How to Tell if You Have a Product Liability Claim

Product liability laws exist to protect citizens from being injured or suffering any sort of financial, physical or other damages due to a defective product. With millions of products on the market from which to choose every day, it can be easy to pick up one that is not well made or poses an undue risk, and you never realize it until it is too late. So, how can you tell if the product you’ve used was defective, and what are your options? Learn how to tell if you’ve got a product liability claim, what damages you can recover, and how an injury attorney can help.

Product Liability Claim 

The first thing to understand in a product liability claim is that you need to be able to prove you were using a defective product in the first place. The general benchmarks used to prove a product liability case are that you were injured resulting in some sort of loss, the injury was due to defects in the product and that you were using the product correctly - as intended by the manufacturers.

Injury and Loss

Unless you actually suffered an injury or other losses, you may not have a strong case. Even if the product blows up, if nothing was damaged and you weren’t hurt, you may not be entitled to more than a replacement product. It is critical in such a case to be able to prove injury or loss.

Defective Product

Next, you have to be able to demonstrate two things. First, you must demonstrate that the product itself was defective. It’s difficult to put specific qualifiers on this, since every product is different. But there must have been defects that the manufacturer should have known about and corrected. This can be due to a manufacturing error, a design defect, failure of the manufacturer to warn about potential hazards under certain circumstances, or other factors based on the specific incident. Your attorney can help you determine if there is a product defect at work.

Cause of the Injury 

This all comes together in the nature and cause of your injury. You must be able to show that it was, in fact, the defect in the product that was responsible for your injury or loss. The toaster burst into flame, damaging your kitchen and causing you burns because there was a faulty circuit or improper wiring within the unit, for example. To have a claim, your loss must be directly related to and caused by the defective product. This also means you must have been using the product properly, as instructed by the manufacturer. If you failed to clean the toaster and the crumbs inside caught on fire, for example, this could complicate your case.

If you have been injured due to a defective product, and you need help recovering damages, we are here to help. Check out our site for more information about product liability claims, and contact us for a case consultation today.

What Happens When You’re Hit by a Car?

One of the biggest fears for any driver is hitting someone while they’re walking. That being said, if you’re a pedestrian, the fear of getting hit by a car is much worse. The mass of a vehicle extremely outweighs any pedestrian, ensuring you won’t walk away unscathed. A driver at 30mph can do serious harm to a pedestrian walking, but so could a car moving at 10mph.

With the chaos that ensues from an accident, a lawsuit may be one of the least of your worries, but it is important to keep all legal action an option, especially if you've been hit by a car. 

Whose Fault Is It? 

The fault is most likely to go toward the party that displayed any signs of negligence. If the driver runs a red light, disregards a stop sign or is traveling at excessive speeds, they will primarily be considered as the negligent party. However, there are ways that the pedestrian can be careless as well. If the pedestrian wasn’t paying attention and decided to cross the road in an illegal area, they could be identified as the negligent party.

Some states, such as Maryland and Virginia, follow what's called a "pure contributory negligence" rule. This means that if the pedestrian contributed in the slightest bit to the accident, then he and his auto insurance company cannot recover damages from the driver and his auto insurance company.

Other states follow a "comparative fault" rule. This means that a pedestrian can recover some damages even if he was partly at fault.

Damages in a Pedestrian Accident Case

In a personal injury lawsuit, the damages are meant to compensate for all injuries. Yes, money doesn’t equate to the injuries one has to endure, but that’s the best that can be done.

The simpler categories of injury damages are medical expenses and lost wages. All medical expenses that the pedestrian paid as a result of the accident can usually be reimbursed as part of the damages in the lawsuit. If work was missed due to the injuries or the treatments, the money lost from not being able to attend work is generally made up as well.

How does one calculate the value of pain and suffering?  It’s hard to do, and can only be left up to a jury to decide. For example, if a pedestrian suffers some scrapes and a sore back for about a week, pain and suffering might be worth less than a thousand dollars. However, if it’s a bit more extreme - like a broken hip, collarbone, concussion or something that results in permanent damage - the pain and suffering might be worth hundreds of thousands of dollars.

Loss of normal life or "loss of enjoyment" refers to the negative impact on the injured person’s life as a result of the accident. So, if an accident was to leave the pedestrian paralyzed, and that interferes with the normal way of life they once had these damages would be higher than if the injured person had spent little time outdoors and active before the accident.

Get Professional Help

Recovering from injuries is already hard enough without having to worry about the handling the legal action of your case. The professionals at Freeburn Law are incredibly well equipped to handle your case. If you are a pedestrian injured in a car accident don’t wait before it’s too late. Contact your personal injury attorneys today!

How to Avoid Pool Accidents This Summer

Swimming pools are one of the ultimate luxuries. They provide great exercise and fun in the sun, and everyone loves a barbecue where they get to leap into the pool and cool down. However, it’s important to remember that you as a homeowner can be held liable for any injuries that occur in and around your swimming pool, so you should always exercise reasonable precautions. Learn the situations in which a pool owner can be legally responsible for injuries, and how you can avoid lawsuits and pool accidents, and keep your guests safe this summer.

Pool Accidents and Liability

Generally speaking, homeowner liability stems from the concept of negligence, meaning that when pool accidents occur, you didn’t take the proper precautions that a reasonable person would and should take. There are a wide variety of situations in which this could occur, and you might be surprised to know that even when someone is there without your permission, you could still end up liable for injuries.

Slip and Fall Accidents

Slip and fall accidents are some of the most common pool-related incidents there are. Make sure that you provide non-slip surfaces around your pool. This could be in the form of coating on your deck, efforts to remove and minimize standing puddles, or other means of providing and maintaining traction.

Attractive Nuisance Concept

There is a concept called “attractive nuisance.” This is more of a legal loophole than anything else, but it basically states that your pool is attractive to trespassers, especially kids. That means that you are responsible for taking every precaution to ensure they can’t get in. High fences that can’t be climbed, locked gates and essentially efforts to make the pool inaccessible unless you want it to be accessed must be in place.

Insurance Coverage

Many people are surprised to discover that most homeowner’s insurance policies don’t cover swimming pool damages unless there’s a specific add-on, and even then the coverage might not be as much as you need. Make sure that you’ve got very solid and extensive coverage against damages to your pool, or against accidents and injuries that take place around it.

If You Are Injured

If you are injured due to the negligence of another person, and you were just out to have a responsible good time, you may be entitled to damages covering your injuries and efforts to get well again. If this happens, you’ll want a qualified personal injury attorney to cover your case and make sure that you get the award you deserve. Getting compensated for injuries isn’t an easy or straightforward process, and the last thing you need while trying to get well is the extra stress of fighting insurance companies.

If you’ve been injured around a pool due to the negligence of a homeowner, we’re here to help. Check out the personal injury services we offer, and get in touch with us for a no-obligation consultation about your case today!

What You Should Know About Pennsylvania Bicycle Law

Definitions

For purposes of this article, the term, “bicycle,” shall be used in place of the term “pedalcycle” as referenced in the Pennsylvania Vehicle Code. Pertinent definitions contained in the Pennsylvania Vehicle Code are set forth below and may also be provided within each topic.

"Vehicle."  Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices used exclusively upon rails or tracks. The term does not include a self-propelled wheelchair or an electrical mobility device operated by and designed for the exclusive use of a person with a mobility-related disability.

"Person."  A natural person, firm, co-partnership, association or corporation.

“Pedalcycle.” A vehicle propelled solely by human-powered pedals or a pedalcycle with an electric assist.  The term does not mean a three-wheeled human-powered pedal-driven vehicle with a main driving wheel 20 inches in diameter or under and primarily designed for children six years of age or younger.

"Motorized pedalcycle."  A motor-driven cycle equipped with operable pedals, a motor rated no more than 1.5 brake horsepower, a cylinder capacity not exceeding 50 cubic centimeters, an automatic transmission, and a maximum design speed of no more than 25 miles per hour or an electric motor-driven cycle equipped with operable pedals and an automatic transmission powered by an electric battery or battery pack-powered electric motor with a maximum design speed of no more than 25 miles per hour.

"Pedalcycle with electric assist."  A vehicle weighing not more than 100 pounds with two or three wheels more than 11 inches in diameter, manufactured or assembled with an electric motor system, rated at not more than 750 watts, and equipped with operable pedals and capable of a speed not more than 20 miles per hour on a level surface when powered by the motor source only. The term does not include a device specifically designed for use by persons with disabilities. 

"Official traffic-control devices."  Signs, signals, markings and devices not inconsistent with this title placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic.

"Right-of-way."  The right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed and proximity as to give rise to danger or collision unless one grants precedence to the other.

"Roadway."  That portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the sidewalk, berm or shoulder even though such sidewalk, berm or shoulder is used by pedalcycles. In the event a highway includes two or more separate roadways the term "roadway" refers to each roadway separately but not to all such roadways collectively.

"Sidewalk."  That portion of a street between curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for use by pedestrians

Pennsylvania Vehicle Code, 75 Pa.C.S. Section 102.

  1. General Rights and Responsibilities of Bicyclists

As a general rule, bicyclists riding on the roadway have all of the rights of operators of other types of vehicles on the roadway. However, bicyclists are also subject to all of the duties and responsibilities of operators of other types of vehicles.   This is a general rule, and is subject to special provisions in the law for bicyclists, and legal provisions which, by their nature, can have no application to bicyclists

Pennsylvania Vehicle Code, 75 Pa.C.S. Section 3501(a).

Riding a Bicycle While Under the Influence. For example, a pedalcycle is defined as a vehicle propelled solely by human-powered pedals. A bicycle is a “vehicle” for purposes of prosecution for driving under the influence of alcohol or controlled substances. Bilka v. DOT, Bureau of Driver Licensing, 92 A.3d 1253 (2013).

  1. Duty of Bicyclist to Ride on The Right Side of The Roadway

General Rule: Bicycles, like other vehicles must be ridden on the right side of the roadway, subject to specific exceptions.

Pennsylvania Vehicle Code, 75 Pa.C.S. Section 3301(a).

Proceeding at Less Than Normal Speed. Any bicycle riding on a roadway at less than the normal speed of traffic must ride in the right lane available for traffic, or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into an alley, private road, or driveway.

This rule does not apply to a bicycle using any portion of an available roadway due to unsafe surface conditions; or,

A bicycle using a roadway that has a width of not more than one lane of traffic in each direction.

Pennsylvania Vehicle Code, 75 Pa.C.S. Section 3301(c).

  1. Motorists Passing Bicycles – Bicycle Steer Clear Law

Bicycle Steer Clear Law: A motor vehicle that passes a bicycle traveling in the same direction must pass to the left of the bicycle, and must give the bicycle a minimum of four (4) feet of space.

The driver of a motor vehicle who passes a bicycle must pass at a careful and prudent reduced speed.

Pennsylvania Vehicle Code, 75 Pa.C.S. Section 3303 (a) (3).

General limitation on passing on the left: Vehicles may not cross the center of the roadway when passing a vehicle proceeding in the same direction unless the left side is clearly visible and free of oncoming traffic for a sufficient distance to pass and return to their lane before coming within 200 feet of oncoming vehicles, and without interfering with the operation of oncoming vehicles or the vehicle being overtaken.

Pennsylvania Vehicle Code, 75 Pa.C.S. Section 3305.

Passing a Bicycle in a No-Passing Zone. It is permissible to pass a bicycle in a no-passing zone, if done in accordance with Pennsylvania Vehicle Code Sections 3303 (a) (3), (bicycle steer clear law); and 3305 (relating to limitations on passing on the left).

Pennsylvania Vehicle Code, 75 Pa.C.S. Section 3307 (b.1).

  1. Motorist, When Turning, Shall Not Interfere With Bicyclist Proceeding Straight

The driver of a motor vehicle shall not, when turning, interfere with a bicyclist proceeding straight in accordance with the rules relating to the operation of bicycles.

Pennsylvania Vehicle Code, 75 Pa.C.S. Section 3331 (e).

  1. Rules for Riding on a Bicycle

Bicycle riders must ride astride a permanent and regular seat attached to the bicycle.

Bicycles may not be used to carry more persons than the bicycle is designed and equipped to carry.

An adult bicycle rider may transport a child in a bicycle child carrier that is securely attached to the bicycle or in a trailer that is towed by the bicycle.

Pennsylvania Vehicle Code, 75 Pa.C.S. Section 3504.

  1. Required Lamps and Equipment on Bicycles

Front Lamp:  Bicycles ridden between sunset and sunrise must be equipped with a lamp that emits a beam of white light intended to illuminate the bicyclist’s path and visible from a distance of 500 feet to the front.

Rear Reflector:  Bicycles ridden between sunset and sunrise must be equipped with a red reflector facing to the rear that is visible at least 500 feet to the rear.

Side Reflector:  Bicycles ridden between sunset and sunrise must be equipped with an amber reflector on each side.

Supplemental Lights and Reflectors:  Bicyclists are permitted to supplement the required front lamp with a white flashing lamp, light-emitting diode or similar device to enhance their visibility.  Bicyclists are permitted to supplement the required rear reflector with a lamp emitting a red flashing lamp, light-emitting diode or similar device visible from a distance of 500 feet to the rear.

Lamps and Reflectors Worn by the Bicyclist:  A lamp or lamps worn by the bicyclist shall comply with the requirements of the law if they can be seen at the specified distances.

Audible Signal Devices:  A bicycle may be equipped with a device that can emit an audible signal a distance of 100 feet.

Sirens:  Bicycles are not permitted to be equipped with any siren.

Brakes:  Every bicycle shall be equipped with a braking system that will stop the bicycle in 15 feet from an initial speed of 15 miles per hour on a dry, level and clean pavement.

Pennsylvania Vehicle Code, 75 Pa.C.S. Section 3507.

  1. Transporting Property on Bicycle

Bicyclists may not carry packages, bundles or articles, that prevent the driver from keeping at least one hand on the handlebars.

Pennsylvania Vehicle Code, 75 Pa.C.S. Section 3506.

  1. Bicycle Helmet Law

Pennsylvania law generally requires bicycle riders and bicycle passengers under the age of 12 to wear a bicycle helmet that meets the required standards contained in the Pennsylvania Vehicle Code.

“Wearing a helmet” means having a helmet of good fit fastened securely upon the head with helmet straps.

Helmets are generally not required under Pennsylvania law for persons riding in a restraining seat attached to a bicycle or in a trailer towed by a bicycle.

Pennsylvania Vehicle Code, 75 Pa.C.S. Section 3510.

  1. Bicycle Helmet Standards

It is illegal for anyone to sell or offer for sale a bicycle helmet that does not meet the standards of the American National Standards Institute, the American Society for Testing and Materials, the Snell Memorial Foundation’s Standards for Protective Headgear for Use in Bicycling or any other national recognized standard for bicycle helmet approval.

Bicycle Helmets that are sold or offered for sale must be labeled in accordance with the required standards.  The label serves as the manufacturer’s certification that the bicycle helmet meets to the required standards.

Pennsylvania Vehicle Code, 75 Pa.C.S. Section 3510.

  1. Violation of the Bicycle Helmet Law

Violation of the law is punishable by a fine of not more than $25.00, including all penalties, assessments and court costs.

A charge of violating the bicycle helmet law must be dismissed if, before the hearing on the charges, the person charged shows that they obtained a helmet that meets the required standards.

The bicycle helmet law does not apply to children under the age of 12 if they can produce a statement from the family’s church authorities attesting that it is against the tenets of the family’s religion to wear a helmet.

Evidence of the failure to use a bicycle helmet is inadmissible in civil trials, and the failure to use a bicycle helmet shall not be considered contributory negligence.

Pennsylvania Vehicle Code, 75 Pa.C.S. Section 3510.

  1. Lenders of Bicycle Helmets are Immune

No person or organization who or which lends to another person or organization a bicycle helmet, as described in Section 3510 of the Pennsylvania Vehicle Code, shall be liable for any civil damages resulting from any act or omission, except any act or omission intentionally designed to harm or any grossly negligent act or omission resulting in harm to another.

Pennsylvania Vehicle Code, 75 Pa.C.S. Section 3513.

  1. Bicycles and Pedestrians – Rights of Way

When riding on sidewalks or bike paths that are also used by pedestrians, the bicyclists must yield the right-of-way to pedestrians.

Bicyclists must give an audible signal to pedestrians before passing them on a sidewalk or bike path.

Pennsylvania Vehicle Code, 75 Pa.C. Section 3508(a).

  1. Riding Bicycles in Business District

Bicycles may not be ridden on the sidewalk in a business district unless permitted by official traffic control devices, nor when a usable bicycle only lane has been provided adjacent to the sidewalk.

Pennsylvania Vehicle Code, 75 Pa.C. Section 3508(b).

  1. Parking a Bicycle

General Rule: Except as set forth below, bicycles parked anywhere on a highway must adhere to the provisions of the Pennsylvania Vehicle Code relating to stopping, standing and parking.

On a Sidewalk: A person may park a bicycle on a sidewalk unless prohibited by an official traffic control device. However, a bicycle parked on a sidewalk may not interfere with the normal and reasonable movement of pedestrians or other traffic.

On the Roadway: A bicycle may be parked on a roadway at any angle to the curb or edge of the roadway, and may be parked abreast of another bicycle or bicycles, at any location where parking is allowed.  However, a bicycle may not be parked on a roadway in a manner that would obstruct the movement of a legally parked motor vehicle.

  1. Bicycles Prohibited on Freeways

General Rule: Except under very limited circumstances set forth in the Pennsylvania Vehicle Code, bicycles may not be ridden on a “freeway.” (The term “freeway” is defined in the Pennsylvania Vehicle Code, 75 Pa. C.S. Section  102 as “a limited access highway to which the only means of [getting on and off] is by interchange ramps.”).

Pennsylvania Vehicle Code, 75 Pa.C. Section 3511.

  1. Operation of Bicycle with Electric Assist

A person must be at least 16 years of age to operate a bicycle with an electric assist.

A bicycle with electric assist is defined in the Section 102 of the Pennsylvania Vehicle Code as a vehicle weighing less than 100 pounds with 2 or 3 wheels more than 11 inches in diameter, manufactured or assembled with an electric motor system rated 750 watts or less and equipped with operable pedals and capable of a speed of not more than 20 miles per hour on a level suface when powered by the motor source only. The term does not include devices specifically designed for people with disabilities.

Copyright © 2016 Freeburn Law

Disclosure

The information provided in this article represents general principles of law and is not specific legal advice from an attorney to you. No attorney-client relationship is created by providing the information contained in this article. You should never base a legal decision, to act or not act, on general information such as the information provided in this article. Proper legal advice requires close attention to detailed facts and thorough knowledge of all facts important to forming a judgment on the matter being considered. Before taking action on any legal issue, you are urged to hire an attorney by reaching a formal agreement with the attorney to advise and represent you. We invite you to get in touch with us and see if we can help you. For your FREE consultation, call Freeburn Law at the 7’s. Call 717-777-7777. Keep in mind, contacting us does not create an attorney-client relationship.

Dangers of Black Ice

Beware of Black Ice Conditions

Snow, ice, and  freezing rain makes winter driving hazardous. Before you get in your car to travel to work, shop or visit friends it is important to check the local weather and road conditions. Black ice or clear ice,  is a thin, transparent cover of ice on a road surface adds to the danger of winter driving. Black ice often forms in early morning and late evening when temperatures drop. Black ice can also be formed when there are periods of daytime warming and nighttime freezing. But black ice can be formed at anytime.

Areas prone to forming black ice are shaded areas; bridge and overpass surfaces; and the road surface under the overpass. Black ice has also been known to form on cold road surfaces from  warm car exhaust. Black ice is especially dangerous as it appears as a wet road surface to the vehicle driver.

If you should drive into an area  ice is important to remain calm. Keep your steering wheel straight. Do not hit the brakes, as this may make your car skid. Slow down by lifting your foot from the accelerator. If you can , get off the road or to an area that may have a clear road surface or an road area that will provide traction for your vehicle tires. It is most important to remain calm.

Knowing current and impending weather and road conditions; maintaining a safe driving speed; maintaining a safe distance from the vehicle ahead of you; and, maintaining the safety features of your vehicle can help to improve your driving safety.

The attorneys of Freeburn Law have many years of experience of protecting the rights of accident victims. Call us today at the 7's to learn more about how we may be able to help you.

Freeburn Law
Your Accident Law Firm
2040 Linglestown Road, Suite 300
Harrisburg, PA 17110
 
Telephone Number: (717) 777-7777
Toll Free Number: 1-800-303-8005

Pedestrian and Car Accidents

Recent Pedestrian and Car Accidents

In the past several days there have been several tragic accidents in Central Pennsylvania.

Regrettably in two separate incidents, two victims were killed when crossing a street; and,  an older man was killed when his car was rear ended by an oncoming vehicle while he was stopped waiting to exit Interstate 83. A young man and woman was injured when their horse and buggy was struck by a hit and run driver. And sadly a single vehicle accident resulted in the death of two woman and injury to 3 others when their minivan left the road and struck a tree.

Pedestrian and car accidents can have heartbreaking results. Freeburn Law can help you and your family during these very difficult times. Our attorneys are here to hold your hand; deal with insurance companies; and, make sure that you and your family are protected against further loss.

Freeburn Law has 12 offices located throughout Central Pennsylvania to better serve our clients. We can meet with you at one of our offices, at your home or hospital, at your convenience.

Call us today to learn how we can help you.

Freeburn Law
Your PA Accident Law Firm
2040 Linglestown Road, Suite 300
Harrisburg, PA 17110
 
Telephone Number: (717) 777-7777
Toll Free Number: 1-800-300-8005