Friday, September 26, 2014

Why You May Need a Defective Product Lawyer in Rapid City

Companies used to make solid products but now a defective product lawyer in Rapid City is needed on a more frequent basis, as quality continues to go down. Whether by outsourcing or using cheaper materials, the quality of products seems to get worse and worse.  All you have to do is look at a toy from forty years ago and see how it is still functioning as compared with the broken one from last Christmas.  The quality difference is obvious. It may not matter as much with a toy train but when those products are used to keep you or your family safe – quality is of the utmost importance. 

Bad products can be particularly hazardous when used around children.  For example, car seats that don’t latch in like they are supposed to or portable cribs that collapse on an infant are obviously dangerous.  When accidents happen with these products, the consequences can be great.  In the past several years there have been alarming stories of children that have become injured due to bad products or become sick due to lead found in toys coming out of China.  If your family has fallen victim to any of these things, we can help. 

Another terrible situation we see is when people suffer due to a defective medical device.  For example, if a hip replacement was done and the part was bad.  This isn't a medical malpractice case because it isn't the doctor’s fault that the synthetic hip was manufactured incorrectly.  Instead, the manufacturer of the medical device is to blame.  As a defective product lawyer in Rapid City, one of our jobs is to identify who is responsible for the accident or damage that occurred and make sure that the party is held liable. 

These are only two types of scenarios where manufacturers have been in the news for making bad products.  It can happen in any situation.  If you purchased something and it did not perform as it should, there are two potential reasons – it was used incorrectly, or the product wasn't manufactured correctly. We need to evaluate the case and conduct research about the specific product in order to determine whether or not the manufacturer can be held liable.  It is important to build a solid case that is based on facts, rather than opinion, and this takes a skilled legal team. 

The manufacturer will do their best to prove that they manufactured a quality product but that you, the consumer, didn't use it correctly.  For example, in the case with a portable crib, they could claim that the walls were not snapped into place as they should be.  Additional testing would be required to determine if the walls slip out of their locked position on a consistent basis which could be used to confirm your side of the story that the walls were snapped in place but fell down on their own.  Regardless of the type of case, as a defective product lawyer in Rapid City we have the expertise necessary to determine if you have a case and the best way to proceed. 

Friday, September 12, 2014

How a Civil Litigation Attorney in Rapid City Can Help You

When one party has a dispute with another, a civil litigation attorney can file a lawsuit in court instead of criminal charges being filed.  For example, if a company is violating an environmental law, the government may want to pursue criminal charges where the community impacted by this may want to file for a civil lawsuit in order to get monetary compensation for their suffering.

Many people are unaware of when a civil case would apply so they seek justice through the criminal system alone.  That is an option some of the time but a prosecutor has to agree to try the case.  Many disputes or situations can be resolved through the civil court which at times, can be more gratifying simply because it allows the injured or damaged party to go after a cash verdict, rather than a strict criminal conviction.
Here are some of the types of cases where working with a civil litigation attorney in Rapid City can be helpful:
  • Landlord/Tenant Law:  If one of the parties has violated their end of the agreement, it is typically related to finances and this is a way to recover damages.  For example, if a landlord didn't repair a building and as a result, you were injured or became sick – you could have a claim for damages.  Likewise, if a tenant stops paying their rent during the course of an agreement, the landlord can take the case to civil court in order to get a judgment and force them to pay.
  • Environmental Law:  There have been many instances where companies have polluted a local environment.  Whether dumping waste into a river or burying toxic chemicals, this can have disastrous consequences for a local community.  People can become sick, wildlife endangered and the ground polluted.  Filing a civil lawsuit gives the residents of the area an opportunity to force the company to pay for the damage they have created.
  • Construction Cases.  When you buy a new home, the hope is that it will be built correctly without any issues.  The challenge is that some builders can get sloppy when they have a lot of houses in the works.  In this scenario, many homeowners will have leaks, cracks in the walls, electrical problems, etc.  If you have tried to get the contractor to fix the problems and they haven’t done so, a civil case is your opportunity to make them pay to have the repairs completed along with anything else that was damaged as a result of their inferior work.
  • Employment Law.  As a civil litigation attorney in Rapid City, we work with employees that have been wrongfully terminated, faced discrimination, or are having challenges with an injury case.
In order to determine whether or not your case has merit, we recommend scheduling a consultation.  We will discuss the case, go over the facts and details, and see whether or not it is wise to file for a civil lawsuit.  We provide excellent service and our goal is to be as informative as possible so feel free to ask questions during the meeting.