Product Liability

October 11, 2010

How Quickly Will My Case Settle?

I was in a car wreck about 6 months ago. The other driver admitted fault. My medical bills are about $25,000. I have been released by my doctor. My lost wages are $2000. How quickly will my case settle?

At the outset you need to understand that your case may not settle at all. In Tennessee the insurance company does not have a duty to settle your case and in fact does not even owe you a duty to fairly evaluate your case. It can settle a case, or not settle a case, on whatever schedule it wants to put in place.

However, if the insurance company wants to settle the case it needs to have information from your lawyer. At an absolute minimum, the company needs the accident report, your medical records and bills, perhaps some of your previous medical records, proof of lost wages from your employer, and an understanding of how the injuries have impacted your life. To the extent you claim a permanent injury, future medical expenses, future loss of earning capacity, or other damages, the insurance company will need proof of that.

October 1, 2010

My Hip Replacement Manufacturer DePuy Orthopaedics Says They Are Recalling My Hip!

by The Law Offices of John Day, P.C.

I had a hip replacement a couple years ago. I have had some problems with it. Now I have received a letter from DePuy Orthopaedics, which has something to do with Johnson & Johnson, saying that my hip is being recalled. What should I do now?

A total hip replacement replaces the body’s natural joint with an artificial one, usually made out of metal and plastic. A typical total hip replacement system consists of four separate components: (1) a femoral stem (2) a femoral head, (3) a liner, and (4) an acetabular shell. The surgeon hollows out a patient’s femur bone and the femoral stem is implanted. The femoral head is a metal ball that is fixed on top of the femoral stem. The femoral head forms the hip joint when it is placed inside the polyethylene liner and acetabular shell.

The DePuy ASR artificial hip replacement system. The first components of the system was approved for use by the FDA in late 2003. Other components or related systems were approved for use in later years.

September 19, 2010

Product Burned House and Family

by The Law Offices of John Day, P.C.

Our house caught on fire and three members of my family got burned. The fire department said that the cause of the fire was a kerosene stove we were using to supplement the heat from the furnace because it was really cold outside. Do we have any rights against the manufacturer of the kerosene stove?

Perhaps. It is essential that you contact a lawyer who has experience in products liability cases as soon as possible. It the meantime, preserve whatever is left of the heater and do not allow any further damage to the premises or start the repair / clean-up process.

You will need the stove itself so that you can determine what went wrong with it (if anything). You need to preserve the scene until an expert can confirm that fire department’s opinion of the cause of the fire. The fire department might be correct on the cause of the fire, but if the department does not have a lot of expertise in cause and origin of fires their opinion may be questioned.

June 21, 2010

Aribag Failure

by The Law Offices of John Day, P.C.

I was in an automobile wreck. The front airbag did not work. I received injuries to my chest and face. Do I have a case against the auto manufacturer?

You might. Airbags are designed to fire under certain circumstances, the most important of which include the speed at impact and the angle of impact. An airbag is not designed to fire in every accident.

An experienced product liability lawyer can tell you whether it makes economic sense to investigate a claim against the auto manufacturer. Be sure to preserve the car and do not alter it in any.

May 6, 2010

The Wheel of My Car Fell Off! What Are My Rights?

by The Law Offices of John Day, P.C.

I was driving my car when the wheel fell off. I lost control of the car and had a wreck. I ended up in the hospital with lots of broken bones and a concussion. I have missed three months of work. Do I have any rights?

You might. However, it will be very important that to find and keep the car you were driving and the wheel that came off the car. This evidence is essential to determining if you have a valid case and proving your case if you actually have one. An experienced personal injury lawyer can help you find your vehicle.

If you find the car and wheel on your own, take steps to preserve it from the elements and from any other damage. Do not do any independent tests. Do not do any work or alter it in any way. Make sure it stays in a secure place until your lawyer can help you with preserving it.

April 29, 2010

I Think I Have Food Poisoning. What Should I Do?

by The Law Offices of John Day, P.C.

I ate a local restaurant last night and about three hours later I began developing severe nausea, bad stomach cramps and diarrhea. I was up all night. I don’t feel any better this morning. I think I may have food poisoning. What do I do?

It is possible that you simple case of the flu, and if you have recently come into contact with others in your family or at work who have that condition that may be the explanation for your problems. It is also possible that you have some other medical condition that is causing these problems.

Then again, you may have food poisoning. It is estimated that 76 million foodborne illness cases occur in the United States every year after eating foods contaminated with such pathogens as E. coli O157:H7, Salmonella, Hepatitis A, Campylobacter, Shigella, Norovirus, and Listeria. Each year approximately 325,000 people are hospitalized with a diagnosis of food poisoning, and some 5,000 die.

April 9, 2010

Understanding Product Liability Claims In Tennessee

by The Law Offices of John Day, P.C.

1. What is a products liability claim?

Answer: A products liability lawsuit is a claim that a person was injured or died due to a problem with a product. A “product” can be almost anything that can be manufactured, including cars and planes, medication, consumer goods like lighters and lawnmowers, and industrial machinery.

In a products liability lawsuit, the manufacturer of the product can be held liable for the problem with the product that caused an injury or death. Manufacturers include designers and makers of products, as well as those who design or make parts of products (such as the maker of an axle to be used in an automobile).