Can consumers do anything about a product that doesn’t live up to its advertising? In a word, yes. If it doesn’t do what it is supposed to do, the person who shelled out bucks for it may choose to hold the maker of that product responsible for either a total refund, repairs, or damages for personal injuries.

If the product caused an injury, the person who sustained that harm may be able to hold the product’s maker liable. If the product in question is unsafe or even defective, customers might be able to prove the company who made the item(s) should have been alert and aware of the danger. In knowing that danger, they should then have made certain to prevent those injuries from happening.

In circumstances like this, an injured shopper may wish to talk to a highly skilled Sacramento personal injury attorney to file a product liability suit to get compensation for pain and suffering, lost wages, and medical bills. The tricky part about these kinds of cases is that the prosecution has to prove it was the product that caused an injury and it did not happen as a result of the purchaser improperly using the item or a mistake made by the buyer.

People who were in the line of fire as the result of defective products should get medical attention right away and document the injuries they received in great detail. Photos are priceless and need to be taken at the scene of the accident and of the product. Make notes of the incident as well and try to ensure the offending product is kept intact.

By all means, speak to an expert Sacramento personal injury lawyer with extensive experience in this area of the law. While outlining a potential case for the attorney, give them the product that caused the injuries, provide the documentation, offer all the written material included with the product (instruction manuals, warranties, warnings, etc.) and get possession of all medical records relating to the injury, along with any bills for medical expenses.

Other things that consumers need to know when dealing with defective products are that product liability cases usually revolve around the fact that the product was defective and was the direct cause of an injury; that manufacturers really need to clearly label products with warnings about hazardous use; and that defective products need to be yanked off the shelves immediately. If this does not happen, the failure to do so may result in serious legal consequences for the manufacturer.

To learn more, visit Lawbarron.com.

Not a lot of people truly realize that strict product liability is as all encompassing as it is. It actually covers the point of origin of a product right on down the chain to the final distribution point of the article or item. In other words, this will include the maker of an item, the place where it was assembled, and the retail outlet where the product is eventually sold to the public.

Strict product liability actually goes even further than this in that if an item does have a defect that causes harm to a customer or a friend of a customer (who either borrowed the item or got it as a gift) then all of these people are considered to be defendants in a product liability suit.

Most people relate product liability to tangible products, or physical property, but this isn’t always the case. It may include real estate, books, navigational charts, gas and even pets. Interestingly, California law requires all makers of products to label them clearly with a printed warning, particularly if the product contains lead paint or other harmful pieces. Think small parts that kids could swallow.

To successfully prove a strict product liability case, the plaintiff must be able to show the product was indeed defective. In this area of the law, there are three kinds of product defects often launched in liability lawsuits: marketing defects, manufacturing defects and design defects.

A design defect is considered to be one that is built into the product. It (the defect) is in the design itself and is present prior to the manufacturing process. While the article may perform adequately for a consumer, it has the potential to be dangerous because of its flawed design.

On the other hand, manufacturing defects usually take place when the product is made, yet not all of the products made are defective. Marketing defects refer to poorly written instructions or the failure to warn a consumer about potential product dangers.

Product liability is a strict liability offense, and cases like this are not focused on how careful the defendant was or was not. Typically then, a defendant is liable when a product/item is defective – period. Speak to a well qualified personal injury lawyer who will be able to assist in receiving compensation for any injuries suffered.

To learn more, visit Lawbarron.com.

While it might seem like a straightforward thing to do – setting up a company – there are a lot of options that you may choose from and that becomes confusing without the assistance of a Sacramento business lawyer. This is even more essential if you don’t happen to have a lot of experience running or setting up a business.

The bottom line is that you might be really surprised to discover the various options you do have, each with differing tax consequences that will directly affect how you raise capital. Hang on for the ride and talk things over with a highly qualified Sacramento business lawyer, so you can get on with the business of doing business in a manner that is profitable.

The least complex arrangement for businesses happens to be sole proprietorships, and with an added bonus, they are also the least expensive legal entities to set-up. If you opt for a sole proprietorship, what you have is a company that is unincorporated and only owned by “you.” Being a sole proprietorship means you are not a distinct legal entity, so guess what, you don’t file annual business taxes, as they are incorporated into your annual personal income tax filing.

Another nice benefit of sole proprietorships is that the tax rate on your earnings is usually lower than the income of a corporation. Really though, this particular legal entity is mostly for solo owners and consultants, etc. It is not suited for a business with more than one person or for one trying to source capital from “Angel” investors. There is one thing you should be aware of as it relates to debts incurred during the operation of the business. Sole proprietors face unlimited liability for any debts. This is just one of the reasons you need to consult with a skilled Sacramento business lawyer.

If you’re setting up a business with two or more people, this would be classified as a partnership. A partnership is an unincorporated venture and is also not a distinct legal entity. Any profits or losses in this situation are included in the partner’s personal income taxes and then billed according to the “Articles of Partnership.” In this instance, there is a contract between the partners.

When it comes to divvying up the losses and/or profits, the “Articles” kick in and outline how this is to take place. They also settle on a partnership name, date of partnership formation, the length of the partnership, and how any disputes are to be handled, should they arise. While this may not sound too bad on the surface, there are some drawbacks which need to be thrashed out with your lawyer. For instance, partnerships aren’t very helpful raising investment capital and they face unlimited liability for the all the debts of the total partnership. Put another way, if one partner can’t meet an obligation under the “Articles,” the others are then liable for the obligation.

Something else that not many people are aware of is that if you form a partnership, the actual business entity – the partnership – is limited to the physical lives of the partners who formed the company.
This is a lot of information to absorb as you are trying to set up a business. Make sure you consult with a fully qualified and expert Sacramento business lawyer to find out what your options are and how they will benefit you before making any decisions.

Deborah Barron is a Sacramento business lawyer, Sacramento employment lawyer, and Sacramento winery lawyer in California. To learn more, visit Lawbarron.com.

Typically, a Sacramento business lawyer handles things like contracts, commercial paper, employment law, sales and agency, and deals with things like corporations and partnerships. On the other hand, corporate law pays close attention to the relationship between businesses and customers and, how things run under the auspices of the firm’s internal rules. Anything legal, litigated or mediated, etc. in either area of these two types of law applies to all transactions in public or private.

Let’s take a closer look at what a Sacramento business lawyer handles. In this particular legal arena, business law lays out how different enterprises are set up. For instance: registration, proper documentation and other requirements, how taxes apply to them, drafting bylaws, articles of organization, company start-ups, buying or selling of other firms, handling employees in the correct legal manner, properly managing the venture and so on.

On the other side of the fence, corporate law has five things that separate it from business law (as these areas both use the same laws and processes). Corporate law deals with investor ownership, transferrable shares, limited liability of shareholders, delegated management, and the separate legal personality of the corporation. In most instances, these “differences” apply to publically owned corporations.

The interesting thing about corporate law is that its origin is from the middle ages. It was employed when medieval guilds were set-up, but not created for profit. Put another way, corporate law in the 21st century defends the rights of the company and the shareholders when legal matters need to be handled or the company goes under.

There are more than just the “five differences” that drive corporate law. For example, this area also deals with the corporate constitution, corporate litigation if necessary, the personality of the corporation, its capacity and powers, and the duties of the director. It will also handle things like acquisitions, insolvency, corporate crimes and mergers.

Just be aware of the “differences” when it comes to choosing a Sacramento business lawyer for your company.

Deborah Barron is a Sacramento business lawyer, Sacramento employment lawyer, and Sacramento winery lawyer in California. To learn more, visit Lawbarron.com.