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There are various types of claims that can be filed in a civil tort lawsuit.  Briefly, according to the Second Restatement of Torts, a tort is an act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which the courts may impose liability.  This definition is the one used by judges and is taught to every law student in America.  Essentially, this definition means that when someone does something that causes an injury to another person, and this is the type of conduct for which the court will impose a remedy, a case can be filed on this basis.

Products liablity There are various different types of torts, and there are also what are known as intentional torts and negligence torts.  For the purposes of personal injury law, we are mainly talking about negligence torts, though, there can also be a lawsuit for intentional torts like assault and battery, false imprisonment (civil kidnapping), arson, conversation (theft) and various others. Continue reading

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There is no question that millions of Americans are in need of potentially life-saving medications to prevent strokes from occurring.  In fact, as discussed in a recent Bio Pharma Dive article, strokes are up in the U.S.

Products Liability cases BostonThe conventional treatment for strokes for decades was Warfarin (Coumadin), which is a blood thinning medication.  In 2010, the U.S. Food and Drug Administration (FDA) approved the first of a new class of drugs to compete against Warfarin.  This new class of drugs was labeled new or novel anticoagulants (NAOCs) and works in a different way that Warfarin.  This new drug was called Xarelto, and when it came on the market, many patients started taking it instead of Warfarin. Continue reading

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Hip replacement surgery may not make you feel 20-years-old again, but a properly-designed artificial hip should last at least 20 years, and should not cause you substantial pain. Unfortunately, a significant number of defective hip replacements are on the market. Consumers may assume the pain is merely a symptom of the surgery, and many turn to opioids to cope.

According to a recent article from the Gloucester Times, a study at Brigham and Women’s Hospital in Boston involving 156 hip replacement patients took a look at how long-term opioid use can affect hip replacement operations and the level of pain suffered by patients.

Boston Product Liability lawyer Many patients who elect to have a total hip replacement operation have been suffering from chronic pain for a long time before having surgery.  This is because many get a total hip replacement following a degenerative hip disease such as osteoarthritis. Continue reading

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According to a recent news article from Autoweek, BMW has issued a major recall of 45,000 older 7 Series vehicles.  These sedans were made between 2005 and 2008, and all feature what the company called Comfort Access and Soft Close automatic doors.  These doors are designed to close softly rather than slamming closed, as many other car doors do.  This was considered a luxury feature at the time these cars were manufactured.

Boston Product Liability While this is the first door recall for the cars made during those specific model year vehicles, it is not the first recall involving these automatic-closing doors.  The company’s 2012 vehicles also featured a version of these doors, and a major recall was issued.  The reason for all of these recalls involving this type of luxury door is because customers have reported the doors opening by themselves while the car was traveling at highway speeds.  In some cases, the doors could come off, causing serious personal injury to those in other vehicles, as the door could cause significant damage. Fortunately, there have been no reports of serious injury as of this point.  The company is urging all drivers and passengers to make sure their seat belts are fastened until they can get the doors fixed, so they do not get ejected from the vehicle should the doors fall off at highway speeds. Continue reading

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When kids are on summer break and the weather is nice, it’s a great time for young people to get outside and enjoy fun activities. Unfortunately, there are some summer toys which are really risky for kids.  Parents need to make sure they are choosing safe products for their children, checking for recalls and supervising kids so children don’t take unnecessary risks. injury lawyer

Manufacturers of toys and children’s products are also held to very high standards for safety. If products have defects or cause harm to children because the manufacturer didn’t incorporate the right safety features or warn parents of product risks, there is a good chance the product manufacturer could be held legally liable if a child sustains an injury.

A Boston product liability lawyer should be consulted after a child is hurt or killed by any product to determine if the parents and child can make a case for compensation. Continue reading

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Not too long ago, when you thought of a total knee replacement, you probably associated it with a medical procedure for the elderly.  With total knee replacement surgery leading all other elective surgical procedures in the nation at around 600,000 performed each year, that is no longer the case. It is estimated that by the year 2030, there will be around 3 million of these operations performed each year in the U.S.  That is an astounding number compared to just two decades ago.

defective knee replacement lawyerAccording to a recent news article from The Spokesman Review, a 40-year-old woman just had a total knee replacement, and she is a member of the fastest-growing demographic for those having a total knee replacement.  She is as far from the prototypical elderly patients of 20 years ago as you can get.  The main question is why did she have the procedure? Continue reading

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If your child is invited to birthday parties this summer, he or she may encounter a bounce house. Portable bounce houses have become really common, as they can be delivered and set up quickly to provide a fun activity children enjoy. Unfortunately, portable bounce houses can also be really dangerous for kids, especially if they are not set up correctly or if there is a defect in the product which causes the bounce house to be less safe than it should be when it is inflated. child injury lawyer

Parents need to understand the risks both of having portable bounce houses at children’s parties they are hosting, as well as the risks of allowing their children to play in bounce houses at parties or events which are thrown by other friends or relatives or community groups.

While your child may be clamoring to play, you want to evaluate whether or not you think it is safe for you to allow your child to use the bounce house. If your child does get hurt, it is also important to know what your rights are for taking legal action. Boston product liability lawyers can help parents to determine who can be held accountable and what legal arguments to make when pursuing a claim for compensation based on a child sustaining injury in a bounce house.

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Summer is a time for cookouts on the grill. Unfortunately, a fun outdoor barbecue could quickly turn into a devastating disaster if something goes wrong with a grill. Grills could be dangerous not only while in use, but also while simply being stored near your home. Explosions and serious burns can occur if a grill malfunctions, and sometimes injuries from malfunctioning grills are fatal. product liability attorney

If you or a loved one suffers an injury due to any type of problem with a grill that is being used, the manufacturer, distributors and others involved with the production or sale of the grill can be held legally liable for damages. A Boston product liability lawyer can assist victims of grilling injuries in pursuing a claim for compensation by proving they were hurt as a direct result of a problem with a grill they were utilizing.

Malfunctioning Grills Present a Big Risk at BBQ

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According to a recent news article from ABA Journal, a jury has just awarded a plaintiff $110 million in a talcum powder lawsuit alleging product liability.  The claim was that defendant (Johnson & Johnson) manufactured talcum powder that caused her to develop ovarian cancer.  Not only did the jury find this to be true by a clear preponderance of the evidence, they awarded her the largest verdict ever in a talcum powder products liability case.

product liability attorneyWhile this is the largest talcum powder verdict by a long shot, it is not the only large verdict.  There have been verdicts of $55 million, $70 million and $72 million in other recent cases. Continue reading

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Total knee replacement operations are the most popular elective surgical procedure in the U.S.  There are over 600,000  performed each year. While this is an incredible number, the next most popular elective surgical procedure is the total hip replacement.  These involve more than 300,000 operations annually. That figure is expected to grow in the years to come at a high rate.

One of the reasons we are seeing more operations is because younger patients are more willing to have a total joint replacement because they are tired of chronic pain and the surgery. More importantly, the recovery time is much better and easier to deal with than it was in years past.

A major reason for that is because of advances in technology. hip replacement lawyer Continue reading