What You Should Know About Product Liability Litigation

As a business person in the manufacturing industry, product liability litigation is a real risk. Once you have released your products to the market, you have little if any control over their effects on consumers. That said, you need to be in the know of what would happen if anything goes wrong. Product liability litigation happens when consumers file a case against the producer of a product because of the effect the product has had on them.

Let's start by viewing this matter from the general legal picture of American law. The following post explains how this works:

Product liability law in the United States, which is largely a function of state law, is well developed in most states, but is fluid and continues to adapt and respond to developing trends and theories. For example, abuses of the product liability laws in particular areas such as asbestos claims and pharmaceutical litigation have led to reform of procedural rules, like class actions, and other tort reforms in various states, such as caps on damage awards. These measures have reduced the number of these types of product claims. Read more at Getting The Deal Through…

It would be unwise not to familiarize yourself with the laws governing product liability as a producer. Since the laws keep changing due to development realities, you also need to keep abreast with these changes.

Now, when it comes to a particular product liability case, what should you expect? The following post explains it in detail:

Generally, in order to file a lawsuit in the United States, a plaintiff must plead the essential facts to make a prima facie case under whichever theories of liability he or she is proceeding. That pleading takes the form of a complaint, which must be served on defendant(s) in the manner required by the local rules where the case is filed. Perfecting service of the complaint on defendant(s) initiates the lawsuit. In order for a court to take up a product liability claim, it must have both personal and subject matter jurisdiction. Read more at Lexology…

If by any chance you are faced with a supposed product liability lawsuit, it is not valid if it has not gone through the stated procedure. A competent lawyer should be able to notice any inconsistencies in the lawsuit.

However, if a valid lawsuit has been filed against you or your company, there are several grounds on which it could be made. The following post explains them in detail:

What Types of Product Liability Are There?

Products liability may be proven using three different types of defective product theories. Understanding these types of product liability theories can help you understand if you have a case or not. They include:

Warning defects: The product lacked sufficient warning labels or instructions, and these defects caused the plaintiff's injuries.

Manufacturing defect: The product was defect in the way that it was manufactured or produced. This usually refers to a product that is designed properly, but was individually manufactured in a wrong way.

Design defect: Here, the injuries resulted from defects related to the way the product was designed. Design defects have the potential for injuring large groups of consumers, and they are often latent. Read more at Legal Match…

Any product liability lawsuit can be unnerving since it has the potential to ruin your business and its reputation. Should you ever be in such a situation, it is critical to work with a competent lawyer.

At Meek Law Firm, we have a team of competent lawyers who can handle your case professionally and help you to recover the peace of mind you need to continue with business. Call attorney Jonathan Meek today at (704) 848-6335, or fill out the contact form on our website to get started.

Keep reading about What You Should Know About Product Liability Litigation at Meek Law Firm

What You Should Know About Product Liability Litigation

As a business person in the manufacturing industry, product liability litigation is a real risk. Once you have released your products to the market, you have little if any control over their effects on consumers. That said, you need to be in the know of what would happen if anything goes wrong. Product liability litigation happens when consumers file a case against the producer of a product because of the effect the product has had on them.

Let’s start by viewing this matter from the general legal picture of American law. The following post explains how this works:

Product liability law in the United States, which is largely a function of state law, is well developed in most states, but is fluid and continues to adapt and respond to developing trends and theories. For example, abuses of the product liability laws in particular areas such as asbestos claims and pharmaceutical litigation have led to reform of procedural rules, like class actions, and other tort reforms in various states, such as caps on damage awards. These measures have reduced the number of these types of product claims. Read more at Getting The Deal Through…

It would be unwise not to familiarize yourself with the laws governing product liability as a producer. Since the laws keep changing due to development realities, you also need to keep abreast with these changes.

Now, when it comes to a particular product liability case, what should you expect? The following post explains it in detail:

Generally, in order to file a lawsuit in the United States, a plaintiff must plead the essential facts to make a prima facie case under whichever theories of liability he or she is proceeding. That pleading takes the form of a complaint, which must be served on defendant(s) in the manner required by the local rules where the case is filed. Perfecting service of the complaint on defendant(s) initiates the lawsuit. In order for a court to take up a product liability claim, it must have both personal and subject matter jurisdiction. Read more at Lexology…

If by any chance you are faced with a supposed product liability lawsuit, it is not valid if it has not gone through the stated procedure. A competent lawyer should be able to notice any inconsistencies in the lawsuit.

However, if a valid lawsuit has been filed against you or your company, there are several grounds on which it could be made. The following post explains them in detail:

What Types of Product Liability Are There?

Products liability may be proven using three different types of defective product theories. Understanding these types of product liability theories can help you understand if you have a case or not. They include:

Warning defects: The product lacked sufficient warning labels or instructions, and these defects caused the plaintiff’s injuries.

Manufacturing defect: The product was defect in the way that it was manufactured or produced. This usually refers to a product that is designed properly, but was individually manufactured in a wrong way.

Design defect: Here, the injuries resulted from defects related to the way the product was designed. Design defects have the potential for injuring large groups of consumers, and they are often latent. Read more at Legal Match…

Any product liability lawsuit can be unnerving since it has the potential to ruin your business and its reputation. Should you ever be in such a situation, it is critical to work with a competent lawyer.

At Meek Law Firm, we have a team of competent lawyers who can handle your case professionally and help you to recover the peace of mind you need to continue with business. Call attorney Jonathan Meek today at (704) 848-6335, or fill out the contact form on our website to get started.

Keep reading about What You Should Know About Product Liability Litigation at Meek Law Firm

Healthcare Power of Attorney: Understanding The Ins and Outs

Healthcare is a basic need, and the decisions surrounding it are critical. If you (or a loved one) can't make sound healthcare decisions for yourself (him/herself), it can be extremely unsettling. The good news is that all isn't lost thanks to the healthcare power of attorney. In this informative blog post, we're going to focus on the healthcare power of attorney and what it is all about. The following article provides great detail:

What is a Healthcare Power Of Attorney – HCPA

A healthcare power of attorney or HCPA is a legal form that allows an individual to empower another with decisions regarding his or her healthcare and medical treatment.

BREAKING DOWN Healthcare Power Of Attorney – HCPA

Healthcare power of attorney becomes active when a person is unable to make decisions or consciously communicate intentions regarding treatments.

The healthcare power of attorney allows people who become unable to make their own decisions to exercise their beliefs and wishes regarding medical procedures. The person's agent can communicate on behalf of the sick or injured person, preventing unwanted treatment or making necessary decisions in the event that the individual is unable to do so. Read more at Investopedia…

In short, the healthcare power of attorney delegates the power to make any medical decision for a person, especially in case of an emergency. That seals any loophole associated with healthcare for you or loved ones.

The healthcare power of attorney is not like any other document you just sign and start using. It is a legal document and the following post explains more about it in the North Carolina context:

North Carolina Power of Attorney Forms

A Statutory Short Form Power of Attorney has been created by the North Carolina legislature. The form may be found in the North Carolina General Statutes, Chapter 32C, at Section 32C-3-301. Although the law states that POAs created before the new law are still effective, it would be a good idea to create a new one using the current form.

The form lists various types of financial transactions, each of which is explained in detail in the North Carolina General Statutes. To give your agent the power to engage in all matters, you can initial the line in front of the phrase "All Preceding Subjects." Read more at Legal Zoom…

In essence, you need the input of a lawyer who is up to date on the latest developments in legal matters.

Before your healthcare power of attorney is signed, you need to know its effectiveness in other states. This is especially so if you work or live in different states for one reason or the other. It's crucial that you understand these details, which the following post examines in deeper detail:

Will Other States Accept My Living Will & Health Care Power of Attorney?

If you regularly spend time in more than one state, it's smart to consider whether a living will, advance directive, or health care power of attorney made in your home state will be valid in the second state, too. Usually, it will be. Most states accept health care directives from other states as long as the documents are legally valid in the state where they were made — but this is not always the case.

When Your Health Care Documents May Not Be Accepted

Some states limit the extent to which they will honor health care directives from other states, accepting the documents only so far as they comply with their own laws. Read more at Nolo…

To ensure that your wishes are recognized, it's important that you work with a competent lawyer to draw up your healthcare power of attorney. He or she will do all the background work that is required to ensure your documents are ironclad.

If you're in the metro Charlotte region, attorney Jonathan Meek has the education and experience needed to handle all of your legal needs. Call Meek Law Firm today at (704) 848-6335 to ensure that your health concerns are addressed and settled. We look forward to hearing from you.

Keep reading about Healthcare Power of Attorney: Understanding The Ins and Outs at Meek Law Firm

Healthcare Power of Attorney: Understanding The Ins and Outs

Healthcare is a basic need, and the decisions surrounding it are critical. If you (or a loved one) can’t make sound healthcare decisions for yourself (him/herself), it can be extremely unsettling. The good news is that all isn’t lost thanks to the healthcare power of attorney. In this informative blog post, we’re going to focus on the healthcare power of attorney and what it is all about. The following article provides great detail:

What is a Healthcare Power Of Attorney – HCPA

A healthcare power of attorney or HCPA is a legal form that allows an individual to empower another with decisions regarding his or her healthcare and medical treatment.

BREAKING DOWN Healthcare Power Of Attorney – HCPA

Healthcare power of attorney becomes active when a person is unable to make decisions or consciously communicate intentions regarding treatments.

The healthcare power of attorney allows people who become unable to make their own decisions to exercise their beliefs and wishes regarding medical procedures. The person’s agent can communicate on behalf of the sick or injured person, preventing unwanted treatment or making necessary decisions in the event that the individual is unable to do so. Read more at Investopedia…

In short, the healthcare power of attorney delegates the power to make any medical decision for a person, especially in case of an emergency. That seals any loophole associated with healthcare for you or loved ones.

The healthcare power of attorney is not like any other document you just sign and start using. It is a legal document and the following post explains more about it in the North Carolina context:

North Carolina Power of Attorney Forms

A Statutory Short Form Power of Attorney has been created by the North Carolina legislature. The form may be found in the North Carolina General Statutes, Chapter 32C, at Section 32C-3-301. Although the law states that POAs created before the new law are still effective, it would be a good idea to create a new one using the current form.

The form lists various types of financial transactions, each of which is explained in detail in the North Carolina General Statutes. To give your agent the power to engage in all matters, you can initial the line in front of the phrase “All Preceding Subjects.” Read more at Legal Zoom…

In essence, you need the input of a lawyer who is up to date on the latest developments in legal matters.

Before your healthcare power of attorney is signed, you need to know its effectiveness in other states. This is especially so if you work or live in different states for one reason or the other. It’s crucial that you understand these details, which the following post examines in deeper detail:

Will Other States Accept My Living Will & Health Care Power of Attorney?

If you regularly spend time in more than one state, it’s smart to consider whether a living will, advance directive, or health care power of attorney made in your home state will be valid in the second state, too. Usually, it will be. Most states accept health care directives from other states as long as the documents are legally valid in the state where they were made — but this is not always the case.

When Your Health Care Documents May Not Be Accepted

Some states limit the extent to which they will honor health care directives from other states, accepting the documents only so far as they comply with their own laws. Read more at Nolo…

To ensure that your wishes are recognized, it’s important that you work with a competent lawyer to draw up your healthcare power of attorney. He or she will do all the background work that is required to ensure your documents are ironclad.

If you’re in the metro Charlotte region, attorney Jonathan Meek has the education and experience needed to handle all of your legal needs. Call Meek Law Firm today at (704) 848-6335 to ensure that your health concerns are addressed and settled. We look forward to hearing from you.

Keep reading about Healthcare Power of Attorney: Understanding The Ins and Outs at Meek Law Firm

Prenuptial Agreements – When It’s Better To Be Safe Than Sorry

The topic of prenuptial agreements has drawn a lot of attention and opinions across the board. For both celebrities and normal folk, prenups have become an important consideration before a couple decides to tie the knot. Prenuptial agreements offer a welcome solution to the problem of long and costly divorce cases. It is therefore important for those considering marriage to understand what a prenup is and how it can help in a time of crisis.

What is a Prenuptial Agreement?

The following post gives a snapshot of prenups in America:

Here are 10 things every person should know about prenuptial agreements.

The basics. A prenuptial agreement is a private agreement between a couple signed before they get married which sets forth the division of their assets in the event of divorce or death. Each state has its own laws regarding the enforcement and validity of prenuptial agreements. Which state’s law to apply depends on where the marriage took place, where the parties live during the marriage and what law the agreement says to apply. Often, couples in this situation will seek out the laws of the state that will be most beneficial in carrying out the terms of the prenup. Read more at Forbes…

Note that prenups vary from one state to the other. Ensure that your agreement complies with your own state’s laws.

Should I get a Prenup?

If you are wondering whether a prenup is really for you, then the following post should help to highlight the specific situations in which a prenup may be considered vital:

Still, couples could benefit greatly from getting a prenup before tying the knot. Here are a few situations when a prenup might be a good idea:

You own a business

One or both of you has significant debt

One or both of you will inherit, or has inherited, money

One or both of you own real estate

One or both of you have children

You live in a community property state Read more at The Balance…

A prenuptial agreement protects both parties from possible loss in the event that the marriage does not work. It protects you from bearing the burden of debts and the unnecessary sharing of your hard-earned assets.

How do I get a Prenup?

So how do you get a good prenuptial agreement? What do you need to do? The following post offers some useful advice:

5 Steps to a Strong Prenuptial Agreement

If you and your soon-to-be spouse have decided to file a prenuptial agreement, you have already taken the first step toward smart future financial planning. Next, there is a lot to think about. The following steps will help you navigate the process of creating a strong prenuptial agreement — even if you never need to use it.

#1: Preparation

Tackle the document as early as possible. When you give yourselves enough time, you’ll be able to thoroughly consider the terms you want to include and to make any necessary revisions without rushing. Read more at Petrelli Previtera Schimmel…

Getting a prenuptial agreement does not mean that you are planning for a divorce. In fact, there are couples who wrote them and never used them at all. It is always better to be safe than sorry.

If you are in Charlotte, NC metro area and are looking for an experienced lawyer to help you prepare your prenuptial agreement, attorney Jonathan Meek will be glad to take you through the process. Call Meek Law Firm at (704) 848-6335 or complete the contact form on our website to book an appointment with us.

Keep reading about Prenuptial Agreements – When It’s Better To Be Safe Than Sorry at Meek Law Firm

Prenuptial Agreements – When It’s Better To Be Safe Than Sorry

The topic of prenuptial agreements has drawn a lot of attention and opinions across the board. For both celebrities and normal folk, prenups have become an important consideration before a couple decides to tie the knot. Prenuptial agreements offer a welcome solution to the problem of long and costly divorce cases. It is therefore important for those considering marriage to understand what a prenup is and how it can help in a time of crisis.

What is a Prenuptial Agreement?

The following post gives a snapshot of prenups in America:

Here are 10 things every person should know about prenuptial agreements.

The basics. A prenuptial agreement is a private agreement between a couple signed before they get married which sets forth the division of their assets in the event of divorce or death. Each state has its own laws regarding the enforcement and validity of prenuptial agreements. Which state's law to apply depends on where the marriage took place, where the parties live during the marriage and what law the agreement says to apply. Often, couples in this situation will seek out the laws of the state that will be most beneficial in carrying out the terms of the prenup. Read more at Forbes…

Note that prenups vary from one state to the other. Ensure that your agreement complies with your own state's laws.

Should I get a Prenup?

If you are wondering whether a prenup is really for you, then the following post should help to highlight the specific situations in which a prenup may be considered vital:

Still, couples could benefit greatly from getting a prenup before tying the knot. Here are a few situations when a prenup might be a good idea:

You own a business

One or both of you has significant debt

One or both of you will inherit, or has inherited, money

One or both of you own real estate

One or both of you have children

You live in a community property state Read more at The Balance…

A prenuptial agreement protects both parties from possible loss in the event that the marriage does not work. It protects you from bearing the burden of debts and the unnecessary sharing of your hard-earned assets.

How do I get a Prenup?

So how do you get a good prenuptial agreement? What do you need to do? The following post offers some useful advice:

5 Steps to a Strong Prenuptial Agreement

If you and your soon-to-be spouse have decided to file a prenuptial agreement, you have already taken the first step toward smart future financial planning. Next, there is a lot to think about. The following steps will help you navigate the process of creating a strong prenuptial agreement — even if you never need to use it.

#1: Preparation

Tackle the document as early as possible. When you give yourselves enough time, you'll be able to thoroughly consider the terms you want to include and to make any necessary revisions without rushing. Read more at Petrelli Previtera Schimmel…

Getting a prenuptial agreement does not mean that you are planning for a divorce. In fact, there are couples who wrote them and never used them at all. It is always better to be safe than sorry.

If you are in Charlotte, NC metro area and are looking for an experienced lawyer to help you prepare your prenuptial agreement, attorney Jonathan Meek will be glad to take you through the process. Call Meek Law Firm at (704) 848-6335 or complete the contact form on our website to book an appointment with us.

Keep reading about Prenuptial Agreements – When It's Better To Be Safe Than Sorry at Meek Law Firm

How To Properly Close A Real Estate Deal

The real estate closing process can be long and arduous. In some instances, it can be legally complex as well. If you're new to it, you need to know some key information to ensure that you come out of the process with your investment and property secure. This article looks at three of the most important real estate closing steps you should know.

Open an Escrow Account

Escrow is an account held by a third party on behalf of the two principal parties involved in a transaction. Since home sale involves multiple steps which take time that can span weeks, the best way to mitigate the risk of either the seller or the buyer getting ripped off is to have a neutral third party hold all the money and documents related to the transaction until everything has been settled. Once all procedural formalities are over, the money and documents are moved from the custody of the escrow account to the seller and buyer, thereby guaranteeing a secure transaction. Read more at Investopedia…

Even before you decide on the property you will purchase, open an escrow account. Real estate deals can go south very quickly, and you might find yourself losing a lot of money. An escrow acts as a buffer, keeping all the funds for the transaction safe. In case a deal goes sour, you can recover your money from the third party.

Hire a Reliable and Experienced Attorney

While optional, hiring an attorney to represent you in a real estate deal is a luxury few should do without. If for nothing else, hiring an attorney that specializes in real estate transactions will provide you with a peace of mind that can't be underestimated. In hiring someone that is well-versed in these types of deals, you can rest assured that all of the closing documents are in order and where they need to be. What's more, a trained eye will be able to identify any potential problems and meet them head on. Don't let paperwork prevent you from closing on the deal of your dreams; hire a trained professional to represent your side of the deal. Read more at ThanMerrill…

Signing the Contract

Signing the contract is not as easy as pulling out your pen and literally signing your name. Before that happens, you and the seller have to agree on the price. Plus, you and the seller have to agree on the terms of the sale.

Ideally, you should have a lawyer or a real estate agent take a look at the contract. If you don't want to do that, be sure to ask questions about any clauses that seem unclear to you. You need to understand every word of the contract before you put pen to paper. Read more at Pinnacle Property…

Signing a contract may seem easy. Going over the contract with a careful eye is usually the issue. Get your lawyer or real estate agent to go over the contract and make sure everything in there is as agreed.

One of the most important steps in our opinion is hiring the right lawyer. In fact, if you hire the right lawyer from the beginning, then chances are you will save yourself a lot of problems, and possibly a lot of money too. In most cases, the amount of money you save will make hiring a lawyer worth it.

If you are in the search for a great lawyer to take you through your real estate purchase, then look no further; Meek Law Firm is here for you. Give us a call at (704) 848-6335 for more information on our real estate services.

Keep reading about How To Properly Close A Real Estate Deal at Meek Law Firm