Product Liability
Every year, thousands of consumers sustain serious injuries from defective products. Tragically, most of these injuries would have been avoidable if the manufacturer or distributor had taken more care in either making or labeling the product. Consumer safety should be a top priority for manufacturers in an effort both to be ethically sound and to avoid product liability lawsuits.
When a defective product causes an injury, the four types of possible liability are as follows:
- Negligence – applicable if injury was caused by improper assembly or defective parts.
- Breach of warranty – applicable if the manufacturer fails to uphold a claim.
- Misrepresentation – applicable when advertising claims lead consumers to believe that a product is safer than it really is.
- Strict liability – applicable if the victim can show that the product is defective and that the defect directly caused the injury.
Another aspect of product liability is the responsibility held by the manufacturer, designer, distributor, and/or retailer to provide thorough warnings about possible hazards that could be encountered through use of the product. If the proper warnings are not provided to the consumer, the manufacturer may be liable for damage or injury caused by the product.
Product liability is not limited to objects and machines; many prescription drugs that are approved by the Federal Food and Drug Administration (FDA) have also been shown to be defective. It is estimated that every year in the United States thousands of injuries and deaths are caused by adverse reactions and side effects associated with both prescriptions and over-the-counter medications.
The FDA is under constant pressure from drug manufacturers to approve drugs quickly, which in many cases leads to the premature approval of dangerous drugs. Many prescription drugs that undergo FDA review are given “fast track” status, which greatly reduces the amount of time that the drug undergoes study before it is approved for use by the general public. Often, the end result is that the drug is approved before all the side effects are noted; these side effects can cause serious injury or even death.
If you or someone you know has been injured or made ill by defective products or prescription drugs, you may be entitled to compensation. Please contact our office today to find out more.
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Silicosis Disease
Silica is a naturally occurring crystal commonly found in most kinds of rock. During the quarrying, mining, and tunneling of rock, large amounts of silica dust may be released and inhaled into workers’ lungs. Long-term exposure to silica dust can cause a serious respiratory illness called silicosis. Normally, silicosis only develops after five to 15 years of exposure; however, silicosis can be triggered by as little as one year of heavy exposure to silica dust.
The people most at risk for silicosis disease are miners and those who work with certain types of metal ore. Since silica is the main component of sand, glass workers and sandblasters are also at high risk.
Symptoms of silicosis are as follows:
- Chronic cough
- Shortness of breath
- Fever
- Weight loss
- Severe difficulty breathing
Currently, there is no cure for silicosis. Treatment options, which vary by individual, may include cough suppression medications, bronchodilators, and oxygen therapy. Ongoing tests for tuberculosis and other respiratory infections are also necessary, as people with silicosis are at a higher risk for these illnesses.
If you or a loved one has developed silicosis, please do not hesitate to contact the office of Singleton Law today.
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Mesothelioma
Mesothelioma is a rare type of cancer that is caused almost exclusively by long-term exposure to asbestos particles. It affects the lung, heart, and abdominal areas of the body and currently, there is no known cure.
Asbestos, a naturally occurring mineral, was used for decades in building and automobile parts because of its strength and fire-retardant capabilities. However, once it became apparent that asbestos causes many serious illnesses, its use was banned and efforts were made to rid buildings of the dangerous material. Because most people who contract mesothelioma are not aware of it for years and even decades after their initial exposure to asbestos, the number of mesothelioma cases is still rising.
People most at risk for mesothelioma include:
- Carpenters
- Demolition workers
- Factory employees
- Shipbuilders
- Insulation installers
- Automobile brake lining installers
Despite the best efforts to eliminate asbestos from the environment, many public and private buildings still harbor asbestos within their building materials.
The symptoms of mesothelioma may come on gradually; since most of the symptoms are similar to what people may experience during less-lethal illnesses, diagnosis of mesothelioma may take time. Some of the most common symptoms are chest pain, shortness of breath, chronic cough, nausea, and pain in the abdomen.
If you or a loved one have been exposed to asbestos and have contracted mesothelioma, please contact Singleton Law today. We will fight for your due compensation.
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Oil Field Contamination
Naturally occurring radioactive material (NORM) refers to the amount of radioactivity that is naturally found in the environment. It is not considered harmful and can be found anywhere on earth in roughly the same amount. However, when manmade tools are used to perform industrial processes like drilling for oil, this NORM tends to accumulate near the surface at dangerous levels. Typical areas of NORM accumulation are the walls of production tubing, production equipment, and the bottom of tanks and vessels.
It is the responsibility of the oil company to perform a thorough cleanup of all equipment that has been contaminated by NORM. However, this is a costly undertaking, and unfortunately there have been instances of companies failing to complete this necessary task.
If you are a landowner and suspect that oil-drilling operations on your land have resulted in NORM contamination, please do not hesitate to contact us today.
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Oil Field and Refinery Accidents
The natural volatility of crude oil and related petroleum products sometimes results in tragic and devastating accidents at oil fields and refineries. Explosions, contamination, and gas and chemical leaks are tragically all too common, and usually affect hundreds or thousands of people.
Our nation’s reliance on its petrochemical industry must not overshadow the safety of America’s workers and citizens; oil companies that experience accidents on their property have an obligation to make sure that their employees are protected and accidents are avoided when possible; they should also be responsible for restitution to the families of those killed by such terrible accidents.
If you or a loved one has been affected by an explosion or other kind of accident at an oil field or oil refinery, please contact the office of Singleton Law immediately.
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Trucking Accidents
Accidents that involve large trucks such as 18-wheelers are similar to any other accident in that they may be caused by speeding or reckless driving. However, truck drivers need to take into consideration a number of other concerns when attempting to drive safely.
- Drivers of large trucks use air brakes, rather than traditional brakes, to stop their vehicles. They are more powerful than brakes in a regular car, but they take longer to initiate. This fact, coupled with the much larger volume and weight of a truck, means that it takes much longer for a truck to stop in an emergency than it does any other kind of vehicle.
- Fatigue is a constant threat to long-haul truck drivers. They are under intense pressure from their employers to deliver a load as quickly as possible; some drivers may be tempted to cut out rest breaks in an effort to arrive at their destination sooner. The results of fatigue are inattentiveness and longer reaction times, both of which can result in a collision.
When collisions occur between a large truck and a smaller vehicle, there are a number of issues that need to be taken into consideration, including the truck driver’s log, vehicle maintenance records, and the truck driver’s employment and training records.
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Serious Personal Injury and Accidental Death
When people are injured or killed due to the wrongful actions or negligence of others, they and their families deserve compensation; personal injury law allows the victim to seek compensation for the physical, emotional, and financial losses that he or she may have sustained due to the injury.
Such injuries can be accompanied by physical pain and suffering, emotional distress, loss of enjoyment of life, loss of love and affection or even loss of life. Additionally, because of a personal injury, an individual may suffer from loss of wages and/or employment, past and future medical expenses, and other financial losses.
Monetary compensation can be awarded by a court in a civil action to an individual who has been injured or killed through the wrongful conduct of another party. Monetary damages attempt to measure in financial terms the extent of harm an individual has suffered as a result of another's actions.
If the actions or negligence of others causes a death, the surviving family members may file a wrongful death lawsuit, citing damages for physical, emotional, or financial difficulties that arise from the death. It is important that compensation be awarded to the family members as payment for their suffering. If you or a family member has gone through the heartache of personal injury or wrongful death, please contact Singleton Law today. We can evaluate your case and discuss with you any compensation that may be due to you.
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