Fraud can take various forms, from stealing someone’s personal identity to tricking individuals into providing sensitive information via phishing scams.
Some fraudsters even resort to fraudulent investment schemes or embezzlement to gain financial benefits at the expense of their victims.
Committing fraud often involves intentional deception, trickery or dishonesty aimed at defrauding individuals or organizations out of their money.
Some of the most notable fraud cases in recent history include Enron, Bernie Madoff’s Ponzi scheme, and the Wells Fargo banking scandal.
These cases show that many individuals and companies are willing to partake in unethical or illegal activities if it means financial gain, causing devastating financial losses for their victims.
To prevent fraud, individuals and organizations must remain vigilant, keeping a lookout for any suspicious activity and taking proactive measures to safeguard their personal and financial information.
In the United States, 11.7 million people visited emergency rooms in 2021 as a direct result of injuries resulting from the use of consumer products.
When consumers are hurt or killed as a result of a problem with a product, they have legal rights. Product liability laws govern these situations and dictate when and how victims can make a case for compensation.
In a product liability case, a plaintiff would need to demonstrate the following:
Plaintiffs do not need to prove that the defendant acted negligently or intentionally in product liability cases. That’s because a legal doctrine called “strict liability” applies in these types of claims. Under strict liability rules, plaintiffs can prove their case and prevail in court if they simply show that the problem with the product was the direct cause of unexpected harm.
In most personal injury cases, such as car accident claims or medical malpractice claims, victims must prove that the defendant either was negligent or acted intentionally to damage them in order to recover compensation.
For example, in a car accident case, the plaintiff would need to show that any reasonable person would have been more prudent than the defendant in the same situation. If the defendant’s lack of care can be directly shown to have harmed the plaintiff, then the defendant would need to pay damages.
In a product liability case, proving negligence is not necessary. This can make it easier for victims harmed by consumer products to prevail in a civil case and get the compensation they need after a product adversely impacts their health or well-being.
A products liability lawyer can provide more insight into how these types of cases are different and what that means for you as you gather evidence.
Victims can make a product liability claim as a result of many different problems with products that cause damages. Some common examples include the following.
Design defects occur when the product is flawed from the start. For example, if a vehicle’s design makes it more likely to roll over and cause serious injuries in an accident, this would be an example of a design defect.
In some cases, problems occur during the manufacturing process. For example, a manufacturer might leave a piece of the vehicle out at the assembly line or install the air bag incorrectly, thus increasing the risk of injury in a car accident. The manufacturer of the product as a whole could be held accountable, as could the manufacturer of its parts.
For example, if defective airbags are put into a car, the manufacturer of the airbags and the manufacturer of the car could both potentially be sued under product liability law.
Products may come with express or implied warranties.
Express warranties are written warranties that provide certain guarantees. The promises come directly from the manufacturer.
Implied warranties are not clearly written down in an agreement between the consumer and merchants or distributions. Instead, they are implied by law or circumstance. Implied warranties include the warranty of merchantability. This is a legal rule that dictates that a product can be assumed to be fit for use for its intended purpose. If the state requires certain types of items to have a warranty, this also creates an implied warranty for the product — even if the manufacturer doesn’t put it in writing.
Some products are safer than others. And, in certain situations, it’s impossible to eliminate all risk of something going wrong.
Manufacturers have a duty to disclose inherent side effects or risks associated with using a particular product if there are potential safety issues. If they fail to provide proper notification of potential dangers, this could be classified as failure to warn. It is considered a type of marketing defect that can give rise to a product liability claim in court.
