Understanding Product Liability and Breach of Warranty
At Flickinger Sutterfield & Boulton, our attorneys handle different types of lawsuits to help clients obtain the maximum compensation for their injuries and other damages. One type of lawsuit our attorneys handle is product liability and breach of warranty. A product liability lawsuit may be filed when a product doesn’t work as expected and causes injuries. Our attorneys can help victims injured by faulty products recover damages for lost wages, medical expenses, and pain and suffering through a product liability and breach of warranty lawsuit. If you live in the Provo, UT area and believe you were injured by a defective product, we encourage you to contact our attorneys to discuss your legal options. What Is Product Liability? Product liability is a type of legal liability placed on manufacturers or sellers when a product has an unexpected defect or is unexpectedly dangerous. Product liability laws are intended to hold manufacturers and sellers liable when defective products get into the hands of consumers and cause injury or other damages. What Is a Breach of Warranty? Product warranties are guarantees made to consumers that a product will work a certain way or function to a certain standard. A breach of warranty means that a product failed to function or work as represented or promised by the seller or manufacturer. There are different types of breaches of warranty: breach of express warranty and implied warranty of merchantability. Breach of Express Warranty Express warranties are clear promises that a product will perform or function a certain way. Express warranties are generally included in sales contracts, but may be provided verbally from a salesperson. However, verbal express warranties can be difficult to prove and may not be binding, specifically when specified as non-binding in a sales contract. For example, a sales contract may guarantee that a power saw can cut through any material. The express warranty would be breached if the power saw was unable to cut through metal or other materials since the contract guaranteed the saw could cut through anything. Implied Warranty of Merchantability Implied warranty of merchantability means that a product is guaranteed not to have manufacturing defects, design defects, or improper labels. When a manufacturer or seller places a product for sale, an implied promise has been made that the product will function in the manner in which it is being sold. For example, when a vacuum is sold as being able to pick up dry and wet spills, but becomes damaged when vacuuming liquid, it may be due to a product or design defect. Accordingly, there may be grounds for breach of implied warranty of merchantability as the item was sold to be used for both wet and dry spills but was unable to vacuum wet spills. Product Liability and Breach of Warranty When a product doesn’t perform as reasonably expected or as stated by the seller or manufacturer and the consumer becomes injured, there is often grounds for a product liability lawsuit. Through a product liability lawsuit, it may be possible to recover damages for medical expenses, lost wages, and pain and suffering. In situations where product liability is in question, a breach of warranty may also have occurred. Often times, when a defective product causes injury or damage, it’s generally true that the product didn’t function according to warranty, either express or implied. Including a breach of warranty claim is common in product liability lawsuits. Proving that there was a breach of warranty, whether express or implied, can help build a strong support for a product liability claim. Contact Our Attorneys If you have been injured from a product you believe was defective, please call (801) 370-0505 to schedule a case review with one of our attorneys.
Left Hand Turn Accidents
Car accidents can cause serious damages, including bodily injuries, emotional distress, and mounting financial burdens. When a person recklessly makes a left-hand turn, it can cause life changing injuries for which victims deserve to be fairly compensated. At Flickinger Sutterfield & Boulton, our attorneys offer legal aid to those who have been injured in a left-hand turn accident in the Provo, UT area. If you have been injured in a car accident, we invite you to contact our attorneys to learn more about your legal options. Left Hand Turns and Right of Way When making a left-hand turn, drivers do not have to yield to others if there is a left turn arrow. If there is no left turn arrow, drivers wishing to make a left at a green light must wait until there is no oncoming traffic, pedestrians, or cyclists, or the oncoming traffic is far enough away to allow for safe turning. If there is no traffic light, drivers making left hand turns must give the right of way to oncoming traffic, including pedestrians and cyclists. At four way stops, the driver who arrived at the stop first should be given the right of way, even if the person wants to make a left turn. Are Those Making Left Hand Turns Always Liable for An Accident? Because many left-hand turns occur where drivers turning left need to yield to oncoming traffic, it stands to reason that a large number of left-hand turn accidents are caused by the driver making the turn. While many left-hand turn accidents are caused by the turning driver, this is not always the case. When Might a Left Turn Driver Not Be at Fault? There are a few scenarios in which a driver making a left-hand turn may not be at fault for an accident, such as: A driver ran a red light or stop sign: Drivers who run a red light or stop sign are almost always considered at fault if a car accident occurs. This holds true when a person making a left-hand turn has a green arrow, allowing him or her to turn while oncoming traffic has a red light. A person turning left after stopping at a stop sign may not be at fault if he or she is hit by someone who failed to stop at the stop sign. The oncoming vehicle was recklessly speeding: Although it can be difficult to prove without witnesses, a person making a left-hand turn may not be held at fault if the oncoming vehicle was significantly speeding. Unforeseen hazards: In some cases, an unforeseen hazard, such as another car running a red light, or a large tree branch falling, may develop after a driver begins making a left hand turn while it was safe. Such hazards can cause the left turning driver to slow or stop, which in turn can lead to an oncoming car to hit the left turning driver. In such cases, the oncoming car may be held responsible. Contact a Car Accident Attorney If you have been involved in a car accident, it is important to have an experienced car accident attorney on your side. At Flickinger Sutterfield & Boulton, our attorneys will work on your behalf to secure the maximum compensation for your injuries and property damage. To schedule a time for a case review, please call our team at (801) 370-0505.
Proving Fault: Car Accidents and Police Reports
Just about any time a car accident takes place, a police officer will file a report. Obtaining a copy of this report may help show that the other party is responsible. Car accidents can take a major toll on your health and finances, so it is essential that you hire an auto accident attorney that can investigate your accident and ensure you are treated fairly. At Flickinger, Sutterfield & Boulton in Provo, UT, we can review your car accident case and determine if you should pursue legal action. Here, we discuss how a car accident police report can shed light on the circumstances of the collision and show who was at-fault. An Overview of Car Accident Police Reports One key question must be answered after any car accident: who was at fault? The answer to this question will determine which party’s insurance will cover the victim’s damages. When a police officer investigates the scene of an accident, he or she will collect certain details about the accident for inclusion in a police report. Those details may include: Basic facts about the crash, such as where and when the accident happened and what the weather, lighting, and road conditions were at the time Personal information for all involved parties, including names, addresses, and insurance information Injury details including whether the injury required medical treatment or hospitalization Statements from the drivers and passengers involved in the accident Witness statements from anyone who saw what took place A visual representation of the accident Information about vehicle damage such as where the damage is located and how bad it is Violations or citations, if there are any An opinion on who is at fault for the accident How a Police Report Can Be Used to Help Establish Fault While the level of detail in police reports varies, the information they contain is critical to secure. An officer may state his or her opinion on who is at fault for the accident. It is important to distinguish between opinion and fact. While the majority of the report is factual, such as the date, time, and location, the opinion of the officer is subjective. For that reason, mentions of broken laws or citations may prove more valuable in establishing fault in a car accident. How to Obtain a Police Report There are two ways to go about obtaining a police report after a car accident: You can contact your insurance company. Assuming they have already requested the report, your insurance company will provide you a free copy. You can contact law enforcement to obtain a paid copy of the report. After the accident, the responding officer will give you a receipt and report number to look up. An auto accident lawyer at Flickinger, Sutterfield & Boulton can obtain and review the police report, as well as physical evidence and additional documentation to build your case. Contact a Car Accident Attorney To learn more about car accidents and police reports, contact an experienced car accident injury lawyer at Flickinger, Sutterfield & Boulton. Call us today at (801) 370-0505 to learn more.
Proving Fault: Car Accidents and Citations
Proving fault is an essential component of all auto collision cases. If an attorney can establish that a party is at fault for a crash, they can be held liable for damages. The Provo, UT lawyers of Flickinger Sutterfield & Boulton consider all evidence in car accident lawsuits when attempting to prove fault. Traffic tickets and any citations for moving violations can be an important part of proving fault. Let’s take a moment to go over the basics of this issue and how citations might play a role in your auto accident case. Traffic Tickets After an Accident After a police officer responds to a collision, he or she may issue a traffic citation based on the nature of the crash. This could apply to any sort of moving violation that occurred in the lead up to the collision. In a number of cases, the moving violation may have played a role in an accident occurring. Possible Traffic Citations That May Be Issued Some common traffic violations that could be cited at an accident site include: Speeding Drunk/intoxicated driving Running a stop sign/signal Making an illegal turn Texting while driving Reckless driving Failure to yield Tailgating Details Kept in the Police Report Any citations for moving violations that are issued by the responding officer will be noted in the police report. This police report will include all information that is pertinent to the collision, including any injuries or fatalities, the nature of the collision, vehicle makes and models, information on motorists and witnesses, and the date, time, and location of the crash. Police reports will also include an officer’s opinion of what transpired. This is a subjective account based on what the officer found at the accident site, though it can have some bearing in the legal process. Does a Traffic Violation Prove Fault? Not necessarily, but it can help a great deal. It really depends on the nature of the collision and the citation that was issued. If, for example, a police officer issued a citation for drunk driving to a motorist, the fact the driver was under the influence while driving demonstrates that the driver was likely at fault for a collision to some degree. The same is true of citations for running red lights or making illegal turns. These all show an illegal action that could be the primary cause of a crash. Considering Other Factors and Evidence Some additional factors to consider when trying to determine fault in a crash include: The number of vehicles involved in the crash Poor weather conditions Bad road conditions Vehicle defects Attorneys and insurance companies will note numerous factors when determining fault in a collision. By working with a skilled auto accident attorney, you will have a strong advocate on your side. They will help build a strong case based on traffic citations, information in the police report, and other evidence that is available. Contact Our Team of Injury Accident Lawyers For more information about your legal rights and options after an auto accident, be sure to contact our team of personal injury and accident attorneys. The law firm of Flickinger Sutterfield & Boulton is here to help. You can reach our law office in Provo by calling (801) 753-1616.