The most important things you can do to protect yourself and your family from the consequences of such an accident take place before the accident ever happens. After a few trips, we became pretty good at taking care of ourselves. Take as many pictures as you can. This contact was the cause of the pain, which continued to radiate down my leg. Other adjusters are nasty and confrontational, making you feel like the person at fault and questioning everything you do.Read More
Product liability Claim
The law constituting product liability determines the people responsible for damaged or defective products that are made available in the market. For instance, a product manufacturer or provider can be held accountable for putting a damaged or defective product in the stream of commerce. Moreover, all the parties that make up the line of distribution can be held accountable for product liability. The product liability law states that products are required to meet reasonable expectations of the consumers. The product does not meet those requirements if it is shown to have some form of damage or defect that violates those expectations.
The important theories regarding product liability: There are three different ways a person can claim product liability. These are as follows:
- Strict liability: This theory suggests that it is not required on the part of the person claiming product liability to show that the manufacturer was negligent in his provision of services. Instead, the claimant is only required to show that the product manufactured was damaged or defective. Furthermore, the person claiming product liability is also required to show that the damaged or defective product has caused them harm.The seller of the product can also be held accountable since they are a key link in the distribution chain as they sell or rent out the particular product on a regular basis.
- Negligence: This theory states that the person claiming product liability needs to show that the manufacturer is indebted by a duty of care to all potential customers. In addition, the person claiming product liability is also required to show that the manufacturer has breached that duty of care. Lastly, it is required to show that there is a direct cause and effect between that breach and the injuries sustained by the person.
- Warranty: This theory provides two different types of warranties. The first is express warranty. Under this type, it is required by the manufacturer to directly state that the product is safe for its purported use. The second type is implied warranty. This states that the safety of the product is implied by the manufacturer.
Additionally, there is the legal principle of “res ipsa loquitur”. In Latin it translates to “the thing speaks for itself”. According to this principle, it is given that the defect in the product would not be possible if it weren’t for someone’s negligence. The person claiming product liability is not required to prove the negligence on the part of the manufacturer as long as he or she is able to successfully use this legal doctrine.
All liability claims are determined by the state laws. There are also commercial decrees in every state that are based on the Uniform Commercial Code. The warranty rules and regulations that affect product liability are contained within these decrees provided by the state laws.
When do I need an attorney?
Claiming product liability can be a complicated matter. A lot of legal expertise is required if you want to claim product liability for defective and damaged products. A legal expert like a personal injury lawyer can help you understand the issues surrounding a product liability claim. You are required to consult the expertise of defective products attorney before filing a claim to thoroughly understand the case better.
what type of injury case you have?
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Ultimately, the jury ruled for the defense, so our client got nothing. Hopefully, your lawyer is using this time to develop a strategy for trying your case and is mapping out the witnesses and exhibits he will need to present to the jury. Depending on the circumstances of the case, this period could vary. If certain steps aren’t taken right away, your ability to make a full recovery for your loss may be compromised. As with any injury claim, a proper investigation could mean the difference between making a full recovery and not getting anything at all.Read More
Prioritize other things that need to be done to make sure you can place liability squarely on the defendant, and that you locate all other sources of insurance available to your client. Fractures: A fracture is medical terminology for a broken bone. If there is a decrease in pain, the test is considered positive. My client sustains several injuries, including: a fractured left hip; a broken left arm; a broken left leg; several deep gashes to the entire body, including facial lacerations requiring multiple stitches; there is a concern about internal injuries as there is blood in the urine.Read More
Top Lawyers Pick
- Joel T. Faxon
- Seth A. Pajcic
- Rob Sullivan
- Roger D. Nail
- Michael Sievers
- Robert W. Doyle, Jr.
- Amanda A. Mingo
- Thomas Waffenschmidt
- Bob M. Cohen
- Keith Williams
- Ron McCallum
- Joel O. Wooten, Jr.
Joel T. Faxon
A board certified civil trial lawyer and co-founder of Faxon Law Group, Joel T. Faxon handles life-altering injury and death cases, commercial truck crashes, highway defect claims, malpractice, birth trauma, and product liability. Innovative in his thinking and tireless in his approach, Joel assertively handles his clients cases as if they were his own and has won several important appeals in the Connecticut Supreme Court and Federal Appeals Courts, including Witt v. St. Vincents Medical Center, a medical malpractice case which led to a Supreme Court decision extending the statute of limitations for all victims of medical malpractice.
Seth A. Pajcic
Seth A. Pajcic has distinguished himself as a trial attorney at Pajcic & Pajcic, located in Jacksonville, Florida. As a practitioner of personal injury law, he pursues compensation for people injured by negligent drivers, unsafe conditions and medical errors. His firm especially relies on him to manage medical cases, which often must meet high legal standards to win compensation for victims. To help injured people clearly communicate their legal cases, Mr. Pajcic exposes the responsibilities of opposing parties by citing laws related to automobile negligence, medical malpractice and premises liability.As the lead attorney on almost 300 cases that went to trial, his efforts have produced verdicts that recovered over $60 million for his clients. In recognition of his achievements on behalf of injury victims, his legal peers have granted him a positive rating of AV Preeminent through Martindale-Hubbell.He has set high standards for himself throughout his life. He graduated magna cum laude from Sewanee: The University of the South while playing college football as an offensive lineman. After winning a fellowship to attend The George Washington University, he earned a Master of Arts in political management in 2001. When he later received his law degree from Florida State University College of Law, he graduated cum laude.In 2004, he was admitted to The Florida Bar and worked as an assistant state attorney until attaining his current position in 2007. The Florida Justice Association included him on its board of directors from 2008 to 2009, and he continues to belong to the organization. He also maintains membership in the Jacksonville Bar Association and the American Bar Association.AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Rating™ fall into two categories – legal ability and general ethical standards.
After seven years at one of the Nations top product liability and personal injury law firms, the last two years as a partner, Rob opened his own law firm in 2009, eventually renamed Sullivan Law LLC in 2013. Throughout his legal career, Rob has handled wrongful death cases, as well as serious injury cases in a variety of areas, including products liability, railroad crossing accidents and automotive negligence. Robs practice is exclusively dedicated to representing injured persons and their families and is primarily focused in the area of products liability, trucking and railroad crossing litigation. As lead counsel, Rob has obtained a number of favorable results on behalf of injured people and their families. Rob was counsel in a 2005 verdict against Ford Motor Company where his client was awarded $17 million in damages due to a defect in a Ford vehicle; at the time, the highest personal injury award ever in Jacksonville, Florida. In addition, Rob obtained a seven-figure verdict against Ryder Truck Rental that was listed as one of the Top 20 verdicts of 2006 in Missouri. Rob also represented a family that was awarded a $7 million wrongful death verdict in a trucking case in Arkansas Federal Court in 2011, one of the highest wrongful death awards ever in that venue. Rob obtained another record verdict when his client was awarded a $15 million verdict in a boat explosion case, the highest plaintiffs verdict in Missouri for 2014 and the highest personal injury verdict ever awarded in that venue. In 2015 Rob obtained another record verdict with a $2.5 million award against Ryobi in a wrongful death case involving a lawnmower explosion in the Federal District Court for the Eastern District of Virginia, a notoriously difficult venue for injury cases. In 2016, in Kansas City, Rob obtained a verdict against CrossFit Inc. becoming the first attorney ever to secure a verdict holding the international CrossFit Inc. responsible for injuries to a participant at one its 15,000+ worldwide affiliates. Rob is a member of the Million Dollar Advocates Forum and has been selected as a Top 100 Litigator every year since 2007 by The American Trial Lawyers Association. The cases Rob has been involved in have resulted in settlements or verdicts in excess of $100 million. Rob is a former member of the Board of Governors for the Missouri Association of Trial Attorneys, serving for over ten years, and is the former Chair of the Executive Committee for the Railroad Law Section of the American Association for Justice. He is also a member of the Southern Trial Lawyers Association and the American Association for Justice. Rob has had numerous speaking engagements on a local and national level and has published several articles including articles published in the national publication Trial Magazine. Rob currently handles cases from coast to coast, including cases in Missouri, Maryland, Florida, Tennessee, Arkansas, Minnesota, Kansas, California, Oklahoma, Vermont and Illinois.
1600 Baltimore Avenue, Suite 200,, Kansas City MO 64108
Roger D. Nail
Trial attorney Roger D. Nail is the owner of The Nail Law Firm, a personal injury practice with offices in Kansas City and Lees Summit, Missouri. Focusing on representing those who sustained an injury or suffered a loss as the result of another partys negligent, careless or unlawful actions, Mr. Nail fights hard on behalf of his clients to protect their rights and best interests, helping them obtain the compensation and benefits they need to support themselves and their families.Handling all types of personal injury and wrongful death claims, Mr. Nail advocates strongly on behalf of those adversely affected by automobile and trucking accidents, nursing home abuse, medical malpractice, dangerous property conditions, defective products, and other similar claims of negligence or wrongdoing.A highly rated personal injury attorney with nearly 20 years of legal experience, Mr. Nail has secured some of the largest settlements and verdicts ever awarded in Missouri for personal injury cases.The recipient of numerous awards and honors throughout his career, he is widely regarded as one of the top personal injury attorneys in the region. Of note, he won the Thomas J. Conway Young Trial Lawyer Award in 2011 from the Kansas City Metropolitan Bar Association for his outstanding trial skills and fierce advocacy for those in need.Additionally, The National Trial Lawyers included him on its list of Top 100 Trial Lawyers, and the National Association of Distinguished Counsel named him among the Nations Top One Percent in 2015. He is also a fellow of The Missouri Bar and a fellow of the bar with the Kansas City Metropolitan Bar Association.Active in his legal community, Mr. Nail currently serves as president of The Missouri Bar Civil Litigation Division, and he once served as president of the Kansas City Metropolitan Bar Association Civil Litigation Section, where he currently sits on the board of directors. He is also the former chair of the tort committee for both The Missouri Bar and the Kansas City Metropolitan Bar Association.A 1994 graduate of Westminster College, he received his Master of Arts in public policy from the University of Missouri-Kansas City in 1998. That same year, he obtained his Juris Doctor from the University of Missouri School of Law and his license to practice from The Missouri Bar.
Michael Sievers is an associate attorney at the law firm of McGinn Montoya Love & Curry, P.A. in Albuquerque, New Mexico. Mr. Sievers represents plaintiffs in personal injury and wrongful death matters. He has experience with personal injury matters involving medical malpractice, semi-truck collisions, products liability, and nursing home neglect, among other areas.Mr. Sievers serves clients throughout New Mexico. He practices in areas, including Carlsbad, Farmington, Grants, Las Cruces, Los Lunas, Rio Rancho, Roswell, Santa Fe, Socorro, Taos, Tucumcari and throughout Bernalillo, Colfax, Dona Ana, Eddy, Los Alamos, Quay, Rio Arriba, Sandoval, San Miguel, Santa Fe, Socorro, Taos and Valencia counties.Born and raised in the city of Gallup, New Mexico, Mr. Sievers earned a bachelors degree in journalism and mass communications from New Mexico State University. He received his law degree from the University of New Mexico School of Law.While attending law school, Mr. Sievers served as managing editor and staff member of the New Mexico Law Review. He clerked at McGinn, Montoya, Love & Curry, P.A. before joining the firm as an associate following law school.In 2013, Mr. Sievers obtained his New Mexico law license, making him eligible to practice law in all New Mexico state courts. In addition to practicing law, he has significant writing experience. He is a former editor of the Mountain Mail and a former sports editor of The Journal, a publication covering Cortez, Dolores and Mancos, New Mexico. He is also the author of several articles for the New Mexico Trial Lawyers Associations journal and is currently the copy editor for that journal.
Robert W. Doyle, Jr.
Attorney Robert W. Doyle Jr. is a partner with Lewis Johs Avallone Aviles, LLP, which has offices in Islandia, New York, and New York City. Maintaining a successful trial practice, Mr. Doyle represents a diverse range of clients across Long Island and throughout the Greater New York City metropolitan region with their complex and challenging civil litigation matters.Over the course of his more than 25-year legal career, Mr. Doyle has gained extensive experience in many different areas of the law. Along with prosecuting all types of plaintiff personal injury claims, he also defends health care professionals and providers against tortious malpractice claims.As a criminal defense attorney, he has achieved notable success defending the rights and liberties of those charged with serious felony offenses, and he also served Long Island school districts in prosecuting corrupt superintendents and school board members. In addition, Mr. Doyle routinely serves as outside counsel for businesses of all sizes, offering invaluable advice with matters involving general operations and employment law compliance, and representing their interests in any employment- or business-related litigation.After graduating from the University of Virginia in 1989 with a Bachelor of Arts in American government, Mr. Doyle attended Washington and Lee University School of Law, obtaining his Juris Doctor in 1992. He is licensed to practice in Maryland and New York as well as before the U.S. District Courts for the Southern and Eastern Districts of New York.A consummate professional, he is involved with a number of local, state and national bar associations, and he has served in a number of leadership roles, including president, for the Nassau-Suffolk Trial Lawyers Association.Widely regarded as one of the regions top trial attorneys, he holds an AV Preeminent peer review rating from Martindale-Hubbell, and he gives back to his community through his service to various local and regional charitable and athletic organizations.AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Rating™ fall into two categories – legal ability and general ethical standards.
Amanda A. Mingo
As a partner at Rawls, Scheer, Foster & Mingo PLLC, Amanda A. Mingo helps victims of negligence, and those who have lost a loved one, secure justice through personal injury and wrongful death claims. She advocates for people in the Charlotte, North Carolina, area.In one of her most notable cases, Ms. Mingo represented the parents of a child who died in a car wreck. The incident happened due excessive speed combined with the lack of a traffic signal at an intersection. Through filing a claim against the land development company, which was supposed to have installed the traffic light, Ms. Mingo obtained $3 million for each parent.As a nod to verdicts and settlements like this one, Ms. Mingo holds the highest peer rating possible of AV Preeminent from Martindale-Hubbell, and she has an Avvo Excellentrating.In 1992, Ms. Mingo earned a Bachelor of Arts in monetary economics and finance from the University of North Carolina, Asheville. She then received a Juris Doctor from the North Carolina Central University School of Law in 1997.Prior to entering private practice, Ms. Mingo was an assistant district attorney. She brings those litigation and investigative skills to every case she handles, uncovering every detail that leads to a top-dollar award for clients.In addition to personal injury cases, Ms. Mingo also handles matters including the following: whistleblower claims, business insurance coverage disputes, professional licensing, zoning and North Carolina Alcoholic Beverage Control Commission permits.Ms. Mingo is a member of the American Association for Justice, the Mecklenburg County Bar and the North Carolina Advocates for Justices Auto Torts Section. AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Ratings™ fall into two categories – legal ability and general ethical standards.
President of The Waffenschmidt Law Firm, LLC, Thomas Waffenschmidt represents those dealing with personal injuries in Williamsport, Lycoming County, Bradford, Clinton, Montour County, Northumberland, Potter County, Sullivan County, Tioga and Union. Fluent in French, German and English, he is highly qualified to represent those whose lives have been changed by the negligent actions of another.Mr. Waffenschmidt earned a Bachelor of Arts, graduating summa cum laude from Slippery Rock University before earning a Juris Doctor in 1990 from the Georgetown University Law Center. Currently, he is admitted to practice in Pennsylvania, the U.S. District Court for the Middle District of Pennsylvania and the U.S. Court of Appeals for the 3rd Circuit. For his commitment to legal ethics and professional accomplishments, he earned the highest peer rating possible of AV Preeminent from Martindale-Hubbell. He is also a member of the Million Dollar Advocates Forum and has an Avvo Superbrating from previous clients.Handling matters of motor vehicle accidents, medical malpractice, wrongful death, premises liability, dog bite injury, workers compensation, legal malpractice and Marcellus Shale issues, Mr. Waffenschmidt has over 35 years of experience and millions of dollars recovered.While he is president of the Lycoming Law Association, he is also a member of several other professional organizations, including the Pennsylvania Bar Association, the American Bar Association, the board of governors for the Pennsylvania Trial Lawyers Association, the Federal Bar Association and the Lycoming County Democratic Party. Those who have been injured at the hands of another may schedule a free consultation with Mr. Waffenschmidt and benefit from his experience handling thousands of personal injury cases over the course of his career. AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Rating™ fall into two categories – legal ability and general ethical standards
Bob M. Cohen
Attorney Bob M. Cohen is the founder of and a partner in Cohen & Marzban Law Corporation. Since establishing the Los Angeles law firm in 1971, Mr. Cohen has focused his practice exclusively on protecting the rights of injured victims and families living throughout Southern California as they pursue compensation in cases stemming from the following:,• Motor vehicle accidents,• Bicycle and pedestrian accidents,• Mass transit accidents,• Construction accidents,• Dog bites and animal attacks,• Slip-and-fall accidents,• Elder abuse,• Wrongful death,Mr. Cohen began his career in 1971 after earning his law degree from University of the Pacific McGeorge School of Law and his admission to The State Bar of California. Today, attorney Cohen has a reputation as one of Greater Los Angeles top personal injury lawyers, resulting in a number of honors, including a Superb rating from Avvo and membership in the Multi-Million Dollar Advocates Forum, which is limited to those attorneys who have secured a minimum of $2 million for a client in a settlement or verdict.Mr. Cohen is not only a recognized leader in the legal community but also in the Greater Los Angeles community. He serves as a member of the board of advisors for the UCLA Medical Center-Health System and a member of the board of directors for the Better Business Bureau for Silicon Valley and Los Angeles. Additionally, he is a member of a number of legal organizations, including the American Bar Association, the Los Angeles County Bar Association and the Consumer Attorneys of California.
10866 Wilshire Blvd, Suite 400,, Los Angeles CA 90024
Tennessee Injury Attorney Keith Williams provides dedicated representation to clients in accident, injury and wrongful death cases. The founder of Keith Williams Law Group and Partner of Lannom & Williams Trial Attorneys, he has more than 24 years of experience helping clients in Nashville, Lebanon and Middle Tennessee.Keith has taken hundreds of cases to trial and won numerous large awards or settlements for his clients. In a Sumner County jury trial, Keith obtained $14.6 and 6.2 million settlements for car accident victims. He has also handled cases involving airplane crashes and confidential settlements against commercial trucking companies.Keith is certified as a civil trial specialist by the National Board of Trial Advocacy and has earned recognition from a number of professional organizations. He holds a peer review rating of AV Preeminent, Martindale-Hubbells highest possible rating. Keith is a Top 100 Trial Lawyer and has an AVVO rating of Superb.Keith is an active advocate for the rights of injured people in a number of professional and legal organizations, including the American Association for Justice, the Tennessee Association for Justice and the Public Justice Foundation. He is the author of The Consumers Guide to a Tennessee Accident or Personal Injury Case, a guide for victims of injury accidents.When hes not in the courtroom, Keith is in demand as a speaker across the country for Legal Seminars from auto accidents to aviation disasters and also in 3rd party trucking liability topics.
511 Union Street, Suite 1820,, Nashville TN 37219
The principal attorney at his own law firm in Dallas, Texas, Ron McCallum focuses his practice exclusively on personal injury and wrongful death litigation. He represents people throughout the metropolitan area, as well as other parts of the state who have suffered harm as the result of negligence of other parties. The types of cases that Mr. McCallum has been involved in have included bus, truck and other commercial vehicle crashes, toxic exposure, product liability, refinery explosions, airplane crashes, and construction site and oilfield injuries.Throughout his career, Mr. McCallum has been able to obtain numerous sizable settlements and jury awards on behalf of his clients. One notable lawsuit resulted in a jury award of nearly $19 million against Greyhound Lines, Inc. in a case involving a Greyhound bus that lost control on a road covered with ice, catastrophically injuring two of his clients. As a result of his successes, Mr. McCallum is a member of the Multi-Million Dollar Advocates Forum, and he has been awarded an AV Preeminent peer review rating through Martindale-Hubbell and a 10.0 Superb peer review rating through Avvo. He has also been named to The National Trial Lawyers: Top 40 Under 40.Mr. McCallum attended The University of Oklahoma on an academic scholarship and obtained a Bachelor of Arts in 1997. He then pursued his legal education at South Texas College of Law and was awarded his Juris Doctor in 2001. Mr. McCallum spent several years at leading personal injury law firms before founding Ron McCallum & Associates PLLC in January 2018. Admitted to practice before all Texas and Oklahoma state courts, he is also admitted to practice before the U.S. District Courts for the Northern and Eastern Districts of Texas. An accomplished pilot, Mr. McCallum is a member of the Aircraft Owners and Pilots Association as well as several legal organizations.AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Rating™ fall into two categories – legal ability and general ethical standards.
Joel O. Wooten, Jr.
In a career that spans more than 40 years, attorney Joel O. Wooten has had a significant impact both for the clients he has represented in cases and in the Georgia legal community. He has served as a member and Chair of the University System of Georgia Board of Regents that oversees and governs all of the public colleges and universities in Georgia. He currently is Chair of the State Bar Business Court Committee, a member and Secretary-Treasurer of the Board of the Georgia Ports Authority, a member and Chair of the Board of the Jasper Ocean Terminal Joint Venture, a member of University of Georgia Athletic Board, and a member of the Board of Visitors for the University of Georgia Law School.Since graduating from the University of Georgia School of Law in 1975, Mr. Wooten has served as lead counsel in numerous cases involving tractor trailer ,trucks,, product liability, ,dangerous products,, defective pharmaceuticals, toxic torts, ,brain injuries, and motor vehicle accidents. He has handled class action lawsuits, commercial litigation, medical malpractice and environmental law cases.Mr. Wooten is admitted to practice in all Georgia state courts, the U.S. District Court for the Middle and Northern Districts of Georgia, the U.S. Court of Appeals for the 11th Circuit, the Georgia Court of Appeals, and the Georgia Supreme Court.He has been listed as a Georgia Top Lawyer every year since 2007 and has been chosen as one of Georgia Trends 100 Most Influrential Georgians. He holds an AV Preeminent rating in the Martindale-Hubbell peer review rating system. He was the 2007 recipient of GreenLaws Doremus Award for Excellence in Environmental Law and was the 2000 recipient of the State Bar of Georgia Tradition of Excellence Award. He received the University of Georgia Law School Distinguished Service Scroll in 2012, and the Amicus Curiae Award from the Supreme Court of Georgia in 2018. Mr. Wooten is a Fellow of the Lawyers Foundation of Georgia, a Fellow of the American Bar Foundation, and is listed in Whos Who in American Law.