Aulsbrook Law Firm - January 2021

Did you know when you buy a product and that product is faulty or defective — and you are injured as a result — you are protected? This is where product liability comes in. Manufacturers, along with distributors, suppliers, and retailers, all play a role in the responsibility for any injuries that result from the use of their products. If you buy a toy for your child that has abnormally sharp edges, for example, and the child is injured, the manufacturer may be held liable. It is possible the product was shipped as defective and they allowed the product to end up on store shelves anyway. In holding manufacturers and others accountable, consumers have an extra level of protection for when something goes wrong. That said, these types of cases are rarely cut and dry. An experienced attorney who understands defective product claims must put together the case. There are multiple legal theories of liability attorneys can explore. Here are three examples. Negligence This covers when a product is inadequately designed, tested, or manufactured. Once a product is on store shelves or in the hands of consumers, it should contain proper instructions, warnings, or labels. You should see a notice on the product if it isn’t suitable for children under a certain age or if it may contain a choking hazard. If there is a defect, the manufacturer is obligated to issue a recall notice. Strict Liability The manufacturer may be held liable for a defective product, even if it was not negligent in the overall process of making the product. The product may have been well-designed, gone through a stringent quality control process, and had ample instructions or warnings, but if an injury resulted even when the product was properly used, the manufacturer may be held accountable. Keep in mind, negligence on the part of the manufacturer must be proved. Implied Warranties When you make a purchase, you can assume the products come with certain warranties, regardless of how they are presented (written or otherwise). There are two primary forms of implied warranties: • Implied warranty of merchantability , meaning a consumer can assume any product they buy is fit for use as it is sold. • Implied warranty of fitness for a particular purpose , meaning the seller recognizes a product and guarantees it fit for consumer use for its specific purpose. If you or a loved one has been injured due to a defective product, give us a call, and we can help you determine your next best next step. We’ll work with you to investigate the defect, uncover possible negligence, and pursue any appropriate legal action. BUY WITHOUT WORRY Understanding Product Liability and How You’re Protected

How Habit Tracking and Daily Resolutions Could Transform Your Life

Yearly resolutions are so last year … if they’re your only resolutions, that is.

Having long-term goals isn’t a bad thing, but do you have a daily plan to reach them? The huge boost of motivation in January isn’t always enough to sustain you all year long. That’s why there are major benefits to starting new healthy habits, whether you increase your weekly exercise time, eat healthier foods, or work on getting better or more sleep.

Luckily, sticking with these habits might be as easy as making daily resolutions to complement your yearly goals.

B.J. Fogg, a Stanford University professor and author of “Tiny Habits: The Small Changes That Change Everything,” notes that tiny habits can make a new habit easy to implement into your daily ritual. For example, taking a short daily walk could lead to an exercise habit, or keeping an apple in your bag every day could encourage healthier snacking. It’s important that you stick with it because habits take a long time to create. One study published by the European Journal of Social Psychology asked people about a simple habit they wanted to form, like drinking water at lunch or taking a walk before dinner. They found that the average amount of time it took before the action became automatic was 66 days! Don’t be too hard on yourself if you miss a day, but know that sticking to a new habit is serious work, so starting small might help you out. Another important aspect of forming new daily habits is rewarding yourself. Bad habits, like smoking, have an inherent reward. However, healthy habits can have rewards too! Try consuming a bit of dark chocolate after a workout or treating yourself to a fresh beverage or relaxing to a podcast after tackling an important task. Find ways to reward yourself, and you’ll be more likely to stick to your new habit. Certain daily resolutions don’t have to be related to exercise or diet to majorly improve your life. For example, having a gratitude journal might boost your long-term happiness by 10% and improve your blood pressure. Don’t hesitate to improve your quality of life! Just start small, and you’ll be amazed by how far you’ll go.

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