Man or machine: Liability issues in trucking accidents

April 25, 2015 mismaslawfirm 1 Comment

When a person is involved in a trucking accident, the truck accident law comes into effect. This law covers personal injuries sustained by people inside a vehicle as a result of a collision with a commercial freight truck, also known as a big rig. There are two main reasons for trucking accidents – the human factor (driver error, etc.) and the mechanical factor (defective brakes and tires, etc.). Determining liability requires the satisfaction of certain criteria.

Truck accidents could be (or largely be) due to human error. Driver negligence can be in the form of drowsiness, aggressive driving, drinking, or using his or her cellphone while on the road. Liability can also be imputed on the employer of the negligent driver. Those who loaded the truck can be held liable, if the accident was caused by improper loading of the truck’s cargo.

On the other hand, accidents can also be caused by mechanical failure, such as faulty brakes and defective tires. In this case, the manufacturers and those in charge of maintenance of the truck’s parts are held responsible, along with the driver and the owner of the trucking company, as it is their duty to make sure that the trucks they are using are up to federal standards and not at all road hazards.

Trucking, hauling and leasing companies may argue over who is actually liable and should pay for the damages caused. In most cases, finger-pointing among these companies ensues. Cases of negligence during a truck accident might be difficult to prove, so legal representation should be sought immediately.

John Mismas is an Ohio-based plaintiffs trial lawyer who dedicated his life to helping individuals wronged by multinational corporations and the insurance industry. For more advice on legal matters, follow this Mismas Law Firm Twitter page.

Three major types of product liability claims

March 25, 2015 mismaslawfirm 1 Comment

Manufactured products could cause injury or harm to consumers. When a person gets hurt by a defective product, then the product liability law comes into play.

Product liability holds manufacturers or sellers responsible for placing a defective or dangerous product in the hands of a consumer. Normally, a product should meet the expectations of consumers, on top of trade regulations. When a product has a defect, then it does not meet consumer expectations, and the sellers or manufacturers are held liable for any damage caused by these defective products.

There are three types of product liability claims:

• Manufacturing defects arise during a product’s manufacture or assembly due to poor-quality materials or shoddy workmanship. For example, if manufacturers of wooden furniture do not have a process for inspecting the wood used, some of the pieces could have knots and voids. A substandard chair of such make could break when sat on and a person sitting on could be injured.

• Design defects are inherent in the product. In other words, a design that proves harmful and dangerous than useful is a design defect, and should not have been conceived in the first place. Airbags that are not thick enough to absorb a collision and protect the driver are examples of a defectively designed product.

• Failure to warn. Also called “marketing defects,” these are products that are do not have adequate warnings or instructions on how to use it safely. These products may be dangerous to a consumer in ways they may not be aware of. An example would be injury or illness caused by over-the-counter drugs that do not have warnings on the hazards of using it with other drugs or its side effects.

Knowing these three types of product liability claims can inform disgruntled consumers if they have a valid claim. Moreover, consulting a lawyer on the matter will enlighten consumers on the strength of their case and how much damages they can expect in the event of court victory.

Mismas Law Firm is an Ohio-based firm focusing on the protection of victims of multinational corporations and insurance companies. Learn more about related legal topics by subscribing to this blog.

Mass tort and class actions: The case of asbestos exposure

February 27, 2015 mismaslawfirm Leave a comment

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Asbestos litigation is the longest running mass tort in litigation history, and more than 600,000 individuals affected by exposure to the deadly mineral have filed asbestos claims.

Torts are civil wrongs that cause harm or loss to a person and can be rectified by the law by awarding damages to the victim or the plaintiff. Mass torts involve numerous plaintiffs and one or more corporate defendants who acted negligently.

Most people are more familiar with class actions than mass tort actions. The former permits one or more plaintiffs to file a lawsuit on behalf of a group of similarly situated people. In order for a group of plaintiffs to be considered a “class,” they must satisfy certain criteria. Generally, they need to share similar symptoms resulting from shared circumstances before the courts certify the group of plaintiffs as a “class” and allow the mass action to proceed.

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In a mass tort action, plaintiffs are required to share questions of fact and law arising from the same circumstances or occurrences. Although cases are consolidated in a mass tort action, each plaintiff’s case is treated individually and he or she receives his or her own separate trial. Additionally, plaintiffs in a mass tort action can hire their own legal counsel. In contrast, plaintiffs in a class action are treated collectively: there is only one trial, and the judgment from the suit is for all of the members of the class.

Class actions are rarely used in asbestos cases as symptoms and circumstances vary among plaintiffs, and because they take a long time to settle: Many plaintiffs affected by mesothelioma, asbestosis, or other asbestos-related disease might not survive a lengthy trial.

For many plaintiffs, pursuing legal action for asbestos-related injuries is a way to ensure that they get the compensation they need to pay for medical treatment or, if the plaintiff is deceased, to provide financial assistance to loved ones left behind.

Individuals adversely affected by asbestos exposure and who are considering filing a claim under a class action or a mass tort action should speak with an experienced attorney as soon as possible to learn more about their options.

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Mismas Law Firm has a solid history of successful asbestos exposure litigation. Follow this Twitter account for more discussions on mass torts and class actions.

Battling the giants: A fight for workers’ compensation

January 24, 2015 mismaslawfirm Leave a comment

A fight for worker’s rightful compensation is a battle for human right. It is a war that wages the rights of the sick or the injured against the self-interest of an employer. As a result, legal cases related to workers’ rights tend to be adversarial, which often necessitate the assistance of a lawyer who understands worker’s compensation claims.

For years, Mismas Law Firm has provided legal representation to people who have been killed, injured or financially devastated by multinational corporations and insurance companies. In 2013, the firm, led by attorney John Mismas, set the record verdict in Ohio, $27.5 million in total, on behalf of his clients who were directly and indirectly affected by asbestos exposure.

In the said case, one of the victims, John Panza, was compensated for his fatal illness, which he acquired during years of second-hand exposure in relation to the clothing worn by his father (who died of lung cancer) who picked up asbestos dust at his job at the Eaton Airflex brake company. According to the verdict, John is entitled to damages. The jury also awarded his wife for the deprivation of benefits of a family relationship due to her husband’s disease.

Those who have been injured on the job, whether in a work-related injury, trauma, occupational illness, may fight for a worker’s compensation claim. Guided by the government’s Workers’ Compensation Programs (OWCP), workers are entitled the right for compensation, including wage replacement benefit, medical treatment, and vocational rehabilitation, among others.

Again, worker’s compensation is a human right. Fighting for one may be difficult, but it surely is a battle worth fighting for.

More information on worker’s compensation can accessed through this Mismas Law Firm Facebook page.