Tuesday, August 13, 2019

Avoiding Product Liability in Your New Business

As new businesses get up and running, there will be many different aspects of your business that has parts of your focus. If you manufacture or supply products or components of products to the public, you do have a responsibility to ensure the safety and duty of care to those who will be using them. Because product liability refers to “defective” products, generally, it’s important to make sure that you are guarding your business against these challenges ahead of time. Here are a few ways your new business can avoid a product liability lawsuit. We’ll also talk about how your Lake of the Ozarks lawyer can help you on the front end before you find yourself swimming amongst millions of dollars worth of damages or injury costs.

Start With Product Testing

Product testing is going to be your first wall of defense to help you be alert to possible defects in the manufacture or design of a product. If you do not perform the necessary product testing, it can result in a manufacturer’s negligence, or a failure to recall faulty or dangerous products. You will also want to always be able to prove that you have taken reasonable steps to avoid product defects, as well as implemented a safe production process.

Always Attach a Warning Label

It is your job as a company to provide the appropriate and effective warnings on a product label. This is necessary to allow the sale of otherwise dangerous good. Make sure that the warning is clear about potential dangers to avoid the major pitfall of a claim. Important disclosures on packaging will help protect you.

Review Suppliers

If you are a retailer, distributor, or business that will repair or make changes to a product, you really should put in place specific measures to review manufacturers’ procedures and processes. You want to be extremely comfortable with a supplier’s products or components. It also can’t be recommended enough that legal contracts are put in place to confirm that suppliers hold ultimate financial responsibility for all defects that are in place before your supply of the product.

Look Into Liability Insurance

This is not a mandatory step, however, any company that manufactures or distributes a product should be covered. This type of insurance covers the compensation that will be provided to the individual who is injured after a faulty product or design. It also helps to cover any legal fees that are incurred as well.

Don’t Be Afraid, Be Prepared

If you are starting a new business, it’s always a great idea to put together your business information and sit down with a knowledgable legal advocate at the Lake of the Ozarks. We can help you analyze the details of your company and take proper action now to protect the business that you will be pouring so many hours into. If you do find yourself amid a personal injury case at the Lake of the Ozarks, especially due to product liability, I would be honored to help you navigate the case. Visit my website to learn more about my law practice at the Lake of the Ozarks, as well as give us a call at the number below for a FREE consultation.

Remember, your initial consultation with Gibbons Law Firm is always free.

Your Trusted Legal Resource

Gibbons Law Firm
2820 Bagnell Dam Blvd, Suite B4
Lake Ozark, MO 65049

(573) 348-2211

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Wednesday, August 7, 2019

Statistics About a Father's Rights

Divorce can make navigating relationships a bit challenging, especially when children are involved. The thing is, a huge number of fathers still want to continue to be actively involved in their children’s lives even after the split. Unfortunately, many fathers don’t understand the rights that they have where their children are concerned, and sometimes they can even be overlooked by the courts. Gender bias shouldn’t exist in the courts to favor mothers over fathers, but that’s not always the case. Here are a few statistics about a father's rights at the Lake of the Ozarks.

What Exactly ARE a Father's Rights?

Whether during the custody dispute or during the child’s upbringing, the father’s rights are not a surprise.

  • Being able to spend time with his children
  • Being involved in his children’s lives
  • Having equal participation in parenting, including where they live, go to school, and church
  • Having equal access to medical and school records
  • Having equal say in medical decisions
  • Having the ability to parent or discipline his children without interference from their mother

Of course, when a father wants equal rights to his children, he will also have to equally share in all of the responsibilities of raising them, including financial support. The challenge is that many mothers don’t seem to have to worry about losing their custody, as they are more likely to win full custody of the children. Fathers should have an equal right, but it can be hard to get this accomplished than it should be.

Father’s Rights Statistics

  • In the spring of 2010, the U.S. Census Bureau reported that an estimated 13.7 million parents had custody over children whose other parent lived somewhere else. Of these custodial parents, only one in six were fathers, which is about 17.8%.
  • Of the 17.8% of fathers who were custodial parents in 2010, 18.8% of them were living below the poverty level. And, while there was a higher percentage of custodial mothers living below poverty, mothers were also less likely to be employed than custodial fathers and more likely to receive public assistance.
  • The U.S. Census Bureau reports that nearly half of the fathers without any visitation rights still financially support their children.
  • In 2012, the U.S. Census Bureau reported that only 28.8% of custodial fathers received child support either through an agreement or award; while 53.4% of custodial mothers received support.
  • According to data collected in 2014 by the U.S. Census Bureau, out of the 7,282 custodial parents who weren’t receiving child support, 1,128 of these were custodial mothers who said they didn’t want their child(ren) to have contact with their father.

Father’s Rights in Missouri

In Missouri, when determining who will be awarded custody and whether it will be sole or joint custody, the judge will consider these factors:

  • The wishes of the parents and their proposed parenting plans
  • The child's need to have a meaningful relationship with both parents, as well as the parents' willingness and abilities to facilitate that
  • The interaction and interrelationship of the child with parents, siblings, and others who may impact the child's best interests
  • Which parent is more likely to allow the child frequent and meaningful contact with the other parent
  • The child's adjustment to school, home, and community
  • Any history of abuse, as well as the mental and physical health of all parties
  • The wishes of the child
  • The intention of either parent to relocate

Need a Family Lawyer at the Lake of the Ozarks?

The legal aspects of family law can be highly complex and highly sensitive and emotional because of the personal nature of the disputes. An experienced and knowledgeable attorney—with the ability to listen and counsel clients, investigate and negotiate cases, to defuse conflict, and, when necessary, to litigate a case—is important to a successful outcome of a family law case.

Gibbons Law Firm assists clients with all types of family law cases. We are committed to providing legal counseling and advice that clients need in such disputes. Find out more about how we can assist you by contacting our Firm and making an appointment today.

Remember, your initial consultation with Gibbons Law Firm is always free.

Your Trusted Legal Resource

Gibbons Law Firm
2820 Bagnell Dam Blvd, Suite B4
Lake Ozark, MO 65049

(573) 348-2211

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