Product Liability

Product liability law is designed to protect the consumer during a commercial transaction. Each time you buy a product at the store, you can reasonably expect that this product is defect-free. If an item is defective and causes you injury or damage, then you may have a solid product liability lawsuit against the manufacturer and seller of this product.

There is typically an “implicit guarantee” on the part of the manufacturer that the products they supply to a retail store have been checked for quality and are fully functional. But this doesn’t just apply to things you buy at the store – it covers cars, medical implants (such as hip replacements), household appliances, children’s toys and strollers, and many more.

But when a product does cause injury, and especially in massive quantities, then it is very likely that somewhere along the line things fell through the cracks. Before an item reaches the consumer, it has to go through many hands – everything from initial design, multiple reviews, approval for manufacturing, and finally – distribution. It’s no wonder that we constantly hear of recalls of food, toys, cars, etc.

Any time a company is involved in a product liability suit, the attorney representing the injured party had to go through an extensive process of proving that the company that makes and/or sells the goods is at fault. Therefore, it’s very important to have an experienced product liability lawyer representing you in court. There are three main areas that cover most product liability cases, and you can choose to sue in one or all three of these categories:

Negligence
In this case, a plaintiff is required to prove negligence on the part of the manufacturer or seller of the product. There also must be proof of injury; saying that something could “potentially” do harm doesn’t warrant a successful lawsuit.

All companies have to exercise “reasonable care” in making products that are safe for their intended use. This is where your product liability attorney must be able to prove that the company either knowingly produced a defective product or was negligent throughout the manufacturing process.

1. 1. Breach of an Express or Implied Warranty
   This deals directly with product warranties – either express or implied, for individual parts or an entire product that has turned out to be defective.
2. 
   
3. 2. Strict Product Liability
   In this case, the plaintiff only has to prove that the product is unreasonably dangerous for its use and that it has caused damage or injury.

If you have suffered an injury from an unsafe product, a professional product liability attorney will help you assess the severity of your situation and advise you on your options in taking legal action against the responsible party.

Wrongful Termination

Many people don't know what the legal term "wrongful termination" covers. There is a big difference between being terminated unfairly vs. wrongfully. Personality clashes, for example, may lead to termination of employment, but this won't necessarily warrant a lawsuit. However, if the firing was done illegally, then the person who was terminated is entitled to receive financial compensation. In such cases it might be necessary to hire a professional wrongful termination and wrongful discharge attorney to help rectify the situation.

Depending on your state, employer-employee relationships are considered to be "at-will" – meaning that either party can end it without giving a reason. Still, there is a plethora of local, state and federal laws that govern this relationship. If the company breaks any of these laws when they terminate you, it may very well be that you have a case of wrongful termination.

Additionally, a breach of an employment contract, or even an "implied contract," can be construed as a wrongful discharge. Contracts are considered "implied" when they are not in writing; these are perceived agreements which are based on a number of things – including verbal promises, historical actions, company policy manuals and other similar things.

Here are a few examples of unlawful reasons for firing a worker:

• Discrimination – including race, gender, age, disability, religion and/or national origin


• Whistle blowing, i.e., when you report your employer's workplace violation to authorities


• When you refuse to do something illegal on the company's behalf


• Defamation and falsification of your record as an excuse to fire you (such as accusing you of stealing)


• Forcing you to quit by purposefully making your working conditions intolerable


• For taking legal time off from work such as for military service or voting

For instance, if your company's employee handbook indicates that your supervisor has to give you a verbal notice, followed by two written notices, to correct your actions before they can fire you, then this is exactly what needs to happen. Wrongful termination occurs when written procedures like these aren't followed, giving the terminated individual a just cause for taking legal action against the company.

Needless to say, if you are an employer, it is imperative that your employment contracts and employee handbooks are reviewed by an experienced wrongful termination attorney. This will help protect your company, ensure that you have proper employment termination procedures in place, and that your workers clearly understand your company policy.

Spinal Cord Injuries

When you hear of someone getting a spinal cord injury in the workplace, you never think that this type of a catastrophe can happen to you. However, this injury is a very serious issue that can evolve into a life-long problem. Therefore, if you've had such an accident, it's absolutely crucial to have the right spinal cord injury attorney representing you in court. You want a lawyer who has extensive experience dealing with such complex cases and has a proven track record of winning fair settlements for their clients.

If you've damaged your spinal cord, it's not only your physical state of being that becomes affected. Think of all the emotional distress and financial burden such an event can place on you and your loved ones. In addition, you really cannot foresee if your injury will flare up again, maybe years down the road when you least expect it.

The spinal cord is made up of nerve tissue that connects the rest of the nervous system to the brain. An injury to this sensitive pathway can be life shattering; therefore, the most important step to take right after your accident is to seek medical attention. The next step is to consult a spinal cord injury attorney – the sooner this is done, the more evidence you will have to support your case.

There are several common causes of spinal cord injury:

• Vehicle accidents


• Falling accidents


• Sports injuries


• Medical reasons such as spinal cord inflammation, restricted blood supply, infections, etc.

After an incident, the point of impact is usually called the "neurological level," and the injury itself is classified based on this level; it can either be "complete" or "incomplete."

"Complete" means that you have lost all feeling and ability to move below the neurological level; if you still have some of these functions in the affected area, then your injury is classified as "incomplete." This is just the first step in diagnosing the issue – it gets more and more complicated from there on out.

Having to live through all the physical complications and psychological distress brought on by a damaged spinal cord can literally put a person in a state of shock. The best way to manage this situation is to let a spinal cord injury attorney handle everything for you; this includes getting you the proper financial compensation for medical care, emotional suffering, and other damages. A good law firm will deal with everything on your behalf so that all you have left to worry about is taking care of your health and progressing toward a successful recovery.

Nursing Home Abuse and Negligence

As of April of 2010, there are 1.5 million US residents who live in nursing homes across America. While some facilities provide tender, loving care for their residents, others are rampant with abuse and neglects. The trouble with nursing homes is that often an elderly person who lives there has a physical or a mental disability; for that reason they are usually unable to communicate about the unfair treatment they receive. Therefore, the best way to determine if someone is being mistreated is to watch for signs of neglect and abuse.

Nursing home abuse tends to be more apparent than nursing home neglect; neglect can go undetected for long periods of time, while abuse is more noticeable by the appearance of bruises, scars and wounds, as well as sudden changes in behavior.

When it comes to nursing home neglect, bedsores are the number one indicator. The law requires nursing facilities to turn their residents over in their bed many times throughout the day. Bedsores appear when the individual is left un-turned for long periods of time, thus causing excessive rubbing of bones and skin against the bed. Other subtle signs of neglect include malnutrition, dehydration, and lack of heating or clothing.

Nursing home abuse is a little more severe, and can be either physical, emotional, or both. Examples of abuse include:

• Overmedicating or under-medicating the resident
• Room confinement
• Physical violence, including forceful restraint, hitting, burning or kicking
• Intimidation, humiliation, ridicule and verbal abuse
• Sexual abuse
• Taking the person’s possessions without permission

Even if the individual can’t tell you that they are being abused, you may notice sudden behavioral changes in them. They may look scared, worried, unkempt, depressed and even refuse to eat.

If you suspect negligence or abuse of your loved one in a nursing home, the problem should be immediately reported to the overseeing doctor or a staff member. A staggering number of nursing homes in America have been cited over issues of negligent and abusive staff. Reporting a problem immediately, and preferably in writing, will help resolve such injustice. If this doesn’t work, then your complaint will serve as evidence if you choose to take legal action.

If you feel that someone you love is being abused or neglected in a nursing home, you may consider discussing your situation with a qualified attorney. We all have aging family members who we love, and by working together we can help stop abuse and neglect in nursing homes.

Personal Injury

Many of us have had the embarrassing experience of slipping and falling in the middle of a grocery store, at the mall, your local bank, restaurant, school or college, movie theaters, and many other places. Though the pain of being embarrassed can be a lot to handle, what many people don’t realize is that often times the slip was unavoidable, and likely wasn’t their fault.

Companies worry about liability issues all the time – and rightfully so! When you have many people involved in maintaining the proper safety standards in a workplace, one oversight or negligent action can lead to very serious consequences. The tough thing about injuries is that sometimes you think you are fine, but a few months down the road you start noticing symptoms that were are a direct result of your accident, but for some reason didn’t appear until later.

In many cases the injured person is not covered by workmen’s compensation insurance, and ends up having to pay for the medical bills out of their own pocket. In such cases, the only way to recover the cost is to sue the owners (or the liable party) of the property where the incident happened.

The great news is that your attorney will be able to advise you on whether or not you may have a case against those responsible for your injury. For example, a recent news article illustrates a case where the defendant was not held responsible for the harm done to one of their customers. Cases like this make you wonder – would there be a different outcome to this story if the injured party was represented by a different law group? Read the story here and decide for yourself whether you think this was a just decision.

When it comes to personal injury, we must think of the long-term effects it will have on our life. Nobody wants to have permanent neck or back issues, broken or cracked bones, or dislocated joints; thus it’s important to get immediate medical treatment and ensure that your health is not going to be affected long-term.

If you were recently hurt in an accident, especially in an instance where you think it may have been someone else’s fault, we may be able to help you. The best thing you can do in this situation is to keep good records about your injury, and talk to an attorney who has a history of working on personal injury cases. Here is a quick list of some of the areas of personal injury law that our firm specializes in: http://www.folkmanlaw.com/personal_injury.html

Commercial Real Estate Litigation

When it comes to real estate litigation and landlord-tenant relations, there are two main things that a good attorney will have: extensive knowledge of applicable laws and a proactive approach to their client’s case.

Investors who own property in New Jersey, Pennsylvania, New York, or Washington DC don’t always live in these states; thus they rely heavily on their local attorneys to provide them with aggressive but fair representation during litigation in an event of a dispute.

Shopping malls, commercial office buildings and residential apartment complexes generate large amounts of revenue for their owners. During the tough economic times we are in today, many of the retail and commercial tenants end up defaulting on their leases. This leaves the property owner scrambling for a solution while trying to figure out a plausible remedy for this sticky situation.

However, let us not assume that it’s always the tenant who is at fault. Each side could be faced with different challenges when it comes to landlord-tenant disputes, thus it’s important to enlist the help of a professional attorney who has a thorough understanding of both sides of the issue. This includes understanding of some of the key areas such as:

• Typical structure of a Commercial Lease
• Proper procedures for Commercial and Retail Evictions
• Understanding of Bankruptcy and Corporate Restructuring processes
• Commercial Real Estate Loan structure and Financing laws
• Business ownership structures – including Partnerships, LLCs and Corporations

There are several other important areas, but these are some of the most common subjects which pertain to commercial real estate litigation. Investment property owners as well as commercial and retail tenants need to know that they can entrust their local attorney to provide them with the best level of expertise, guidance, and diligent hard work to protect their interests in a legal case.

Whether you are a commercial real estate owner or a tenant, core understanding of the landlord-tenant laws in your state will give you an edge in resolving difficult disputes and will allow you to make the best choices when it comes to legal proceedings.

In the end, finding a good law firm with attorneys who are knowledgeable in real estate litigation issues will save you a lot of headache, time and frustration down the road. If you are currently facing a landlord-tenant dispute in New Jersey, here is a great resource for some of the frequently asked questions on this subject: http://www.judiciary.state.nj.us/civil/civ-04.htm; if we can help clarify any information for you, please give us a call at 856-354-9444.

Civil Rights - Discrimination - Harrasment

When it comes to our civil rights, there is a fine line between neutrality and professionalism versus harassment and discrimination. Each time this line is crossed, our constitutional rights become violated. It is common for this to happen in the workplace, and thankfully there are laws in place which help protect us against the offenders.

It is remarkable how often we are faced with discrimination and harassment in the workplace, but most of the time we don’t say anything for the fear of retribution. Our silence will eventually lead to a depredated work environment, where even the most apparent assaults on our personal dignity become easily tolerated.

An example of such case is brought up in a recent news story about a woman from Philadelphia who is suing Walt Disney Parks and Resorts LLC over being groped by a costumed character while vacationing in Disney World in Florida in the spring of 2008. Though this incident occurred in 2008, the article clearly states that there were over 24 complaints filed with Florida authorities, all alleging similar inappropriate behavior from the company’s workers.

The main question here is whether or not Walt Disney Parks and Resorts LLC provides adequate sexual harassment training for its employees. In many states, companies of a certain size are required to put their workers through sexual harassment training at least once a year. In many cases, this beneficial ethics training could be recommended for companies of any size, with even just a few employees. Not only does this help prevent sexual harassment in a professional environment, but it also educates workers about their civil rights and helps everyone avoid suffering from unnecessary duress.

Another good example of a sexually hostile work environment, which wasn’t handled promptly by the managers, is a recent lawsuit against Knouse Foods. Women workers in one of the company’s plants, located in Gardners, PA, were continually harassed by their male co-workers. There is even mention of wrongful disciplinary actions being taken against the complainers. As a result, the company ended up paying out $300K to their female farmworkers to settle this lawsuit.

Sexual harassment is a serious issue that both the employers and their workers should be made aware of. What may seem like an innocent joke to some can mean a serious offense to others. A professional attorney can give you the best advice on what you can do to safeguard your company from sexual harassment and other civil rights lawsuits, and help your employees feel safe and comfortable in the workplace environment.

Website Launched

Welcome to the launch of Folkman Law Offices' Website. Visit us often at www.folkmanlaw.com as we update our blog. We are attorneys that have offices in South Jersey, Philadelphia and King of Prussia. Our areas of practice include commercial litigation, personal injury, employment discrimination, sexual harassment, wrongful discharge, medical malpractice, legal malpractice, civil rights violations and other areas of civil litigation.

Folkman Law Offices, P.C. to Launch New Website!

Check back soon as Folkman Law Offices, P.C. will soon be launching our new website!!!