Personal Injury Lawyer Blog
The following blog entry is written to illustrate a common motion filed during civil litigation. Reviewing this kind of filing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury/boating accident lawsuit and its proceedings.)
4. The subject boat was defectively designed to accommodate the capacity of persons advertised as foreseeable and appropriate for use. There were inadequate and insufficient warning stickers and/or informational signs alerting consumers to the dangers of sitting in the bow of the boat. The product liability defendants knew of the boat’s propensity to take on water under certain conditions, and took no affirmative steps to warn, caution or advise prospective users. To the contrary, the boat was marketed by the manufacturer and the retailer as capable of safely carrying large numbers of people during normal operations.
5. The product liability defendants both failed to properly train, notify, educate, advise or otherwise communicate to prospective purchasers and users the risks inherent in the design of the boat.
6. Despite all of their knowledge, the product liability defendants failed to do any safety testing or load testing to determine the accurate and appropriate maximum number of passengers on the boat.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
7. There was no testing to determine the performance capabilities of the subject boat. There was no formalized engineering or other process regarding the maximum number and/or weight of passengers that would comport with safety standards. As can be determined from the foregoing discussion, there are multiple issues that the jury will have to grapple with on liability. Apportionment of fault will also occupy a great deal of time in evidence presentation. The injuries, in stark contrast, are much less contested, and the physical injuries essentially admitted. (See Part 7 of 8.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.