Posts tagged with "manufacturing defect"

These are the three elements of a personal injury lawsuit

If you don’t have these three things, you don’t have a case

Personal injury litigation is a complex subject and we never expect clients to come in knowing what all of their rights are. We’re always ready to listen to someone about their experience and let them know if they have a case or not.

Every case needs to have the following chain of three things: Liability, causation and damages. If it misses one, a lawsuit is not possible. For an example, imagine a person became violently ill after eating food at an expensive vacation resort.

The three elements of a personal injury case

Liability is the first step. Did the the defendant, or defendants, act carelessly that allowed the accident to occur. For this example, did the resort staff serve undercooked or spoiled food? Can we prove that they did?

If we can prove liability, we move on to the next step: Causation. Did the negligent behavior from the defendant cause the accident or injury? It’s not enough that the plaintiff was staying at the resort and ate the food, can we show that it was the resort’s food that made them sick, and not something else? If not, the lawsuit won’t happen.

Once we have causality established, we then have to show that the plaintiff suffered real damages. Did the victim require expensive medical treatment, miss work, or suffer excruciating pain? Did the foodborne illness cause a permanent injury or disfigurement?

It’s not enough to say the patient was in danger, they must have had real damages to be compensated through the lawsuit. You can’t sue for what could have happened, it needs to have caused them to directly suffer harm.. Without liability, causation and damages, no personal injury case can proceed.

Fire may have been caused by defective equipment

When buying appliances for the workplace, Massachusetts small business owners should be careful to note that the product is safe, not subject to a recall and that it performs according to its purpose. This is because defective appliances sometimes cause serious damage, forcing companies to suffer huge losses. This was recently observed by a bakery and pie company that suffered serious damage to the nearly century-old building it was housed in during a recent fire.

According to sources, the company had installed fire suppression devices in their bakery. These devices were maintained by the same company that manufactured them. This past summer, a fire broke out in the fryer room, which was located in the center of the facility. This fire quickly spread to the entire building. Almost 100 fire fighters were called to subdue the fire, and luckily it did not cause serious injuries to any employees.

A product liability lawsuit was filed recently by the baking company against the manufacturer of the fire suppression device. Since it is not immediately clear why the fire suppression device did not function properly, the lawsuit will likely involve a lengthy investigation that will determine the relative fault of each party involved.

Property damage due to a defective product can give rise to a cause of action for damages against the manufacturer of the item if negligent maintenance or a faulty part of the device was the cause of the damage. Alternatively, some industrial equipment could be designed in a way that makes it ineffective, and in this case failing to prevent a fire is certainly a harmful defect.

Source: The Times-Picayune, “Hubig’s pie company sues fire suppression company” Paul Purpura, Dec. 26, 2012