Injuries caused by defective products are recoverable through product liability claim. Under the law, the manufacturers and distributors can be held responsible for injuries sustained by consumers.
If a product is found defective and its ill effects are proven, a product recall may be initiated by either the manufacturer or the distributor. Hence, reporting a defective product is necessary to prevent further harm or injury to consumers.
The article, “Nearly 1.6 Million Baby Cribs Recalled after Two Infant Deaths”, posted on October 21, 2008, provides an example of a voluntary recalling of a defective product after the reported death of two infants.
Based on the article, the investigation conducted by the Consumer Product Safety Commission revealed that the two infant deaths were caused by defective drop sides of the cribs. As a result, the manufacturer voluntarily pulled out or recalled all infant cribs made between 1995 and 2007 from the market, including mass retailers such as K-Mart, Wal-Mart and Target.
Normally, the process of product recall begins when defects in a product are reported and these are often noticed only after harm or injuries have been inflicted on consumers, or worse, when a life has been claimed.
Defective products are sometimes returned to the distributor who, in turn, notifies the manufacturer about the defects. After series of tests and recommendations are made, a defective productive may be recalled from the market.
If you believe your injuries are caused by the use of a defective product, you should immediately consult with a personal injury lawyer who can properly evaluate your case and take the necessary action, including the possible recall of the product in question.
Most state laws allow individuals to exercise their right and duty to vote during elections. Under California Election Code section 14000, for instance, workers are given at least 2 hours to leave work and vote without loss of pay.
This state law provision is discussed in the article “California Employees Must Receive Time Off to Vote”, posted on October 14, 2008. The article also mentioned that under the guidelines, employees must be given notice 10 days before the election.
In California, as in many other states, an employer has to provide an employee a time of to vote; otherwise, he will be liable for denying workers this right.
Under the law, a worker or employee who has no sufficient time outside of working hours to vote in an election may take off enough working time, without loss of pay, to allow him to vote.
However, no more than two hours of the time taken off for voting shall be allowed. According to the law, the time off for voting shall be only at the beginning or end of the regular working shift, whichever allows the most free time for voting and the least time off from the regular working shift, unless otherwise mutually agreed.
If an employee realizes that time off will be necessary to be able to vote, he must give his employer at least two working day’s notice regarding his intention to take time off from work to vote.
Employment and labor laws support suffrage or the individual’s right to vote hence workers are given the chance to exercise this right and privilege. Workers who are denied the time to vote can seek the assistance of an employment lawyer to report the violation.
Generally, under the law, there is a case of sexual harassment present the following elements, to wit:
• Unwelcome sexual advances
• Requests for sexual favors
• Other verbal physical conduct of sexual nature
They should be established in order to have a clear case of sexual harassment. Absent any of the above-mentioned elements would prove fatal to the sexual harassment claim.
However, the strength of the claim, needless to say, should start from the very beginning – the investigation, which the complainant must be prepared lest his/her complaint will be rendered inutile.
Investigation may consist of questions and answers. In all probability the complainant will be asked the following, to wit:
1. Who harassed you
2. What did he/she do
3. When did he/she do it
4. Where did it happen
5. Were there any witnesses
6. Who did you tell
7. Who else has been harassed
8. What did you do
9. What do you want done
10. Would you like to see a counselor
In 2007 alone, the EEOC recorded at least 11,592 sexual harassment charges and recovered a staggering $49.9 million in monetary benefits for the victims and other aggrieved individuals. The amount doesn’t even include monetary benefits obtained from litigation.
For the victims of sexual harassment who wanted to seek justice and vindication for what happened and what will eventually happen to them, immediately contact a professional whose expertise consists of handling sexual harassment claims, successfully that is.
With the continuous downfall of the economy, many businesses are forced to shut down to minimize greater losses or stop incurring more losses. Every day we hear hundreds of workers being fired due to many reasons. Recently, mass lay offs are caused by the financial crisis.
While business closure may benefit employer, it may also lead to disadvantageous consequences. One consequence would be the bombardment of wrongful terminations suits by the employees.
However, employers may prevent a possible termination suit if they have adopted mechanisms starting at the hiring of their employees. Manner of termination or standard procedures during reversible losses may have been embodied in the employment agreements.
My heart goes out to all workers whose jobs have been jeopardized due to this crisis that may have been prevented from the very start. If only those people responsible have done their job, none of this should have happened.
I know it is already late to point finger. The damage had already been done and trust me it will have a long chilling effect on the public as a whole.
I am sure we have learned our lesson. It is sad though to have learned it this way – the hard way.
Firefighters are generally regarded as tough, macho heroic men. But as human as they are, they can be sensitive and offended some times.
Four San Diego firefighters filed a sexual harassment lawsuit very recently. They alleged that they were exposed to sexually-charged scenes and lewd comments after they were made to participate in the last year’s gay-pride parade.
It is rather an unusual jury case and an unprecedented case, I believe. But I think what really drives these firefighters to institute an action of sexual harassment is when after they brought the matter to their superiors, they were allegedly “mistreated” and continued to receive offensive remarks.
This is a lesson to learn for the employers to take sexual discrimination complaints rather seriously.
Because of this, what could have been a joyous celebration for the members of the third sex was tinted with another controversy, only this time it was the heterosexuals who cried harassment.
These firefighters, if they won the lawsuit, may recover compensation for damages, attorney’s fees and court costs, if adjudged proper.
If you believe only men and women can file workplace discrimination suits against their employers – think again.
The article, “Transsexuals Discriminated Against at Work can Fight Back”, posted on October 2, 2008, is the story of a former US Army commander who had won her discrimination suit against the government. The former soldier, who was a man at that time, said she experienced discrimination after she announced her intention to undergo a sex change operation.
The transsexual won her case after the court determined that the former soldier was a victim of gender discrimination.
If you believe you have been discriminated in the hiring, firing and getting promotions at work, you can file a discrimination suit against your employer.
Federal and state laws prohibit discriminatory acts against persons based on their gender, religious belief, race, disability, among others.
Under the law, victims of discrimination may first file an administrative complaint in their work offices and through any office of the Equal Employment and Opportunity Commission (EOOC).
The charge or complaint must first be addressed by your employer to determine if it is valid. If the issue is not resolved, the agency will then issue a “right to sue” to the victim. After which, a victim may pursue his claims with the help of a lawyer.
