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.

Personal Productivity Tips – 3 Ways to Improve Personal Productivity

For today’s busy professionals, productivity is everything. With deadlines looming, product launches coming at us left and right, and a never-ending list of work to complete, it’s absolutely essential to get that work done at the right pace, with the right mindset and to the right level of quality.

There are hundreds of methods out there to improve personal productivity, but all too often they involve sacrificing work quality or lifestyle to achieve. These three tips are completely different.

They’re not about churning out bad work at breakneck speed, they’re about maximizing work speed and quality.

Personal Productivity Tip #1: Use mini to-do lists to boost output.

Sometimes you need affirmation and confirmation that you’re getting work done. By writing simple to-do lists for yourself, you can give yourself a visual confirmation of the amount of work that you’ve achieved, and clearly lay out what you still need to complete.

Try it for yourself — simply make a short list of items on a piece of paper and tick them off as you complete each milestone. Try to keep each list under five items, for too many will cause you to procrastinate and put off work.

Personal Productivity Tip #2: Work at your peak hours.

Sometimes we just don’t feel like working. For some people, there’s a daily cycle of activity, work quality, and personal motivation.

Instead of trying to change these behaviors, it’s often best to work with them. Find your peak working hours and work within them to maximize your productivity and output.

Personal Productivity Tip #3: Don’t use too many tools.

There are hundreds of tools out there that promise to increase personal productivity, but very few of them really do.

Sure, you may speed up some aspects of your work, but more often than not you end up investing too much time in the tool to see any benefit.

Pick and choose your productivity aids carefully, and don’t invest too much of yourself in the assistance of productivity tools.

Productivity and Motivation

Motivation and productivity are two interrelated concepts, the latter fuels the former and the former is the ending result of the latter.

Productivity is a measure of performance to show how effective an organization can turn its resources into products (or services) intended.

Measure

Productivity is known as a relative measure despite its many forms, since being used for comparing the effectiveness of many different entities. These may be individuals, countries or organizations.

Productivity can show how effective an organization can transform the inputs into the outputs. Usually it is expressed as a ratio output/input in the manufacturing area.

What Multi-factor Measurement is

Productivity may be stated as multi-factor measures, partial measures or overall measures.

Partial productivity is single input. (for calculate products (or services) produced per hour, per plant or per worker etc.)

Multi-factor productivity measures can show the use of multiple inputs (for example output units in the total of labor, energy, capital or production units in the total of labor and materials).

What Productivity Motivation is

Productivity motivation is in relation to the way for motivating a person is performing an activity or task. Improvement programs for workers are based on the way to motivate workers to improve productivity.

Some organizations nowadays offer their workers the recreational activities and sports, leisure and fitness activities and several programs orienting to family.

This approach to increase the performance of employees can capitalize on quality measures such as value, quality circles, Total Quality Management (aka TMQ), performance and innovation standards (on-time delivery, profitability, customer satisfaction, efficiency) as well as bring a variety of team and personal incentives and rewards.

General Knowledge of Mutual Reward Theory

Mutual reward theory (MRT) is known as a very incentive program to help their employees of an organizations or company achieve their goals. This is achieved while meeting production goals of the company.

The greatest rewards are obtained when profits are optimal for all people. Generally, productivity is proportional to the success degree of MRT directly.

How to Calculate the Growth of Productivity

The growth of productivity is known as the measure of the sum of services and products produced within a given period of time. First, it is necessary to determine a standard. Next, the standard (or benchmark) can become the measure against that most of productions in the future will be measured against.

The annual growth rate In a country is being observed. The growth rate of productivity may be proportional to the people’s wealth directly. If the productivity levels increase, so the buying power of people increase too. The sum economy can benefit from the increase in turn.

Most valuable resource

Many researchers of productivity agree that people are the most valuable of all resources of the world. It has been suggested training and education are responsible to raise the productivity levels of individuals.

The researchers of productivity also suggested that achieving expertise through training and education could be maximized by the development of the ones wanting to work and learn and improve continuously at their potential.

Motivation

As there are motives for employees to be proud of who and what they are working for, these employees are able to add a remarkable value to the company or organization. They are able to contribute more to the productivity for themselves, their company or organization and the economy in general.