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Posts Tagged ‘Injury Attorney’

Things To Be Aware Of With A Personal Injury Lawyer

September 9th, 2010

There are few things in a persons life that will cause a stressful situation for them than to suffer an injury. This is especially difficult if the person was injured due to someone else. It is for this reason that a person will want and need to seek out the services of a personal injury lawyer. Having one of these in your corner will make all the difference in the world.

Before you rush out and grab the first one that you happen to come across, you need to keep yourself aware of a few basic concepts that are designed to ensure that you are getting the most for your case. This will help you in the long run to remember these rules.

Experience is the one thing that never seems to go out of style. When you have a lawyer that is experienced in their line of work, things are bound to head in a much smoother direction as opposed to one that has little to no experience in the field of personal injury. This is one of the biggest things that needs to be addressed when conducting your search.

What are the fees that are associated with the attorney. These fees are often times things that are not discussed until much later down the road. Many attorneys will not even discuss these with you until after you win your case, this as a result will lead the person to be shocked as to how little they are actually getting from the settlement. This is a problem that many times will need to be addressed early before the attorney represents you.

Are there previous clients that you are able to talk to. These references are important as you will be able to get an idea as to the exact type of attorney that you are dealing with. You want to make sure that you are dealing with one that has been successful in the past. If possible, make sure that you are getting a good reference from a previous client.

Many times you are able to get testimonials from other previous clients that will allow you to make an informed decision as to if they will be a wise choice for you or not. Often times word of mouth references are the best kind that a lawyer can have as these allow them to get the word out about their business. Make sure that you ask friends or family if they have any one that they can recommend for your particular case.

When it comes time for your case to be heard, there needs to be a clear plan that you and your lawyer need to have in place. This will help to put your mind at ease in knowing that there is a plan for you to win your case and get the money that you deserve.

If you follow these rules, then you are sure to have success in your endeavors when dealing with your case and your Personal Injury Attorney Toronto. These rules are designed to help a person get the most from their case and allow them to make sure that they get a judgment that is considered to be a fair one. This is going to cause enough stress, let a qualified lawyer handle the biggest part for you.

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How To Hire A Personal Injury Attorney In 3 Easy Steps

September 1st, 2010

The World Wide Web is actually a treasure trove of knowledge on almost anything and everything. Perhaps you are considering how to hire a personal injury attorney. Many other people have the same interest. It isn’t really so difficult to deal with when you know how. Maybe this short article could help you reach whatever objectives you might have regarding the way to hire injury attorneys. For those who have an interest, read on and learn about the best way to hire a personal injury lawyer in 3 easy steps.

The first step is start your search on the Internet. You truly need to do this because because the Internet offers the most up-to-date information. You must avoid referring to the Yellow Pages (print form).

It’ll be extremely important to accomplish this initial step correctly, completely and well. If for any reason you can’t complete it correctly, then you may miss out on some great attorneys who focus Online.

The second step will be to read some of the websites of the law firms. Things that you will need to avoid here are sites with little or no information. And you will probably also want to avoid sites that have errors in them.

The third step will be to check out lawyer referral services. This is important because it expands your attorney search. What is essential to avoid here is not doing a sufficient search. In fact, referral services make you life easier by getting lawyers to contact you.

Stick to the steps presented above and everything should go well. You’ll have handled hiring a personal injury attorney easily and rapidly - saving you time to move on to other pursuits. Just keep to the stages in order, for the reasons as explained, while carefully avoiding the traps, problems and potential mistakes mentioned. Best wishes to your hiring pursuit. Remember, just get informed and do some research yourself.

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The Importance Of Hiring A Lawyer

August 30th, 2010

There are a sum of reasons why individuals want to hire an attorney, but the most crucial is that they can amplify their chances of achievement. Even a seemingly simple legal problem can become severely complex in a few seconds. One false move or if neglected to submit a document can lead to lawsuits against him or her. Decision like this could easily cost hundreds (even thousands of dollars) in fines, court costs and other problems. Everyone wants to win and the hiring of an lawyer is the wisest of decisions.

However countless individuals understand the need to take legal advice if the result is a serious crime, they often do not realize that a good attorney can help even the most minor legal ordeal. Millions of individuals willfully pay a hefty fine for DUI and traffic ticket and they never stop and think that an attorney may help them get the ticket dropped or the fine to be lessened. You may think you know your civil rights, but only a clever attorney can recommend the correct circles and rings in today’s complex legal system.

Some people believe that they don’t need a lawyer if the problems are minimal, but this is not true. If you intend to represent yourself in a small claims case, it would be beneficial to you to hire an attorney to provide sound legal advice. Having a good advice and guidance will really make a difference in the outcome of a case if heard by a judge or trial by a federal judge.

Accidents can happen at a moments notice to leave loved ones just to cope with the tragedy. Insurance companies are concerned about protecting their interests and sometimes, not to the families left behind. Good Personal Injury Lawyers that ensure that a family member or the injured party has a fair and adequate compensation, is what a good accident lawyer impetus for the legislation. There are so many lawyers to choose, which can become a daunting task to find the right one.

Accident lawyers fight for his or her client and works with passion to uncover the evidence. Anyone who has had an accident should consult with a lawyer to defend their rights by any miscarriage of justice. The legal system can be complicated and scary for everyone who does not know the system. We must seek only the best personal injury lawyer to represent the interests of the victim.

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Whiplash Injury Collision Research Revealing Chronic Pain Even After Therapy

July 27th, 2010

Aches in the cervical spine, shoulders, head or the base of the skull that occurs after a motor vehicle collision are often known as “acceleration deceleration injury.” It’s a common term that most patients hear following an auto collision. Most patients with acceleration deceleration injury recover in a few weeks or at most, a few months. However, 15 to 20% of people develop chronic ache. Acceleration deceleration injury is not a trivial problem, because once it has occurred; only 70% have recovered completely by one year and only 82% have recovered completely by two years. In addition to cervical spine ache, there are many symptoms associated with the acceleration deceleration injury syndrome and include sleep problems, poor concentration and memory, blurry vision, ringing in the ears, fatigue, and weakness.

The therapy for acceleration deceleration injury syndromes depends on the stage and degree of the problem and which structures have been injured. Therapy can vary from chiropractic care, physical therapy, orthopedic intervention and more. In addition to soft tissue injury, ache that persists after four to six months is usually due to injury to the facet joints, one or more discs, or both. The diagnosis can usually be made by injections, MRI, and X-rays. Therapy is usually successful, but may require physical therapy, injections, and occasionally surgery.

The term whiplash is confusing to many. This is because it is both a mechanism of injury and the symptoms caused by a car accident. It is due to a traumatic event that causes the head to move suddenly in a whipping motion in one direction and then recoil in the other direction. The most common cause of whiplash is a motor vehicle accident in which one vehicle is struck from behind by another. However, it can occur when a car stops abruptly after striking a pole, a wall, or another car, and can also occur after a side impact.

Significant damage to ligaments, discs, and joints can occur even if the swings of extension and flexion are not excessive, but often the neck is forced to the extreme ends of normal range or beyond. Because the trauma is usually sudden, occupants of the car are not prepared for the impact. The muscles are relaxed, which allows more forces on the discs, ligaments and joints. Perhaps the most important fact about whiplash is that significant pain and structural damage can occur even in low velocity crashes.

It is the patient with constant pain without any other specific findings on examination or specialized tests that presents the most difficult problems for the patient himself or herself, the doctors, and the legal system in personal injury. In the first few weeks to months after motor vehicle accident, it is often impossible to determine the exact cause or causes of the pain associated with the injury. The symptoms and signs are not sufficiently specific in the case. In almost every instance, the muscles and ligaments have been strained and may be inflamed, painful, and tender. However after about three months, primary muscle or other soft tissue injuries usually have healed.

In a research study by Drs. Bogduk and Aprill, in 23% of patients, facet joints alone were the cause of pain, in 20% of patients the discs alone were the cause of pain, and in 41% of patients both the facet joints and discs were contributing. They were not able to identify the source of the pain in only 17% of their patients. The most common causes of persistent pain in whiplash are the facet joints and the discs. There is a poor correlation between the radiographic appearance of the joints and whether they are painful. Some joints which look bad are painless while other joints that look normal can be proven to be a source of pain. Only facet injections can determine whether the joint is painful.

Many acceleration deceleration injury patients have symptoms which seem unexplainable, such as headaches, ache in the shoulders, between the shoulder blades, or in one or both arms. These symptoms can significantly impact activities of daily living. There may be fatigue, dizziness, problems with vision, ringing in the ears, heaviness in the arms, and low back ache. There can be poor concentration or memory, change in emotions with irritability, depression or short temper, and sleep disturbance. Dizziness occurs in one-quarter to one-half of people with acceleration deceleration injury. Again, researchers are not sure of the cause. The most likely explanation is an injury to the part of the inner ear that regulates balance. Problems with memory and concentration can be due to the ache itself, depression, medications, or trauma to the brain. Visual disturbances occur in 10 to 30% of acceleration deceleration injury patients and blurred vision is the most common.

Fortunately, most people who suffer neck pain after a whiplash injury will recover by six months. However, a small percentage of people continue to have pain. Most patients destined to recover completely will have done so by three to four months, after which the rate of recovery slows markedly. By two years, essentially all patients have reached their individual maximum improvement. About 18% continued to have significant pain two years after the accident! Patients who did not get well tended to be older, had pain which began sooner after the accident, and/or had their head rotated to either side at the time of impact. They also found that patients who, before the accident, had a history of neck pain, arthritis of the neck, or headaches did not do as well.

Common sense would tell us the greater the ache and impairment, the larger the legal settlement or award might be. Rarely, patients may exaggerate their symptoms or be faking. However, a bigger question is whether the potential for money from a legal settlement can unconsciously prolong or worsen the ache. This is known as “secondary gain” and it is unconscious, not fraudulent. The science shows that personal injury litigation does not adversely affect outcome. In 1983, Drs. Norris and Watt reviewed 61 patients who were treated for acceleration deceleration injury injuries, 41 of whom had personal injury lawsuits. They found no change in symptoms after claims were settled. About ten years later, long after litigation had settled, only 12% had completely recovered, and 48% had ache which interfered with normal daily life. In another study from 1993, Drs. Parinar and Raymakers re-evaluated patients they had seen previously for legal opinions, not for therapy, 8 years after the initial consultation. They concluded that lawsuits did not influence the timing or degree of recovery.

Several years ago a group of patients were analyzed. They were referred for therapy by their attorneys because they were not getting better. The patients were treated with strengthening exercises, body mechanics training, medications, spinal injections and occasionally psychotherapy. No patient in this study needed surgery. Most of the patients did well with significant improvements in ache and function. Although most patients still had mild ache at the end of therapy, it was not enough to interfere with their daily lives. These very favorable results occurred although none of the lawsuits had been settled.

Injury Attorney

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San Diego Personal Injury Lawyer Gets Victims Fair Cash Settlements

July 24th, 2010

Learn how the San Diego personal injury lawyer gets victims fair cash settlements in different industries. This article helps employees become knowledgeable about compensation for accidents and injuries.

Shipyards

Risks of painful wounds in ship building work are unequaled because harm can rise from several sources. The combination of two or more sources makes it harder for an attorney to investigate and list the causes of the injury. Four components that characterize the shipyard workplace risks are physical closeness to a source of high temperature, ingesting toxins or corrosive fumes, adjoining moving portions, or descending from an altitude. Throw in carelessness by company directors and the number of impediments to a thorough investigation rises and knowledge of a proper compensation takes longer to figure out.

Any combination of factors can conspire to cause an injury even if workers follow all work rules. Extreme working conditions mean ship building accidents will tend to produce a permanent disability. The upper torso of injured workers seems to sustain its share of damage. The dangerous nature and complexity of ship building should make its employees want to seek professional legal advice should a workplace injury occur.

Semiconductor Chip Manufacturing

Manufacturing of certain electronic components exposes plant workers to poisonous compounds. Ingredients to make chips provide source matter for chemical compounds. There are some semiconductor plants operating in California. Almost 75,000 employees worldwide are exposed to hazardous chemicals at their workplace across all the semiconductor industry. Determining compensation is hampered because of the time lag between initial injurious contact with carcinogenic ingredients and manifestation of illness.

Carcinogenic causes can create their effects years after first exposure. Offspring of a few plant workers exposed are reported to be afflicted with birth deformities. Other workers say they are suffering negative effects in their respiratory and digestive system. Determining justice and reparation when cause and effect do not follow instantly is hard enough. Add in the legal case is filed against an industry whose critics say has little incentive to improve medical safety in its most risky job tasks in its plants. Critics describe the semiconductor industry as a mission critical, politically powerful behemoth baby that is still growing, still in its baby diaper stage of life, not fully grown in terms of maturity and market capitalization.

Transportation

Injuries made by vehicular wrecks can staggeringly affect a human body. Trailer trucks come in large sizes and travel swiftly. Most people will not see vehicles larger than trucks on the roads. Weight plus high velocity can make driving treacherous. A death or disablement can wreak mayhem on the ability of a family to survive.

Trauma injuries caused by vehicular crashes can tremendously affect a human body. Trailer trucks are biggest and fastest vehicles that most people are likely to encounter on the highway system. Combining weight with high speed creates a potential hazard. Death and disabilities can wreak havoc on the ability of a family to cope.

Ways a San Diego personal injury lawyer gets victims fair cash settlements can vary. Each industry job has distinctive risk attributes and even the politics differs. This article provides a perspective on the challenges lawyers face when seeking reimbursements for their clients.

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Auto Accidents: Claims And Injuries

July 6th, 2010

Most traffic accidents involves two drivers, with a driver or passenger from the one vehicle seeking compensation from the driver of the second vehicle. Evidence must support a claim that the accident was caused through negligence of one of the drivers. The traffic accident compensation claim will lead to legal proceedings involving the driver and possibly passengers of both vehicles claiming injury as a result of the negligent driving on one the parties involved .

Normally, lawful actions due to insufficient road construction may end up being versus the ruling organization having management of the route. These kinds of claims may be on the basis that the governing body failed to determine proper signage or wrongly developed or serviced the road.

An additional type of collision damages suit may be a products liability case put to the producer of a motor vehicle or auto component, declaring style or production deficiency that contributed to the incident. Furthermore, in the event that a motor vehicle technician or repair facility placed a vehicle in an unsafe circumstance, responsibility may well belong to it.

Special conditions can regularly take place in a automotive accident litigation that help to make the legal measures further complicated. Every single individual involved may possibly be liable with regard to feasible damages and this may be considered all through the course of court actions. Quite a few worries that could effect a state of affairs are discussed next. Leaving the area of an auto crash is not so strange in the United States and happens if the driver who generates a wreck neglects to halt at the spot of the automobile accident. While the liable individual flees this will make it challenging for the injured individual to figure out the who the offender is and subsequently take him to court. With car accident situations pertaining to pedestrians, a person of the area may go through extreme pain as an consequence of a automobile accident with a motor vehicle. Often, the conduct of the pedestrian is called into question making it complicated for this individual to be triumphant in a case against the driver.

Motorcyclists are very much at risk for personal injury when involved in a traffic accident, even in collisions which would be relatively minor had they occurred between cars. Due to the nature of some motorcyclists, it may be prove difficult to obtain a far hearing from a jury as they are commonly deemed careless road users even if the other party is clearly at fault. Bicyclists are among the most vulnerable road users. They are more likely to sustain serious injury when hit by cars or other vehicles. Various hazards such as doors opening in front of bicyclists are obvious example of simple collisions that may cause serious injury. Cyclists are often positioned in the driver’s blind spot with drivers often reporting failure to see the bicyclist until it was too late.

Coach mishaps can be very significant. Because of the pure dimensions and the quantity of travelers transported, an impact with a bus may do great damage to different highway users. Any kind of traffic crash damages suit regarding legal responsibility with a bus will include the driver of the coach, not simply the operator. Where elements such as highway debris and bad, unequal highway surfaces are plentiful, mishaps may be typical outcomes. Whether or not this is in the type of components which have dropped from automobiles, or trash which is kicked away from the roadway, it may all be utilized as data in a highway mishap suit if the operator thinks the originator of the debris or surface danger was the trigger of the collision. In analyzing any accident situation, a legal representative or lawyer ought to be recruited for knowledgeable advice.

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Helpful Information On The Area Of Law Called Torts

June 25th, 2010

Learning About Tort Law

Almost all accidental injury legal actions come under the larger classification known as Tort Law. Tort law describes lawsuits involving civil wrongdoing which can be redressed by awarding money damages.

Torts are generally civil wrongs acknowledged by law as reasons for a lawsuit. These wrongs cause an injury or harm constituting the basis for a complaint by the injured person. Even though some torts are also criminal offenses punishable with criminal consequences, the major aim of tort law is to grant compensation for the loss sustained and prevent people from committing the same harms. The injured individual might sue for an injunction to stop the continuation of the tortious actions or for financial damages.

Among the forms of damages the injured plaintiff may get are: loss of earnings capacity, pain and suffering, and reasonable medical fees. They may include both present and future expected losses.

There are numerous recognized torts including trespass, assault, battery, negligence, products liability, and intentional infliction of emotional distress.

Torts fall under three broad categories: intentional torts (e.g., intentionally striking an individual); negligent torts (e.g., causing an injury by failing to observe traffic laws); and strict liability torts(e.g., liability for producing and distributing defective goods). Intentional torts may include those wrongs which the defendant knew or should have known could arise via their behavior or inactions. Negligent torts happen when the defendant’s actions were unreasonably hazardous. Strict liability wrongs do not depend on the level of disregard by the defendant, but are proven when a unique action causes harm.

There are also separate areas of tort law like nuisance, defamation, invasion of privacy, and a category of economic torts.

Tort law is different from state to state created by judges (common law) and by legislatures (statutory law). Quite a few judges and states employ the Restatement of Torts (2nd) as a crucial manual. The Restatement is a book prepared by the American Law Institute whose goal is to provide an organized record of the common law of the United States.

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Successful Local Attorney In Atlanta Specializes In Personal Injury Cases

June 19th, 2010

If there is an accident and the victim has extensive injuries, he is not able to fight for the legal compensation he deserves. This is when an Atlanta Personal Injury Attorney can step in and fight for the victim’s rights. He is experienced and well-versed in the law. He can work to see that the victim is sufficiently compensated.

An insurance company wants you to settle and sign papers immediately. But, they want to pay you as little as possible, regardless of what you deserve. Compassionate legal counseling will protect your rights and get you the amount you deserve.

Although, at this traumatic time in the victim’s life, he might have little energy to argue with an insurance company. With an attorney in the picture, the victim is likely to gain what will cover expenses while he is unable to work. Protect your rights by contacting an attorney before you sign any insurance papers.

An experienced attorney will represent the injured party or the family of a victim who died as a result of an accident. He or she has education and experience to equip him or her to deal with the results of automobile accidents. Other lawsuits may involve construction accidents or product liability, for example a medical device that causes harm due to defect.

There is no fee charged for the first consultation with an attorney. It is a time to discuss the validity of the case and how much the lawsuit should seek to recover. Do not try to get through the confrontation without representation.

The average policyholder is unable to understand the policy. It is usually written in a convoluted fashion that almost insures the policyholder will not be able to interpret its meaning. It is not illegal for them to write it in a way that only an attorney can understand. It will frustrate any lay person who reads it.

Policy holders may be responsible for reading and understanding them. This does not seem fair. A qualified Atlanta Personal Injury Attorney specializes in accidental injury or wrongful death cases and can fully understand the insurance policy and the complexities of it relation to each accident victim’s case. Often, with an attorney representing the injured party, the case can be settled out of court.

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The Indianapolis Personal Injury Attorney Helps Locals In Times Of Need

June 8th, 2010

An Indianapolis Personal Injury Attorney Helps Locals In Times Of Need. You really need to consult with a lawyer to help represent you. Do not attempt to handle the case. Turn it over to a legal professional who is used to dealing with insurance companies.

Do not deal with the insurance company yourself. They only have one purpose; offer you the lowest settlement possible. They are out to protect their interest not your interest. Seek a legal pro to take on your case.

The Indianapolis Personal Injury Attorney is the person to contact. He or she will get you the best settlement possible. And if the settlement is not to your liking he or she will be happy to take your case to a jury trial.

You will not have to pay money unless you win a judgment. Yes, you will have to pay your attorney out of the settlement. But you will receive a larger settlement than if you tried to handle the case yourself.

You want an attorney that is more concerned about your overall well being than his or her part of the award or settlement. A good attorney is also results focused. But a good lawyer is in fact also client focused.

The right attorney will make sure you get the right medical attention. He will find out about your life before the accident. If there is something you cannot do or are limited in doing because of your injuries he will certainly use that to negotiate a fair settlement.

The negotiation is his but it is your choice to refuse or accept the settlement. You can rely on his sound advice however to make sure you are deciding from a good knowledge base.

An Indianapolis Personal Injury Attorney is available to help you if you have been injured in an accident. Even if the accident was partly your fault make sure to get in touch with an attorney immediately.

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Some of the Most Common Types of Tort Lawsuits

May 17th, 2010

A personal injury cause of action typically happens wherever an individual has experienced some form of injuries, both physical or psychological, as the result of the wrongdoing of another. A large number of personal injury causes of action come under the category of a tort.

A tort is a civil wrong, which gives rise to a case, regardless of a contractual relationship. Any time a person fails to fulfill his/her duty to other people, a tort arises; a tort takes place when anyone intentionally or through negligence triggers harm or loss to another man or woman or his or her property. The four components included in a tort legal action are: 1) the existence of a legal duty owed by a person to others; 2) the breach of the duty by one person; 3) the breach of the duty being the “proximate cause” of damages endured by someone; 4) damages incurred by an individual. A successful tort lawsuit will contain all of these elements. Auto incidents, medical malpractice claims, slip and fall matters, and asbestos exposure are all types of torts. Individuals injured by a tort are able to recover for loss of income capacity, pain and suffering, medical expenses, and - in some cases - punitive damages.

An intentional tort is one that occurs because of an intentional or purposeful act by the tortfeasor. Usually, to be successful in a tort legal matter, the victim must prove that the party that caused the injury acted with substantial certainty that the personal injury would come about. Even though the hope to injure someone is not required, the defendant must have been aware that his/her actions would bring about a particular injurious end result. Some examples of intentional tort cases include assault, battery, false imprisonment, intentional infliction of emotional distress, and trespass.

Negligent tort actions are the most prevalent sort of tort cases; negligent tort actions are not committed purposefully, but come up when an individual fails to act like a reasonable person to an individual he/she owes a duty to, creating an injury. The aspects of negligence are: A person owes a duty to the injured party; he/she breached that duty; an injuries develops as a consequence of that breach; and the injuries was reasonably foreseeable as a result of the person’s behavior. To triumph in a negligence action, the injured man or woman must establish these elements by a preponderance of the evidence. Negligence can be defined as one’s failure to use reasonable care. Illustrations of negligent tort legal matters include car incidents, slip and fall mishaps, and most medical malpractice instances.

Apart from failing to meet the elements of negligence, not all accidents lead to compensable injuries. If a tragedy cannot be averted even if reasonable care is utilized, then negligence cannot be established - such as, if a driver experiences an isolated seizure and causes a crash, negligence cannot be proved unless the driver had reason to expect the seizure. Acts of God also fall under instances in which negligence cannot be established.

Strict liability is a legal doctrine in tort law that makes a person accountable for the damages caused by their conduct regardless of fault or intent. The components of a strict liability tort are much like the elements of a negligent legal matter (duty, breach, and personal injury) except that in a strict liability case, the victim doesn’t need to demonstrate negligence. It doesn’t matter what sort of safety measures the defendant takes, or if the defendant had good faith intentions. Strict liability is prevalent in activities that are inherently dangerous, such as demolition projects, instances where animals are involved (dog bites), storing explosives, or using hazardous materials. Needless to say, the most common strict liability scenarios pertain to defectively manufactured products or drugs. In such instances, buyers of the product, as well as injured visitors, bystanders, and others with no direct relationship with the product may sue for damage caused by the product, irrespective of the manufacturer’s intent.

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