Defective Products

Traffic Accidents

Workplace Accidents

Defective Products
Look around you and observe the wide array of products used every day, with almost no thought given to whether or not they are safe to use. The same applies to products we use at work. We just assume they will work, and will work without presenting any harm to us.

However, some of these products can and do cause very serious injuries and even death. A wide range of laws and regulations, some promulgated by industry trade groups or governmental agencies, are by and large responsible for the number of products which are safe to use. There are products, though, that have not been thoroughly tested or inspected, contain manufacturing defects, or do not have meaningful instructions or warnings. The consequences of these defects may be horrifying permanent injuries, disfigurement, disease and even death. Some defective products cause injuries years after use and may adversely affect body functions and vital organs.

Should such an injury occur, a claim for compensation is best made only after a thorough investigation of the facts and circumstances surrounding the injury. For example, the product safety history is always important to discover. Saving and preserving the product, or what remains of it, is critical. Witnesses need to be identified and their observations must be evaluated. Most often, experts such as engineers, metallurgists, doctors, scientists or researchers are needed to help evaluate and properly address product liability claims. Forming a clear understanding of the design, manufacturing and marketing processes is usually necessary.

A product liability claim is typically expensive because of the time required to prosecute it and because of the experts assisting with the claim. Most cases cannot be assembled quickly, either. It takes considerable time to gather the facts, obtain expert help and make decisions as to the proper course for the claim or litigation. All parties, particularly the injured parties, are well served by early counseling with an experienced attorney. Proper management of the claim is essential to obtain a favorable result.

Traffic Accidents
Not surprisingly, the most common insurance claims and sources of civil personal injury litigation involve traffic accidents. Government statistics gathered in 2001, the most recent available, document approximately 3 million injuries from 2 million crashes. Over forty-two thousand people died in traffic accidents in 2001. Claims for property damages and personal injuries from traffic accidents range from minor to catastrophic. The complexities of the claims and cases vary accordingly.

Even in minor or moderate injury claims and cases, medical evidence and testimony will be needed. In major injury cases, medical evidence may be the most important part of the case. Further, the investigating police officers or accident reconstruction experts will have opinions as to the cause or causes of the accident. On occasion, drivers causing the accidents will be either uninsured or underinsured. If you have purchased Uninsured Motorists Coverage in your automobile insurance policy, your loss will still be covered. Depending upon your state's uninsured motorist statutes, you may be able to join both the uninsured motorist and your insurance carrier in one action.

Your best bet is to contact an experienced attorney to discuss the remedies available to you. Impaired drivers cause unnecessary damages and injuries. From the perspective of the injured parties, claims become a bit more complicated with the additional evidence and w itnesses, but the available remedies are expanded. In Georgia for example, an impaired driver may be held liable for punitive damages in excess of the statutory cap of $250, 000, in addition to being responsible for ordinary compensatory damages. From the perspective of the impaired drivers, not only are criminal sanctions pertinent, but serious financial penalties are quite possible. Additionally, employers are well advised to closely monitor employees whose duties in clude operating vehicles and heavy equipment because they, too, may be subject to the imposition of punitive damages when their employees are impaired and cause injuries.

Workplace Accidents
Some of the most devastating injuries to families occur in the workplace. Complicated and dangerous machinery, hazardous conditions, exposure to hazardous chemicals and materials, and even onÑduty traffic accidents can cause injuries to spouses and parents and thereby rob families of their sole means of support. Almost six thousand families lost loved ones in occupational accidents in 2001, the most recent year of available government statistics. Where do these accidents happen? According to the National Institute of Occupational Safety and Health, about one-fifth occurred in the construction industry, where work conditions can be extraordinarily dangerous. Some forty percent occurred during transportation operations, sixteen percent were caused by objects and equipment, and thirteen percent were caused by falls. Most surprisingly, fifteen percent of workplace fatalities came from, of all things, assaults and violent acts.

Who is responsible for workplace safety? Most safety experts would respond, "Everyone." Employers with sophisticated safety departments empower each of their workers to suggest or even make changes in the workplace to enhance safety. Safety officers, union stewards and supervisors can help scout out hazardous conditions and provide remedies for them, whether in the form of safety equipment, warnings and protection, or better procedures and protocols. Nearly every workplace injury gives rise to rights and remedies under existing workers compensation laws. Injured employees must provide timely notice of injury to the employer in order to start the claims process. With some exceptions, injured employees are entitled to receive medical and rehabilitation expenses, partial or full income benefits, and may even be eligible to receive lump sum awards based on impairment ratings assigned by medical doctors. Employers may contest responsibility for these items. If the parties cannot resolve their differences, hearing procedures are provided in the Workers Compensation Act. Besides recovery under workers compensation laws, workplace injuries can give rise to remedies under traditional state civil laws. For example, if the injuries were caused by someone other than a fellow employee, an action for negligence may be available. Likewise, civil claims may flow from injuries caused by defective and unsafe machines and tools, from exposure to harmful chemicals, or against a third party for creating or permitting an unsafe condition on the work site. Identifying potential state civil remedies and liabilities is not a task for anyone other than an experienced lawyer. Evidence needs to be gathered, witnesses need to be identified and interviewed, and experts may need to be retained. Particularly with workplace injuries and the sometimes transient nature of the work, valuable evidence may be lost and important witnesses may be several states away shortly after the accident. Inaction after accidents may very well result in an unfavorable legal outcome, or even the loss of the right to make a claim in its entirety.