What Is Civil Litigation?
When two or more parties become embroiled in a legal dispute seeking money or another specific performance rather than criminal sanctions, civil litigation is the result. They must instead head to the courtroom for trial so a judge or jury can decide the matter.
A lawyer who specializes in civil litigation is known as a “litigator” or a “trial lawyer.” He represents clients across a broad spectrum of associated proceedings, including pretrial hearings and depositions, as well as arbitration or mediation before administrative agencies or court personnel. Arbitration and mediation are processes that attempt to guide the parties toward settlement without the time and expense of going to court.
What is Aviation Law?
Aviation law is the branch of law that concerns flight, air travel, and associated legal and business concerns. Some of its area of concern overlaps that of admiralty law and, in many cases, aviation law is considered a matter of international law due to the nature of air travel.
What does Insurance Defense mean?
In order to understand insurance law, it is useful to understand insurance first. Insurance is a contract in which one party (the "insured") pays money (called a premium) and the other party promises to reimburse the first for certain types of losses (illness, property damage, or death) if they occur.
Insurance law falls into three major categories. First, the insurance company will hire lawyers to represent the insured in case she is sued for something related to her insurance contract. These are known as "insurance defense attorneys." For example, an automobile insurance company will hire an attorney to represent an insured driver when she gets sued for causing another driver's injuries. The second category of insurance law helps insured people determine when an insurance company must pay a claim. Third, insurance companies typically hire attorneys to make sure the company complies with all applicable laws and regulations, which can vary by state
What is Product Liability?
Product liability law, also called "products liability", governs the liability of manufacturers, wholesalers, distributors, and vendors for damages caused by dangerous or defective products. The goal of product liability laws is to help protect consumers from dangerous products, while holding manufacturers, distributors, and retailers responsible for putting into the marketplace products that they knew or should have known were dangerous or defective. Depending upon the jurisdiction, the liability of the various parties involved as the product passes from the manufacturer to the consumer will vary.
Who Can Be Held Liable for a Defective Product Injury?
Depending on the specifics of the case, an injured consumer can seek compensation from one or more liable parties, including manufacturers, wholesalers, and/or retail outlets. Determining the defendant in a product liability case is not a matter of choosing one liable party over another; any party involved in a defective product’s chain of distribution may be held accountable through a product liability lawsuit. When beginning to put together a claim for a defective product, it is important to include any party involved in the chain of distribution.
Manufacturer: This can include a large multi-national company, an individual working out of his or her garage, or any parties involved in the design or marketing of the product. Depending on the size of the product, claimants can include the manufacturer of the defective part, as well as the manufacturer of the entire product.
Retailer: When a retailer advertises an item for sale, it is impliedly ensuring the product is safe and suitable for use. If a consumer purchases a defective product, the seller of that item, even though they were not involved in its manufacture, can be held liable for damages.
When suing a retailer:
•You don’t have to be the one who bought the defective product
•You don’t have to be the one who used the defective product
•You might be able to recover compensation for used products (depending on the product, nature of the defect, and state law)
Wholesaler: The wholesaler is considered the “middleman” between the manufacturer and the retailer.
Any or all of the above parties could be held liable for damages resulting from an injury caused by a defective product.
Elements of a Successful Product Liability Claim
In a product liability lawsuit, plaintiffs are required to prove the following elements in a negligence claim:
The plaintiff was injured or suffered losses: The plaintiff must show actual injury or monetary loss as a result of using the defective product. Without actual injury or damage, there is no claim.
The product is defective: The plaintiff must prove that the product either had a design defect or manufacturing defect, or that the company failed to warn of the risks of the product.
The defect was the actual and proximate cause of the injury: The injury sustained must have been caused by the defect itself. The defective product must also be the proximate cause of the injury. Thus, the defendant will not be liable where an intervening act supersedes the defective product as the proximate cause of the injury.
The product was being used as intended: The product must have been used in a way the manufacturer intended to be used or in a way the manufacturer could expect a reasonable person to use it.
Injuries resulting from defective products can result in substantial physical, emotional, and financial stress.