Three Elements Needed to Establish a Product Liability Claim

pacemaker

According to a July 2017 report in California Healthline, DNA linked deadly germs to tainted devices used during heart surgeries to a German Factory.

Contamination at a German factory was likely the source of a global outbreak of deadly infections in heart patients. Scientists discovered the source by using whole-genome sequencing to match the DNA fingerprint samples taken from patients in several countries.

A 55-year-old Pennsylvania man was among patients infected with the germ in the United States. He appeared to recover well after his open-heart surgery in March of 2015. However, a product liability lawsuit filed on his behalf claimed that he became ill with a mysterious illness shortly thereafter. He had to be re-hospitalized because of an infection allegedly acquired via the heater-cooler unit used during his operation. He later died from the infection.

About 250,000 heart operations done in the United States each year use this same device. Approximately 60% are completed using the German heater-cooler model device approved in the U.S. in 2006.

Early reports of problems with the devices began in 2002. However, the FDA became aware of the problem in 2014. The FDA waited about a year to inform the public about the problem with the devices. Many hospitals, including the University of Iowa Hospitals and Clinics, still use the devices during their heart surgeries. They place the device in a different room connected to operating room to try to avoid patients become infected.

The outcome of the lawsuits involving the devices are not yet known.

Product Liability in San Bernardino

Every product on the market is not supposed to injure a consumer when used properly. Unfortunately, companies do not always make products safe for public use. When a product injures a consumer, it is considered a defective product. The defect can be caused by a:

  • Manufacturing flaw
  • Design defect
  • Inadequate instructions or warnings

Three Elements Needed to Establish a San Bernardino Product Liability Claim

To successfully win a product liability claim, a consumer must prove three things, called elements in legal terms. These three elements are:

  1. The product was defective. It may be obvious, but the court requires a consumer prove that there was a design or manufacturing flaw with the product. If the flaw was an inadequate warning, that must be shown, too. The consumer also has the burden of proving they used the product in the way it intended.
  2. The defect existed prior to the company, or defendant, placing the product on the market.
  3. The defect caused the consumer’s damages such as pain and suffering, medical bills, and lost wages

Contact the Attorneys of Sanford A. Kassel Law About Your San Bernardino Product Liability Claim

Products on the market are supposed to be safe to use. When they cause an injury, you have the right to sue for your damages. Contact us about your product liability claim. We are ready to fight for you.

Only Specific Family Members can Sue in a San Bernardino Wrongful Death Claim

wrongful death

The families of San Bernardino attack victims have sued social media companies for wrongful death, according to a Los Angeles Times May 2017 article.

The families filed a wrongful death claim in U.S. District Court for the Southern District of California against Google and social media sites Facebook and Twitter. They allege the companies allowed the Islamic State to build an online presence and disseminate its extremist beliefs. The presence allowed it to recruit and promote attacks like the December 2, 2015 shooting at the Inland Regional Center.

In the 2015 attack, Syed Rizwan Farook and his wife, Tashfeen Malik, shot 14 people. A total of 22 people were injured during the attack. The families of some of the victims claim the social media and Internet companies allowed the posting of content supportive to Islamic State that radicalized the couple.

In other words, the defendants were liable for aiding and abetting wrongful death, international terrorism, and providing support for terror groups.

The defendants, in their response filed with the court, sympathized with the families. However, they claim no liability in the victims’ death.

What is a San Bernardino Wrongful Death Claim?

A wrongful death claim is a personal injury lawsuit filed on behalf of a loved one killed because of someone’s negligence. The lawsuit seeks to recover damages, or money, related to their loved one’s untimely death. The reason it is a wrongful death is because it is an untimely death cause by the negligent acts of a company or person.

Not every family member can sue for their loved one’s death. California personal injury law permits only certain family members to file such a claim.

Immediate San Bernardino Family Members are Allowed to File a Wrongful Death Claim

Family members or a deceased person, commonly called survivors, can file a wrongful death claim separately or jointly. Jointly refers to one of more family members filing one lawsuit together. The immediate family members, or surviving relatives, who can file a wrongful death claim are the loved one’s spouse and children.

If the Loved One had No Spouse or Children, a Wrongful Death Claim can Still be Filed

In certain situations, an individual who dies because of a negligent act may not have children or a spouse. According to California wrongful death law, a small group of family members are then allowed to file a claim. The family members next in line to file a claim are the victim’s:

  • Parents
  • Siblings
  • Children of the loved one’s siblings
  • Grandparents
  • Any lineal descendants

However, if the victim does not have any of those family members, another set of relatives can file a claim. They include:

  • Putative spouse
  • Children of the putative spouse
  • Stepchildren

When experience counts, you can trust the San Bernardino wrongful death lawyers at Sanford A. Kassel, A Professional Law Corporation.

Your family member had a long life ahead of him or her. Now you are left to pay the expenses related to your loved one’s death. Let us help you obtain the money you need to pay your loved one’s expenses. Contact us.