Category: Law

What You Need To Know About Vehicular Accidents

Defects in the design or manufacturing of an automobile can prove exceptionally hazardous to both the driver and passengers of a vehicle as well as anyone else who may be on the road. Because of the remarkable complexity of most modern automobiles, even a minor defect can have much broader consequences than might be expected. Therefore, the manufacturers of automobiles are held to a considerable level of liability for any defects which may occur in their vehicles.

Like most other forms of civil law, lawsuits brought against the manufacturers of defective automobiles are generally intended to restore damages that those who have suffered injury as a result may have incurred. However, because of the substantial public safety threat that a defective motor vehicle can pose, the manufacturer may also be assessed punitive damages to ensure that no such problems occur in the future.

Car AccidentIt is not, however, exclusively the part of the vehicle’s manufacturer to assume liability for every component of the vehicle. Because the actual production of many of the parts which make up a finished car are outsourced to other companies, a vehicular defect may leave the part’s manufacturer, and not the vehicle’s producer, legally liable. Generally speaking, car accident attorneys are capable of determining which party (or parties) should be held accountable for injuries caused by a defective automobile, but for the purposes of this article, a case-based examination of several well-known vehicular defect suits can help to clarify the issue.

Vehicular Defects: A Case-Based Examination

One of the most well-known recent incidents involving a vehicular defect related to vehicles produced by Toyota Motor Corporation. Between 2009 and 2011, problems resulting in sudden unintended acceleration of Toyota vehicles of a variety of different models came to light. In some instances, this led to the death of the vehicles’ occupants, as well as serious injuries to drivers of nearby vehicles. As a result, Toyota recently reached a settlement of more than $1 billion dollars for damages caused.

While the Toyota cases assigned liability solely to Toyota Motor Corporation, problems associated with the Ford Explorer in the 1990s involved multiple party liability. Both Ford Motor Company, which produced the Explorer, and Firestone Tire and Rubber Company, which manufactured the tires used on the Explorer, have been held liable for the many deaths and injuries that occurred in rollover accidents involving the vehicle throughout the 1990s, jointly and separately.

Beware Of Wrongful Diagnosis

In medical settings, all doctors and medical care providers are expected to give their patients a level of care that meets certain minimum standards of competence. Failure to meet these standards may expose them to liability for injuries or illnesses which occur as a Wrongful Diagnosis Schemataresult of their inadequate care. Wrongful diagnosis is one way in which a doctor’s failure to meet the standards expected of their profession can result in their being held liable for medical malpractice.

Wrongful diagnosis can be extremely damaging to a patient, especially if the patient has a serious medical condition that requires swift, aggressive treatment in order to be dealt with successfully. When a doctor incorrectly diagnoses a patient with such a condition, they may leave them unable to recover from the effects of their illness. For this reason, the patient and their family may be entitled to seek financial compensation for the damages caused.

However, not all wrongful diagnoses are grounds for a medical malpractice lawsuit. In fact, most wrongful diagnoses are in line with the standards expected of a medical care provider, as many illnesses have symptoms which are fairly general, making diagnosis considerably more difficult. Generally speaking, in order for a patient to have a case for medical malpractice as a result of wrongful diagnosis, they must be able to show one of two things:

  • ŸEither the physician failed to include the patient’s condition in the list of ailments with which they might diagnose them (but a reasonably competent doctor would have)
  • ŸOr the physician did include the condition in the list of possible diagnoses but failed to conduct appropriate tests or otherwise act to investigate the possibility

In order to demonstrate that either of these factors led to the misdiagnosis, the representation of an experienced medical malpractice lawyer is often necessary in order for the patient to successfully seek the compensation they need.

Common Surgical Errors

When a patient undergoes a surgical procedure, there is always a danger that something unexpected will go wrong, potentially endangering their health or even life. However, most Surgerypatients tend to assume that this type of risk is unavoidable. While some complications that arise during surgery are simply unfortunate turns of fate, the fact is that many surgical errors are preventable, and occur only as a result of mistakes or errors on the part of the operating physician or their assistants.

There are a wide range of different surgical errors which a patient may suffer, many of which can have devastating consequences which may impact the patient for the rest of their life. The following are some of the most common surgical errors in the United States:

  • Ÿ  Wrong site surgery
  • Ÿ  Incorrect surgical procedure performed
  • Ÿ  Wrong patient surgery
  • Ÿ  Foreign objects left in body cavity
  • Ÿ  Anesthesia errors

These and other surgical errors can pose significant challenges to a patient’s ongoing health and well-being. For this reason, many medical malpractice lawyers suggest that patients about to undergo surgery keep track of their health condition at every stage of the pre- and post-operative process, ensuring that if they are injured, they are able to hold those responsible for their damage accountable for their actions.

Premises Liability

Everyone has the right to feel safe when they visit someone else’s property, and there are specific laws in place known as premises liability laws that protect the legal rights and interests of those who have been injured because of dangerous conditions on someone else’s property. Although the specifics of premises liability vary from state to state, they largely apply to private properties, government buildings, retail shops, offices, and other public spaces.

Some of the most common accidents that occur on unsafe property are slip and fall accidents. Slippery floors, unstable surfaces, and a general lack of safety precautions can lead to a slip and fall accident which in turn, can result in serious injuries and pain and suffering for victims.  Often, those who are injured are interested in pursuing financial compensation from the responsible property owner, in which case, it may be helpful to work with an experienced personal injury lawyer.

There are many factors which can affect a person’s eligibility for financial compensation after a slip and fall accident, so discussing the incident that caused your fall with a lawyer is a helpful step in pursuing the compensation you need.