News
[07/02]
Continental Tire The Americas Announces Investment to Strengthen Presence in Latin America
[07/02]
Battle of the Sexes Boosts Kwik Fit Insurance Sales
[07/02]
GM urges quick approval of sale plan
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[07/02]
Asian stocks lackluster as traders eye US job data
[07/02]
ECB keeps interest rate at 1 pct
[07/02]
Computer problems delay United flights at O'Hare
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[07/02]
Craftsman(R) Named Favorite Hand Tools in Popular Mechanics Reader's Choice Awards
[07/02]
Primo Water Redefines the Water Cooler Category
[07/01]
American Laser Centers is Offering One Free Trial Treatment This Summer - Try It, You'll Love It!
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Articles
What to Expect in Defective Product Litigation
Most of us use manufactured products every day to improve our physical health, mental health and to make life a little easier. We rely on these products to help us in the way that they are supposed to. Products are tested for safety before being placed on the market. However, sometimes products that reach the open market and consumers are not safe for use. When this happens, people may be injured. Injuries may be caused by products that were defective when manufactured, or they may be inherently unsafe for use. Manufactures have a legal duty to test their products and ensure their safety before they are marketed and made available to the public. If a product has risks, the manufactured also has a duty to warn the general public of any dangerous associated with use. If companies do not adequately test their products or do not produce them correctly, injuries may occur when consumers use them. If this is the case, the victim (or victim’s family) may have a claim for injuries and litigation may be appropriate.
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Who Pays for Workers' Compensation Benefits?
Workers’ compensation benefits must be available to all employees under the Workers’ Compensation Act. Most states have their own workers’ compensation statutes that require employers to have workers’ compensation insurance coverage for their employees. This type of insurance is liability insurance to protect/cover employers in case one of their employees is injured (nonfatal or fatal) during the course of his or her employment (while on the job). Workers’ compensation benefits may cover payment for injuries sustained by the employee, emergency/future medical treatments, therapy, lost earnings and death benefits for family members. Also, in the insurance policy contract, employers must pay the premium for each employee. The premium per employee is usually based on the gross amount of wages that employee earns on an annual basis.
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Case Summaries
[06/15]
Mexia v. Rinker Boat Co.
In an action for breach of the implied warranty of merchantability based on an allegedly defective boat, the dismissal of the complaint on statute of limitations grounds is reversed, where the Song-Beverly Consumer Warranty Act merely creates a limited, prospective duration for the implied warranty of merchantability; it does not create a deadline for discovering latent defects or for giving notice to the seller.
[06/08]
Kearns v. Ford Motor Co.
In an action claiming that Defendant car company made false and misleading statements about the safety of its used vehicles, the dismissal of the complaint is affirmed where Plaintiff's claims were all grounded in fraud, and thus his failure to plead with particularity merited dismissal.
[06/03]
Titan Tire Corp. v. Case New Holland, Inc.
In a patent infringement action involving a tractor tire design, district court's denial of plaintiff's motion for a preliminary injunction is affirmed where the trial court applied the correct law governing preliminary injunctions and did not abuse its discretion in concluding that plaintiff was unlikely to withstand defendant's challenge to the validity of the their patent on obviousness grounds.
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