Wednesday, 24 April 2013

Do You Have A Liability Lawsuit?

Of all the types of tort law on the books today, liability tort is one of the most common types of law that is involved in personal injury lawsuits. Despite the efforts of state and federal government agencies to make products and services safe for consumers, the sad fact is that people are injured every day because these laws and regulations are not upheld.
The term "liability" is legal jargon for "fault", meaning that a person, persons, or an entity is responsible for causing property damage or personal injury. A defendant can be deemed liable through a failure, weakness, policy, or mistake that results in property damage or injury.
There have been many high profile lawsuits recently dealing with liability of a manufacturer whose product has resulting in injury to the persons using that product. In some cases the injuries are not physical but emotional. Even if no mechanical cause of a malfunction can be found, plaintiffs often win cases simply because that same malfunction occurred when dozens of other consumers were using the product. If you have a product with which you've had a close call with death or potential injury you should check first to see if there are any class action (multiple plaintiffs) lawsuits in progress that you can become part of.

There are many areas where liability of the manufacturer or service provider results in injury and even death. For instance, if someone is at a public swimming pool or enjoying such facilities in a private setting like a hotel, the actions of the lifeguard on duty can result in the owner of the swimming pool being liable for injuries. Someone may be in trouble while the lifeguard is texting on his or her cell phone or they could be in conversation with someone while ignoring the people in their charge. In this case, if you can prove the distraction, liability is clear and the owner of the pool may have to pay damages.
Another type of liability involves products used by consumers. Selling imported products that contain lead paint can result in grievous injuries to both children and adults and leave the retailer liable for the injuries caused. In such cases they can be liable for brain damage caused by ingestion of the paint or simply the danger they have exposed their customers to. Toys or tools with parts that break and pose a danger also qualify for this type of lawsuit.
One of the most notorious products involved in liability tort is asbestos, which has been used for more than a century in various products from ships to home insulation. The manufacturers and, to a lesser degree, the providers of this product have been deemed liable for damages to consumers because the dangers of the product were known but concealed for purposes of financial gain. There are still a few products on the market that pose a danger known to the manufacturers but that are concealed for purposed of profit.
You can contact a Personal Injury Lawyer in Orlando that works with personal injury cases to see if you have a liability case that will afford you some relief from damages you have suffered. An Orlando personal injury lawyer has the experience and education needed to make sure that you get the compensation you deserve for your injuries.

No comments:

Post a Comment