consumption. Capital is also described as a derived factor because capital has to be produced before being used to produce commodities.

ENTREPRENEUR: is a person who initiates, organizes, control and directs the process of production and bears the resulting risk in the production process. An entrepreneur is the business organizer and the one who combines other factors of production for maximum output. The shapes of the curves in this figure are based on a normal distribution. The actual shape of the curve and the length of duration of the four constituent stages will of course, varies for each production or brand.

Business Casual Outfits – 5 Business Casual Ideas That Work

Are finding business casual outfits causing you to tear your hair out in the morning? Do you stand in your closet, looking for business casual ideas?

Business casual is the merging of two types of attire – business dress and casual clothing. The challenge is that when people try to combine these styles, the clothing choices are almost limitless.

So how can you put together business casual outfits that make you look good? Here are 5 tips for success.

1. Don’t think that anything goes. The biggest mistake in creating a business casual wardrobe is to think that you can just throw on anything you like. That may work for a few days. But you’ll soon find that you are running out of things to wear.

2. Plan your wardrobe. You have to plan your business casual wardrobe in the same way you plan a business formal wardrobe. You have to think about your needs, your body shape and personality, and your work environment. Then you have to shop carefully to put together a wardrobe that won’t cause you grief every morning as you wonder what to wear.

3. Capsule Wardrobe: The best way to do this is to create a capsule wardrobe based on a neutral pallet of navy, grey or black. Put together a few basic such as a jacket and pants or skirt that fit you well. Now you are all set to add color and accessories to suit your work style. This way you always have something to wear, and you’ll know that all the parts of your outfits work well together.

4. Keep a separate wardrobe. Don’t mix your weekend wear with your business casual wear. You’ll end up wearing clothes that you wore to walk your dog or buy groceries on the weekend. Then if you don’t have time to clean and press them, you’ll look less than polished and professional at work.

5. Keep your outfits simple. Pair a crisp shirt or blouse, or a nice sweater, with pants or a skirt that fit you well, in a neutral color. Add some accessories, such as a good watch, classic necklace or earring for women, a good leather briefcase or handbag, and you’re set for the workplace.

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