Another recommendation for this San Antonio Attorney.
Last week, we had another happy client stop by for visit. Check out what he had to say:
When Should You Instigate a Product Liability Lawsuit?
The following steps will give you information about when it is appropriate to begin a product liability lawsuit and what are some of the appropriate first steps. It is becoming more common for the things we buy to be flawed in very serious ways. If a product is not trustworthy, it is important to make sure it does not remain in the market in the condition that causes harm or injury.
- In order to file a product liability lawsuit, you must know what it means for a product to be “defective.” Usually it means that a product is dangerous and does not carry the labels telling how to use the product or warn of the danger of its use.
- Always keep good documentation of what happened with the product. Make sure to save the product and be able to demonstrate its defects. If you are able to demonstrate how it caused harm under reasonable circumstances then there is very good grounds for product liability litigation.
- You should also check the warranty of the product carefully. If there was a breach in warranty, then that may also be grounds for culpability on the part of the company or manufacturer.
At the heart of product liability lawsuits is the need to ensure good quality of all goods. It would serve you and the market well to enhance the quality of all goods within it. Although it may be costly and inefficient to carry out a number of these product liability lawsuits, it is for the betterment of a large amount of people, and for the quality of goods distributed worldwide.
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Product Liability Case That Proves the Need for Litigation
Of course, we always want products that are constructed properly and delicately, but with some products, improper construction can actually prove dangerous for consumers. Naturally, instruments that aid in surgical procedures must be made according to strict specifications; if there is a malfunction in the manufacturing machinery or a lack of care in the design, there can be harmful, even fatal, side effects. If this is the case, the results can be addressed through a product liability case. The litigation process makes sure that the product construction procedures were closely examined and amended to ensure the safety of all its users.
A poignant example is the case of the malfunction of an instrument involved in a surgical hydrothermal ablation procedure (HTA). In this procedure, warmed saline solution is circulated through the uterus. It changes the composition of the uterus’ lining to prevent excessive bleeding, a condition suffered by over 2.5 million women. The procedure helps to relieve problems of low energy and low confidence in cases where the amount of bleeding is extreme. During this specific case, the instrument inserted in the uterine cavity malfunctioned and gave the woman extreme burns in a very sensitive area. During a sensitive procedure such as this, it was very important to have reliable instruments that will relieve discomfort; instead, a huge amount of pain and discomfort was caused.
Through the product liability case that was pursued in this circumstance, the woman had all of her medical expenses paid and received a large settlement from the manufacturing company. The company was also forced to review their methods of construction. Product liability cases like this one help to keep companies in check, making sure that they take the necessary precautions to create a reliable product. In some cases, companies must be reminded through litigation that their customers’ health and safety are at times dependent on the delicate construction of their products.
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Mortgage Scams: What Are Leaseback or Repurchase Scams?
Leaseback or repurchase scams target lower-income people who are having problems paying for the cost of their homes and mortgages. They arose during the early 2000s as a result of the subprime loans given by financial institutions to people who struggled with bad credit. Because of the rise of subprime loans, the market for equity trapped in indebted property arose in the form of mortgage scams.
Because so many individuals and families were racked by financial difficulties, these home repurchases seemed a welcome reprieve; homeowners would be released from their crippling debt if they gave their homes away. In the end, though, the homes often changed hands multiple times, leaving the tenants with exorbitant rental prices, unable to buy back their homes.
Certain people were particularly vulnerable to these scams because their debt had grown so large that the ability to decrease it was a logical opportunity. The lenders offered “miracle refinancing” or a chance to “save their home” from foreclosure. These words led the families to relinquish ownership of their homes to individual agents. A home that is going into foreclosure is broadcasted to these “rescue artists.” They offer the family or individual a plan that would appear to take away their hard dilemma, at first, but these agents didn’t actually have homeowners’ best interest in mind, and these unfortunate families “saved” nothing.
At its core, mortgage scams are concerned with the refinancing of a home that has become burdened with debt. But the harm they do is blatant. It is always important to keep in mind that it is better to have control over one’s property, even if it is saddled in debt. Often money lenders and other businesses are only looking at the money, not at the consequences for you or your family. Always go to unions or banks to figure out a solution that does not involve refinancing or giving away your home. If you’ve been a victim of one of these mortgage scams, call de la Riva Law Firm today; we can help!
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10 Things You Should Know About Car Accident Litigation
Insurance companies do not necessarily serve people well, and often, this becomes readily apparent in the event of a car accident. Here are ten things you should know before beginning the process of car accident litigation:
- At the scene of the accident, always record the names and telephone numbers of witnesses. They may be wonderful assets to ensure that you are not saddled with responsibility for an accident that was not your fault.
- Get a business card from the police officer who comes to the scene. Make sure you know the accident number he or she assigns to the case.
- Do not admit fault for the car accident! Admitting that you are at fault automatically assigns yourself all of the economic and legal responsibility for the accident.
- If the design of the road is at fault in the accident, you could contact the governmental agency in charge, and they may take responsibility for all or part of the accident.
- Be sure to check your state laws for “no-fault” auto insurance laws. Often these laws mean that there is no consideration as to who caused the car accident; either way, your insurance is given the responsibility to pay for the claim, with the at-fault driver being charged higher premiums. This may mean that there is no need for you to seek car accident litigation.
- There may be a time limit for filing an insurance claim—make sure that you do not miss this time limit. Otherwise, your claim might be considered invalid.
- Never sign waivers or deposit insurance company checks without reading them thoroughly. If there is something you don’t understand, make sure you do. Seek help from an attorney.
- Insurance agents may underestimate the amount of damages you incurred in the accident. Always be wary of the figure your insurance agent gives you. You may have another agent look at it or research common claims for the type of accident.
- Sometimes insurance agencies check credit histories and charge more for those who have worse credit. It is important to have a reliable estimate of your credit and make sure that there are no errors.
- Last but certainly not least, never take your insurance agent’s advice as the last word! Research everything yourself, seek other opinions, and make sure you are making the right decisions.