Practice Areas
Blog 
Personal Injury
- More news on the Whole Foods beef recall
- 10 Worst Insurance Companies in America
- Equal justice under law must be campaign issue
- I call insurance company rules!
- Three more salmonella cases confirmed in N.J.
- Retailer Sues UL for Certifying Defective Heaters
- Tomatoes linked to Pa. salmonella
- NURSING HOMES AND MANDATORY ARBITRATION
- Interactive Guide to Your Body
- Federal Court Jury Awards 6.2 Million Dollars in TASER-Related Death
Premises Liability: The Slip and Fall
- ELMIRA ATTORNEY CONTINUES TO INVESTIGATE OUTBREAK OF LEGIONNAIRES’ DISEASE AT THE FLANNERY TOWERS
- Drunken man paralyzed after fall down stairs gets $17M
- Skiier Injured Exiting Chairlift Did Not Assume Risk
- Former pro football player gets $1.1M for fall in store
- Family of resident who died from sepsis awarded $2M
- Hotel guest injured when chair broke awarded $550,000
- Concierge gets $3.78M for fall at hotel
- Scalded tenant gets $2M from landlord
- Worker recovers for fall caused by 'junk brick'
- Pa. Church Volunteer Who Lost Leg in Accident Awarded $4 Million
Vehicle and Automobile Accidents
- PennDOT construction workers authorized to write police arrest reports
- Court Holds Police Officer Injured Outside His Cruiser Is A Protected Person
- Allstate Finally Gives Up McKinsey Documents in Florida
- Unhealthy neglect of CDL standards in Pennsylvania
- When does ATV riding become illegal?
- Insured Not Allowed UM/UIM Benefits for Accidents Caused By Co-employee
- New Pennsylvania Federal Court Section 1734 Sign Down Case Nullifies Alleged Sign down Of UIM Coverage
- New case law on signing releases in complex cases
- The importance of wearing your helmet while riding an ATV
- Federal Verdict Against GM in Rollover Lawsuit
Workers' Compensation
- Conveyor's designer pays $1.4M to man whose arm was snared
- I'm in the news....
- Anti-Union Sentiment in Religious Institutions
- Pennsylvania Workers' Compensation Judge Book
- The Defense Base Act Protects American Workers Injured in Iraq and Afghanistan
General
- Whole Foods recalling possibly contaminated beef
- Study finds settling is better than going to trial
- New Consumer Safety Legislation
- Emergency Unemployment Compensation
- Top Pa. judge: Counties to get longer jury lists
- Toymakers Frustrated by Patchwork of Safety Rules
- Athens attorney Maureen T. Beirne nominated by governor for county judgeship
- Health "Insurance Jive": Do you speak insurance?
- U.S. Supreme Court deals with ERISA disability determinations
- It pays for defendants to settle quickly and easily
Legal News
Bradford County Court in the News
Athens lawyer attends conference
Workers compensation claim filed against Sayre Borough
Athens attorney Maureen T. Beirne nominated by governor for county judgeship
Press Release: Carrie Carroll Awarded Honor
CraftMaster offering buyouts to its salaried employees in Towanda, Pa
Bradford County launches victim notification system
Bradford County Court House In The News
CNN: What To Do After A Car Accident
Legal Library
Personal Injury
- Secrets Kept From Juries In Personal Injury Cases
- Health Plan Sues Accident Victim to Recover Entire Settlement Recovery
- Schizophrenia and Traumatic Brain Injury
- Filing a Wrongful Death Lawsuit in Pennsylvania and New Jersey
- Eight Things You Should Know About Pursuing An Injury Claim
Premises Liability: The Slip and Fall
- Supermarkets Especially Prone to Slip and Fall Injuries
- New Pennsylvania Superior Court Case on Dog Attack
- If You Have Been Bitten or Attacked by a Dog, Then You Need to Read This Article
- How to Make a Claim for Injuries Due to a Dog Bite-Part I
- Slip and Fall Cases in Pennsylvania and New York
Workers' Compensation
- Filing Your Mesothelioma Law Suit - Frequently Asked Questions
- Do you really have to see the company doctor? Exploding the Myth of the 90 Day Rule
- Flow of a Pennsylvania Workers' Compensation Claim
- Employment Accidents -- An Overview
- Former Welder's $1 Million Verdict Will Stand
Vehicle and Automobile Accidents
- Common Insurance Company Arguments
- School Bus Accidents Can Be Prevented by Safety Training and Parking Lot Design
- Traumatic Brain Injuries Associated With Motorcycle Accidents
- A Basic Understanding Of Car Accident Cases
- Crashworthiness: A Legal Doctrine
Newsletters
General
Unsafe Products - What Are Your Rights?
When it comes to product safety, consumers depend on manufacturers to produce items that have been rigorously developed and tested to the highest standards of quality and safety. But what happens when we purchase faulty, defective or unsafe products? What are consumers' rights?
Reasonable Care
The term "reasonable care" or "standard of care" often comes up in unsafe products litigation, and for good reason: the idea of reasonable care is at the heart of products liability. The law expects that both manufacturers and consumers will act with reasonable care.
Basically, this tenet means that a reasonable manufacturer would do everything in its power to develop a safe and marketable product, while a reasonable consumer would take heed of product warnings and use a product in its intended manner. For example, it is reasonable for a manufacturer to design automobiles to be crashworthy, or able to sustain an automobile accident with minimal impact and injury to passengers. At the same time, it is reasonable for a customer to drive an automobile in a rational and safe manner. The manufacturer cannot be held liable for a driver's erratic decision to drive her car into a ditch regardless of the ultimate crashworthiness of the car.
Reasonable care extends to the actions of consumers when using a product. For example, if a manufacturer has placed a warning label on a toxic chemical used for house cleaning - within its reasonable standard of care - and a consumer chooses to disregard this warning label and drink the cleanser, the manufacturer will not assume liability for the consumer's injuries.
Unavoidable Dangers
Under the standard of reasonable care, manufacturers are expected to adequately warn consumers about the potential dangers of their products. However, manufacturers cannot be held liable for unavoidable dangers of a product. For example, manufacturers often place potentially unsafe products - such as heavy machinery or drugs - on the market. They cannot be held liable for injury sustained by consumers, who are expected, by the doctrine of reasonable care, to understand that the use of heavy machinery or prescription drugs carries with it an inherent and unavoidable risk.
Caveat Emptor No More?
The law used to favor businesses with a strict caveat emptor ("let the buyer beware") interpretation of products liability law. However, the courts are beginning to recognize more and more responsibility on the part of businesses and manufacturers to inform their customers about the inherent risks of their products and to design their products with safety in mind.
Businesses are liable for products that pose a danger to consumers. This is a good tool for consumer protection - strict liability laws hold manufacturers accountable for educating the buyer and creating safe products for consumers and gives consumers redress when they have suffered injury from an unsafe product. If you have been harmed by an unsafe product, consider contacting an attorney experienced in the field of products liability law. A lawyer with experience in unsafe products litigation can help assess whether you have a valid claim and lead you through the legal process.
LegalView is the number one source on the Internet for legal information, visit http://www.LegalView.com to learn about a variety of legal topics, legal information and jury verdicts on these related topics. Find information on traumatic brain injury at http://brain-injury.legalview.com or learn how to contact an experienced auto accident law firm at http://crash.legalview.com/ .
Quick Contact
Carroll & Carroll, P.C.
100 Center Street
Athens, PA 18810
Phone: (570) 882-8683
FAQs
Personal Injury
- I was injured in a car accident and the other driver's insurance company has requested that I send them my medical records. Should I?
- What factors determine who is at fault in a car accident?
- What is my case worth?
- The insurance company says that I don’t need a lawyer to settle this. What do you think?
- The insurance company offered me a settlement almost immediately after my serious accident. Should I accept it?
Workers' Compensation
- What workers' compensation benefits am I entitled to?
- What medical benefits does the Act provide to a worker after they have sustained an on-the-job injury?
- Should an injured worker apply for unemployment benefits?
- If I am injured on the job can I choose the doctor who treats me?
- If I am unable to return to the type of work I did before I was injured, what happens?
General
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