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If you watch TV late at night, you might see lots of commercials from law firms. Many of these deal with personal injury from harmful substances. For instance, "Did you serve at this military base thirty years ago?" "Did you work on a farm and spray this pesticide?" "Did you work in shipyards where there was asbestos?" These commercials tend to have something in common. They involve exposure to harmful substances that caused health problems.
The health problems could range from cancer to mesothelioma to brain damage. The materials and products might be different - asbestos insulation from ship engine rooms, welding rods that release harmful metal vapors, industrial processes that release lead fumes or lead dust, etc. There are thousands of possible settings. The legal theories are common, whether the exposure involves medical waste or mercury. In real life, the settings involving the dismantling of ships could be both impressive and scary, as they can involve ships running up on beaches before they are dismantled (seen from shore - https://youtu.be/dufWrJTTgzw ), or seen from the ship - https://youtube.com/shorts/N52-YwAz-do?feature=share)
The legal theories can involve "negligence" When a case is based on "negligence," that means the wrongful company had a duty to keep people safe. They violated that duty. People were exposed to harmful substances. Significant harm resulted from the exposure. Negligence is a very common legal theory in injury cases. People may think of the classic cartoon with a banana peel on the floor as an example of negligence. Additionally, negligence is the legal theory applied in car accidents - https://www.communityabroad.com/turkish/post/1000000050760
These lawsuits could also be based on a legal theory of "product liability." That means a product was dangerous to users because it was defective in some way. It was manufactured poorly. It was designed poorly. Or it did not warn users of its inherent dangers. At one time, there were many lawsuits using this theory in SUV rollovers and tires that blew out at highway speeds. Fortunately, we don't see as many high-speed tire failures. Those were classic examples of product liability lawsuits. Here's a short video on DOs and DON'Ts for high-speed tire failures - https://youtu.be/t-SYntoN1Y0.
In these lawsuits, the company that made the product would raise certain defenses. These could include that the person using the product was not adequately skilled, and it wasn't the product's fault. Another defense could be that the person was using the product improperly... for something it shouldn't have been used for. Another defense is that people were warned. With the hot coffee lawsuits, they are more difficult today because people can't say they haven't been warned. Cups come with warnings that the coffee is hot - https://www.communityabroad.com/turkish/post/1000000050212
Please be safe out there. Read product instructions carefully, use adequate safety equipment, and stop using a product if you suspect that it poses a hazard to health or safety.
Good Luck - Kendinize İyi Bakın
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Avukat Timur Akpinar
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