Product Liability

Personal Injury Cases And Strict Liability

Published on: January 31, 2023 | By Dietrich Law Firm P.C.

Strict-Liability-scaled Although most personal injury lawsuits depend on proving negligence, there are certain cases where plaintiffs do not need to show that the defendant was negligent. Strict liability, also called absolute liability, is a legal doctrine that holds a person or entity responsible for a victim’s injuries, even if that party was not negligent or at fault. In cases involving strict liability, defendants can still be held accountable even if they exercised reasonable care.

The most common types of personal injury lawsuits where strict liability may be applied include:

Product Liability: Designers, manufacturers, and wholesalers can be held strictly liable when their defective, faulty, or substandard product injures a consumer. For absolute liability to apply, the victim’s lawyer must establish that the product’s deficiency was the proximate cause of their injury. This type of claim also requires proof that when the accident occurred, the consumer was using the product as intended. In other words, if the victim misused the product, leading to injury, the defendant might not be held responsible.

How To Avoid The 5 Most Common Types Of Accidents

Published on: November 15, 2022 | By Dietrich Law Firm P.C.

The-5-Most-Common-Accidents-scaled Although the last thing anyone wants is to be the victim of an accident, mishaps are part of life. To better safeguard you and your loved ones, it is imperative to be aware of the most prevalent types of accidents. Below, the Dietrich Law Firm P.C.’s team of personal injury lawyers has listed the most frequently occurring accidents along with crucial tips to avoid them:

Car Crashes: According to the National Highway Traffic Safety Administration (NHTSA), an estimated 42,915 victims suffered fatal collisions last year. The most significant annual percentage increase in reporting history. Most car accidents are caused by distracted driving, drunk driving, speeding, and weather conditions. You can avoid severe collisions by always driving prudently and defensively, staying focused on the road, adapting to changing driving conditions, and never getting behind the wheel while under the influence.
Slip and Fall Accidents: In a recent year alone, fall-related accidents accounted for more than eight million emergency room visits. Most fall injuries occur at ground level and commonly result in broken bones, such as hip or wrist fractures. You can avoid most falls by taking your time, wearing appropriate footwear, and staying attentive. Slips are more likely to take place when you rush, ignore where you are stepping, or wear the wrong type of shoes.

What Does The Statute Of Limitations Mean?

Published on: October 25, 2022 | By Dietrich Law Firm P.C.

Statute-of-Limitations-scaled Suppose that you, or a family member, have been injured in an accident caused by another person’s negligence or recklessness. You may be able to file a personal injury lawsuit. Pursuing a case against the responsible party could be your only means to recover compensation. However, you only have a limited time to file your claim. The deadline is known as the statute of limitations (SOL). The statute of limitations, like a countdown, can significantly impact when or even if you can pursue your case. Regardless of the strength of your claim, when the statute of limitations runs out, your case will be considered time-barred. Meaning the defendant can assert that the statute of limitations has run out and ask the court to dismiss the lawsuit on that basis alone.

The Purpose Of The Statute Of Limitations

The statute of limitations are laws that establish a maximum duration from the date of the incident that a victim must commence legal proceedings. These laws are based on the principle of fairness and apply to criminal and civil cases. Over time, evidence is improperly preserved, memories tend to fade, and witnesses start to disappear. People move on with their lives and do not expect to be sued for accidents long ago. Some crimes, such as murder in the 1st degree and treason, are so horrendous that they cannot be time-barred.

What Is Comparative Negligence?

Published on: September 13, 2022 | By Dietrich Law Firm P.C.

Comparative-Negligence-Blog-scaled Liability in personal injury cases is often unclear and ambiguous. This is because a defendant may not be entirely responsible for the accident. It is not uncommon for plaintiffs to be partially at-fault too. Fortunately, victims may still be eligible to recover compensation for their damages even if they were partly to blame. When applying the legal doctrine of comparative negligence, also known as comparative fault, a plaintiff that contributed to their accident would still be awarded compensation for their damages. However, the total amount would be reduced based on their share of fault. Whether you have been hurt in a car crash, construction accident, slip and fall, or any other mishap, comparative negligence can significantly impact the compensation you obtain.

Common Comparative Fault Claims

When a defendant can successfully demonstrate that the plaintiff shared some responsibility for an accident, they will not have to pay the full jury award. Consequently, comparative negligence is one of the most prevalent affirmative defenses raised in personal injury litigation. Some situations where plaintiffs might be considered comparatively negligent include:

What Is The Duty Of Care?

Published on: June 28, 2022 | By Dietrich Law Firm P.C.

DUTY-OF-CARE-scaled To prove fault in most personal injury lawsuits, a plaintiff must show that the defendant was negligent. Victims have the burden of demonstrating four legal elements to prove negligence. The first element of negligence is the at-fault party’s duty of care. Typically, this is one of the easiest elements to prove because everyone has a basic obligation to avoid unnecessarily injuring others. The duty to act appropriately is relevant in almost every situation and is often assumed by being in another’s vicinity. In other words, you must implement the same degree of caution and consideration that a reasonable person would exercise given the same situation. Someone does not need to assume the duty of care to another party voluntarily. It can be imposed just by being in a specific place at a specific time.

Breaching The Duty Of Care

The defendant does not need to know you to owe you reasonable care. However, the duty can be based on the relationship of the parties. Additionally, according to New York law, those in certain positions or professions can be held to a higher standard of care to prevent harm. After determining that a defendant owed you a duty of care, you must show how they breached it. A breach arises when an individual’s actions or inactions fail to meet the appropriate standard of care. When a defendant is required to act a certain way and fails to do so, they may be regarded as having breached their duty. Depending on the circumstances, the standard can be breached in numerous ways. Some common examples of breaches include:

What Are Compensatory Damages?

Published on: May 3, 2022 | By Dietrich Law Firm P.C.

Compensation-300x200 Victims often turn to personal injury claims to recoup their losses after being injured in accidents. If the verdict is in the plaintiff’s favor, they can obtain a monetary award for their losses. One type of damage awarded to victims is called compensatory damages. Compensatory damages are designed to pay victims money to cover the costs related to their injuries and other losses. In other words, this type of damage is awarded to compensate plaintiffs for the actual losses they have suffered. For instance, if a careless motorist smashed into your car and totaled it, the compensatory damages would equal the fair market value of your vehicle when it was demolished, minus the salvage value or any usable parts. The two types of compensatory damages that courts can award to plaintiffs are special damages and general damages.

Special Damages

Special damages are quantifiable and easily calculated because they are based upon the actual costs incurred by a victim because of the accident. These damages are intended to replace everything that was lost and nothing more. In addition to hospital bills and other medical expenses, victims can obtain compensation for damage to property, lost wages, and other related out-of-pocket expenses. The amount awarded to a victim is based on a set formula because these losses can be easily proven and verified by concrete evidence. Some other common examples of special damages include:

If I Am Injured, What Type Of Lawyer Do I Need?

Published on: April 26, 2022 | By Dietrich Law Firm P.C.

Choose-the-right-lawyer-300x200 Victims suffer injuries in tens of millions of severe accidents every year, such as slips and falls, collisions, and dog bites. Most of these injuries are caused by someone else’s negligence or even recklessness. The consequences of being involved in an accident can range from serious personal injuries and post-traumatic stress disorder to the destruction of property and costly hospital bills. Over 40 million accident victims require medical care due to various personal injuries each year. If you or a loved one have been injured due to someone else’s negligence, you may be wondering what type of lawyer to call.

Personal Injury Attorneys Help Accident Victims

If you, or a family member, have been injured in an accident that was caused by another’s carelessness, a personal injury lawyer is someone who can provide you with legal representation. Personal injury lawyers specialize in tort law, including negligent and intentional acts. This type of attorney focuses on pursuing monetary compensation for accident victims through civil litigation. It is crucial to choose a lawyer who has significant experience litigating the type of injury related to your case.

Sleep Apnea Replacement Devices Could Be Dangerous Too

Published on: November 30, 2021 | By Dietrich Law Firm P.C.

Sleep-Apnea-Replacement-300x224 Approximately 18 million adults throughout the country suffer from obstructive sleep apnea. Which, when left untreated, can lead to acute health complications, such as diabetes, high blood pressure, cardiomyopathy, heart failure, and stroke. Many sleep apnea sufferers rely on airway pressure machines to prevent upper airway tissues from collapsing and increase their oxygen levels. However, in June 2021, Philips Respironics, a chief manufacturer of sleep apnea treatment devices, issued a voluntary recall of as many as 4 million devices due to hazardous components. The company’s recalled breathing machines contain a polyester-based polyurethane (PE-PUR) foam known for degrading into tiny black particles and placing users in unnecessary danger of inhaling toxic gases or ingesting carcinogens. Consequently, users scrambled to secure alternative sleep apnea machines, which abruptly went into short supply. Since then, numerous lawsuits have been filed alleging that Phillips was aware of the above hazards for years but postponed recalling the devices until they could manufacture safer ones.

The FDA Warns That Silicone-Based Foam May Be Hazardous

As part of the recall, Philips promised to replace or repair the affected devices. In September, the company began producing and distributing replacement devices to users. Based on lab results provided by Philips, which demonstrated acceptable outcomes, the Food and Drug Administration (FDA) approved a silicone-based foam for the repair and replacement program. Nevertheless, after an inspection of Philips’ Murrysville facility, the FDA warned that the use of silicone-based foam in substitute sleep apnea devices might also be unsafe. The FDA expressed concern after a similar silicone-based foam in a replacement device failed safety tests because it released potentially toxic vapors. The FDA has requested Philips to commission an independent research lab to conduct further analysis on the new foam to determine the potential dangers.

Scarring And Disfigurement After A Personal Injury Accident

Published on: November 16, 2021 | By Dietrich Law Firm P.C.

Face-Wound-Dressing-300x200 Unfortunately, even after an accident victim’s initial pain subsides, they could be left with permanent scarring and other disfigurements. Most scarring is caused by damage to the skin, such as scratches, abrasions, and puncture wounds. Depending upon the severity and location of the scar, it can significantly impact a victim’s ability to work and even perform routine tasks. Besides being a constant reminder of the traumatic injury, even the slightest alterations in a victim’s appearance can bring about overwhelming depression and emotional pain. Victims with scars in prominent places, such as the head, face, neck, or hands often struggle with terrible self-esteem and anxiety.

Leading Causes Of Scarring And Disfigurement

The impact of scarring and disfiguring injuries can last the victim’s entire lifetime. Scarring is a normal part of the healing process. Just about any wound, burn, or other trauma, such as surgery, can result in scar tissue. After an accident, the most common types of scarring and disfigurement injuries include:

Common Personal Injury Accidents In Buffalo, New York

Published on: October 26, 2021 | By Dietrich Law Firm P.C.

Leg-Cast-with-Crutches-300x200 Approximately 40 million accident victims require medical treatment for an assortment of personal injuries each year. With numerous types of accident-related damages, some have the potential to drastically alter victims’ lives forever. Most personal injuries result from accidents involving another’s negligence. Unfortunately, negligence can cause innocent victims to suffer severe injuries, which lead to costly hospital bills, rehabilitation, pain and suffering, and lost wages from missing work.

The Five Most Prevalent Types Of Personal Injury Accidents

Car Crashes: Car accident claims are the most common personal injury cases in Buffalo, New York, and throughout the country. Every year, millions of victims sustain severe injuries due to car crashes. Collisions are often caused by careless or irresponsible driving practices, such as distracted driving, driving while sleep-deprived, driving under the influence, and speeding.