You will learn about your rights and what you should expect after you hire a lawyer. You need to approach this situation the same way. You look at your claim in a vacuum. The burden was on Peter and me, his lawyer, to prove that the injuries were related to the accident and to make the insurance company pay. Perhaps they think being rude will intimidate me.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?
Recent legal blog posts
If she didn’t act fast, all of these bills would end up in collections, ruining her credit for years. Failure to comply with these requests could significantly harm your claim, or even prevent you from getting a recovery at all. He is looking for ways to justify the insurance company cutting off payments for your treatment. That is a medical opinion best left to the doctors. It provides the insurance company the information it needs to evaluate your claim properly, it demonstrates that I am an experienced professional who knows what I am doing, and it creates a very real threat of litigation.Read More
We often suggest some kind of couples counseling in situations like this, but sometimes, the impact on the relationship is too great to be repaired. To determine the applicable statute of limitations in your state, you should consult with a personal injury attorney who is knowledgeable in herniated disc cases as soon as possible following the accident. We are NOT providing you information regarding the specific statute(s) of limitation applicable to your potential claim as this can only be determined after a detailed consultation of your case with an experienced attorney.Read More
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Top Lawyers Pick
- Jack E. (Bobby) Truitt
- Timothy C. Kelleher III
- Mark W. Davis
- Anna Kull
- Theodore J. Caldwell, Jr.
- David B. Dowling
- Gerald Marcus
- Mark E. Torian
- Benjamin Ostrer
- John Yannone
- Jacqueline Chada Nuckels
- Tim Hall
Jack E. (Bobby) Truitt
Attorney Jack E. (Bobby) Truitt is a partner with The Truitt Law Firm, LLC, which has offices located in Covington and Metairie, Louisiana. Serving both plaintiff and defendant clients alike throughout St. Tammany Parish and the surrounding areas of the greater New Orleans metro region, Mr. Truitt provides exceptional advocacy and support to those dealing with complex legal challenges involving any of the following:,· Personal injury litigation,· Workers compensation litigation,· Products liability litigation,· Maritime litigation,· Business litigation,Early in his career, Mr. Truitt worked for several prominent insurance defense firms, where he gained invaluable experience dealing with admiralty and workers compensation claims, as well as other general casualty litigation. Licensed to practice in Texas and Louisiana, he has achieved notable success handling matters in state, federal and appellate courts throughout both states and across the country. Insurance and tortious claims defense remain a significant portion of his practice, and his client list includes some of the nations largest corporations and insurance providers.Widely regarded as one of the top trial lawyers in the country, Mr. Truitt holds an AV Preeminent peer review rating from Martindale-Hubbell, and his firm recently earned a distinction of approval from A. M. Best Insurance Ratings. Mr. Truitt has also received many other accolades from his peers along with numerous positive reviews and referrals from his satisfied clients.A 1984 graduate of Louisiana State University, Mr. Truitt obtained his Juris Doctor from Loyola University New Orleans School of Law in 1987. The Louisiana State Bar Association admitted him to practice that same year, and the State Bar of Texas admitted him in 1994. He is also admitted to practice before the U.S. District Courts for the Eastern, Western and Middle Districts of Louisiana, the U.S. Court of Appeals for the 5th Circuit, the U.S. federal court, and the U.S. Supreme Court.A leader in his field, Mr. Truitt has conducted numerous continuing legal education seminars. Furthermore, he is an active member of the Louisiana Association of Defense Counsel, the Defense Research Institute, the National Retail and Restaurant Defense Association and the Louisiana State Bar Association, where he served with the House of Delegates.Mr. Truitt is also heavily involved in his local community through his service to several civic and charitable organizations across his area, and he serves as a board member and chairman of the West St. Tammany YMCA.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
Timothy C. Kelleher III
A partner at Jones Kelleher LLP, Timothy C. Kelleher III has over 25 years of legal experience. Focusing his practice on personal injury, Mr. Kelleher is dedicated to serving people in the Boston, Massachusetts, area who have suffered injury or the loss of a family member due to anothers negligence or carelessness. For the past 10 years, he has received the highest possible rating of AV Preeminent from Martindale-Hubbell. Mr. Kelleher has an Avvo Excellent rating, and he has been named in The National Trial Lawyers: Top 100.Whether they were injured as a result of a fire, an explosion, an accident at sea, an assault or sexual assault, or some other incident, Mr. Kelleher strives to help people recover the maximum compensation for their losses. He works with a network of professionals, including accident reconstruction experts and medical doctors, and employs various technological resources in order to prove liability and demonstrate the damages suffered as a result of the accident or incident.Beyond his work in the courtroom, Mr. Kelleher is actively involved in the legal community. He is a member of numerous professional organizations, including the American Association for Justice, the Massachusetts Bar Association; the Litigation Counsel of America and its association, the Trial Law Institute; and the Diversity Law Institute. Mr. Kelleher previously served as the president, and currently serves on the board of governors, the executive committee and as the chair for the litigation committee for the Massachusetts Academy of Trial Attorneys.Mr. Kelleher graduated cum laude with a Bachelor of Arts from Boston College. He went on to earn a Juris Doctor from the Suffolk University Law School.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.
Mark W. Davis
Mark W. Davis is a co-founder of Davis & Brusca.He is certified as a specialist in civil trial law by the Board on Attorney Certification of the Supreme Court of New Jersey and by the National Board of Trial Advocacy. While based in Princeton, Mr. Davis has clients throughout the state. He focuses his practice exclusively on personal injury and wrongful death litigation, helping people who have been harmed due to the negligence of other parties. Mr. Davis handles claims arising from nursing home abuse & neglect, commercial truck crashes, construction site accidents, medical and legal malpractice, and auto crashes, including auto-pedestrian accidents.Over his career, Mr. Davis has recovered millions of dollars in settlements and jury awards for his clients. His successful track record and ethics have been widely recognized by the legal community. He has received both an AV Preeminent peer review rating through Martindale-Hubbell and a 10.0 Superb peer review rating through Avvo. In addition, Mr. Davis has been repeatedly named to The National Trial Lawyers: Top 100 and is a lifetime achievement member of Americas Top 100 Attorneys.Mr. Davis graduated form the University of California, San Diego in 1991 and obtained his legal education at Pepperdine University School of Law, graduating with honors in 1994.Mr. Davis is admitted to practice in New Jersey, California, Florida and the District of Columbia. He is also admitted to practice before the United States Supreme Court, ,the U.S. Court of Appeals for the 3rd Circuit, ,the U.S. District Court of New Jersey, the U.S. District Courts for the Central and Southern Districts of California, and the U.S. District Court of the Southern District of Florida.Mr. Davis is active in a variety of legal organizations, including the American Association for Justice, and he serves on the board of governors for the New Jersey Association for Justice.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.
300 Carnegie Center Dr., Suite 150,, Princeton NJ 8540
An associate at Levy Konigsberg LLP and based in the firms New York City office, Anna Kull focuses her practice on personal injury and wrongful death litigation. With a client base that encompasses New York state as well as New Jersey and around the country, she places a particular emphasis on victims of lead poisoning and medical malpractice. Ms. Kull is part of a group of attorneys who are representing people in and around Flint, Michigan, who contracted lead poisoning due to drinking or bathing in contaminated water from the Flint River.Fluent in Russian as well as English, Ms. Kull attended the State University of New York at Stony Brook, where she majored in English and obtained a Bachelor of Arts in 2007. She then decided to pursue a legal education and enrolled at the Touro College Jacob D. Fuchsberg Law Center. While she was there, Ms. Kull received numerous CALI Awards for Academic Excellence, including in evidence, legal process and civil externship. She also served several legal internships, and she was a pro bono volunteer in the 9th Ward of New Orleans, where she helped prepare pretrial materials for a lawsuit on behalf of the Alliance for Affordable Energy against a large energy service provider.After being awarded her Juris Doctor in 2010, Ms. Kull was a judicial fellow for the Supreme Court of the State of New Yorks Appellate Division 2nd Judicial Department in Brooklyn before entering private practice. Admitted to practice in New York and New Jersey and before the U.S. District Court for the Eastern District of New York, she joined Levy Konigsberg LLP in December 2016.
Theodore J. Caldwell, Jr.
Attorney Theodore J. Caldwell, Jr. focuses his practice on helping those who have been severely injured in cases involving medical malpractice, unsafe products, construction accidents, trucking accidents, and other complex matters involving serious or catastrophic injuries. Mr. Caldwell has tried or resolved dozens of medical malpractice cases, including cases of delayed diagnosis, missed diagnosis, birth injuries, surgical errors, improper surgery, and improper treatment in many areas of medicine. He takes a particular interest in advocating for children who have sustained severe injuries, and has represented children in many cases of obstetrical or neonatal negligence. He has also represented children who suffered horrifying abuse at the hands of adults. A member of the Pennsylvania law firm Young Ricchiuti Caldwell & Heller, LLC, he serves clients in Philadelphia and the surrounding counties of Chester, Delaware, Lancaster, Lehigh, and Montgomery.Mr. Caldwell earned a bachelors degree in political science from Miami University in Oxford, Ohio. While holding down a full-time job as a paralegal, he attended law school at Temple University School of Law, receiving magna cum laude honors and several academic awards.Admitted to the practice of law in Pennsylvania, Mr. Caldwell has represented clients in state courts throughout much of the state. He has argued cases in the Pennsylvania Supreme Court, Superior Court and Commonwealth Court. He has also taken on cases in the U.S. District Courts for the Eastern District and Western District of Pennsylvania. He has represented clients ,pro hac vice, in major cases in New Jersey, Kansas, and North Carolina.Mr. Caldwell is involved in a number of professional organizations, including the American Board of Trial Advocates; the Philadelphia, Pennsylvania, and American Bar Associations; the Philadelphia Trial Lawyers Association, the American Association for Justice and the Pennsylvania Association for Justice. He is A/V rated by Martindale-Hubbell. He is a member of the National Association of Distinguished Counsel and is also a member of the Million Dollar Advocates Forum. He has been recognized as a Pennsylvania Top Lawyer since 2006. Dedicated to raising the standards of his profession, he has shared his knowledge and expertise through writing and lecturing on topics such as product liability, joint tortfeasor liability, obstetrical malpractice and the statute of limitations.
David B. Dowling
A former assistant district attorney, David B. Dowling is now a personal injury attorney at Cunningham, Chernicoff & Warshawsky, P.C. Experienced in both criminal and civil litigation, he handles cases of insurance bad faith, criminal law, railroad claims, sexual assault, products liability, workplace injury, civil rights, accounting and legal malpractice, medical malpractice, underinsured motorist, premises liability, defective highway actions against PennDOT, liquor liability, pedestrian accidents and automobile and truck accidents. Mr. Dowlings practice is focused in Central Pennsylvania, including Lancaster, York, Lebanon and Harrisburg.A member of the Million Dollar Advocates Forum, Mr. Dowling has also represented clients in California, New Jersey, Maryland, Florida, Michigan and Kentucky. He is admitted to practice before the Supreme Court of Pennsylvania, the United States Supreme Court, the United States Court of Appeals for the 3rd Circuit, the United States District Court for the Middle District of Pennsylvania and in the state courts of Pennsylvania.Mr. Dowling is a member of the Pennsylvania Trial Lawyers Association, the Pennsylvania Association for Justice, the American Association for Justice, the Pennsylvania Bar Association and the Dauphin County Bar Association, and he is a lecturer for the Pennsylvania Bar Institute. A former adjunct professor for The Pennsylvania State University Dickinson Law, he has published works in the Michigan Law Review, the Central Penn Business Journal and the Pennsylvania Law Weekly.In 1974, Mr. Dowling earned a Bachelor of Arts from Lycoming College before obtaining his Juris Doctor from The Pennsylvania State University Dickinson Law. In the areas of personal injury and auto accidents and medical malpractice law, he was selected for inclusion in Select Lawyers list in 2016.
As senior counsel and founder of the Law Offices of Gerald L. Marcus, Gerald L. Marcus represents clients in Los Angeles, California, who have been injured. He focuses on personal injury cases that involve car accidents, workplace injuries, drunk driving, boating accidents, truck accidents, bus accidents, motorcycle accidents, pedestrian accidents, bicycle accidents, scooters, skateboards, nursing home injuries, train accidents and premises liability involving slip and fall or trip and fall accidents.After earning an undergraduate degree at California State University, Northridge, Mr. Marcus then went to Southern California Institute of Law, Santa Barbara & Ventura this was a 4 year night program that mr. marcus attended while working full - time as a neglgience investigator for one of th largest personal injury law firms in the San Fernando Valley. This experience provided him with an understanding of personal injury cases and fueled his desire to become an advocate for those victims. Mr. Marcus remained in this position while pursuing his law degree, and despite his full-time employment, he managed to graduate early.In his career spanning over 30 years, Mr. Marcus has succeeded in collecting over $150 million in settlements, verdicts, and awards and has helped approximated 14,000 clients. He works hard to protect the interests of each of his clients and to make sure that they receive the legal compensation to which they are entitled to by law. Mr. Marcus is dedicated to providing every client, regardless of the size of his or her case, with the representation they deserve. He is a member of The State Bar of California, the San Fernando Valley Bar Association and the Los Angeles County Bar Association. Mr. Marcus stays active in the legal community as well with memberships in the Consumer Attorneys Association of Los Angeles, the Consumer Attorneys of California and the American Association for Justice. Mr. Marcus is also a Honorary board of Governors member, a Board of directors memeber, and an Executive committee member currently acting as 2018 President Elect, and 2019 President of the Los angeles, trial Laywers charities (LATLC).
Mark E. Torian
Mark Torian represents plaintiffs and defendants in business litigation disputes heard in state and federal courts and arbitration proceedings. His experience includes cases involving breach of fiduciary duty, fraudulent or negligent misrepresentation, misappropriation of trade secrets, securities violations, civil theft, shareholder derivative rights, partnership break-ups, and oil and gas disputes. Mark also defends claims for personal injury or wrongful death, as well as represents individuals and entities in state and federal white-collar criminal investigations conducted by the Texas Department of Insurance, Internal Revenue Service, Securities and Exchange Commission, and U.S. Department of Justice.
Attorney Benjamin Ostrer is the founder and senior partner of Ostrer & Associates, P.C. located in Chester, New York. Nationally recognized as one of the countrys preeminent trial advocates, Mr. Ostrer represents the rights and interests of those throughout the Hudson Valley who face serious criminal charges, such as DUI, homicide, white collar crimes, sexual crimes, and other felony and misdemeanor offenses, as well as those who suffered an injury or loss caused by someone elses negligence or wrongdoing.Over the course of his more than 41 years of practicing law, Mr. Ostrer has achieved considerable success advocating on behalf of his clients in state, federal and appellate courts throughout his region. A recognized authority on DNA forensic evidence, Mr. Ostrer has helped secure not guilty verdicts for the accused along with helping to overturn numerous convictions on appeal. Through his civil litigation practice, he has been just as effective, obtaining many favorable verdicts and settlements for his plaintiff clients.As a result of his success, Mr. Ostrer has received many awards and honors from his peers as well as numerous positive reviews and testimonials from his satisfied clients. He holds an AV Preeminent peer review rating from Martindale-Hubbell, and he has earned Superb client ratings on Avvo. In addition, the New York State Bar Association bestowed him with the Charles F. Crimi Memorial Award in 2016 for his outstanding legal abilities and success as a criminal defense attorney.Devoted to helping those who may not have the means to afford quality legal counsel, Mr. Ostrer has selflessly volunteered his time and legal services to many across his community. He currently serves as director of the Legal Aid Society of Orange County, and he has been a member of the New York State Bar Associations Empire State Counsel since 2008. Moreover, the organization awarded his efforts by naming him the 2017 Pro Bono Volunteer of the Year.A 1973 graduate of Alfred University, Mr. Ostrer obtained his Juris Doctor from New York Law School in 1977. He has served as president and vice president of the New York State Association of Criminal Defense Lawyers, and he is an active member of the National Association of Criminal Defense Lawyers, the American Bar Association and the New York State Bar Association, among his other professional affiliations.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.
John Yannone is a member of Price Benowitz LLP, with offices located in Baltimore, Rockville and Ellicott City, Maryland. Focusing his practice exclusively on litigation, he represents clients throughout Maryland and ,Washington, DC,, who have been injured as a result of the negligent acts or omissions of others in matters involving medical malpractice, ,car accidents,, defective products and workplace accidents. Mr. Yannone has successfully litigated hundreds of cases in state and federal courts and has obtained millions of dollars through verdicts and settlements for his clients during his career.A cum laude graduate of Loyola University, Mr. Yannone attended the University of Baltimore School of Law and graduated with a Juris Doctor in 1987. Admitted to practice in ,Maryland, and in the District of Columbia, he is also admitted to practice before the U.S. District Court for the District of Maryland, the U.S. Court of Appeals for the 4th Circuit, and the United States District Court for the District of Columbia.Mr. Yannone firmly believes in vigorously pursuing his clients rights in the courtroom if a proposed settlement will not fully compensate them for the damages that they have incurred, and this attitude has not gone unnoticed. As a measure of the high regard in which he is held by his peers and clients, he has received a 10.0 Superb rating from Avvo, the online legal directory and forum. As a result of his successful track record and standing, Mr. Yannone is honored to be a member of The National Trial Lawyers: Top 100, an invitation-only organization composed of the premier civil and criminal trial lawyers in each state who meet superior and stringent leadership, reputation, influence and stature qualifications and requirements.
110 N. Washington Street, Suite 301,, Rockville MD 20850
Jacqueline Chada Nuckels
An attorney at Jacobs Injury Law, S.C. Jacqueline Chada Nuckels handles personal injury and nursing home abuse and neglect cases for clients across the state of Wisconsin. Jackie is committed to protecting the rights of those who have been injured in truck wrecks, workplace incidents, premises accidents, and automobile collisions. From the beginning until the end, Jackie is passionately involved in each of her cases, as she believes injured clients deserve personal attention from their lawyer.A graduate of Marquette University Law School, Jackie earned a Juris Doctor and was admitted to practice in the state of Wisconsin in 2004.She is currently a member of the State Bar of Wisconsin, the Wisconsin Association for Justice, and the American Association for Justice. She chairs the annual Car Crash Symposium for the State Bar of Wisconsin and serves as the Chair of the Womens Caucus of the Wisconsin Association for Justice. Her Superbrating from Avvo and her inclusion in the Best Lawyers in America reflect the respect she has earned from her peers and her clients over her 14 years in practice.As a dedicated member of her community, Jackie serves as a volunteer attorney for the Marquette Volunteer Legal Clinic and a board member of the Little Lambs Christian Learning Center.Jackie started her career defending insurance companies against claims by the injured, but her passion for helping individuals caused her to switch her focus. With a deep understanding of both sides of personal injury law, she is highly qualified and trained in how to successfully seek compensation for her clients.
OVER $55 MILLION COLLECTED!!!,I currently own and operate my law practice, with offices in Athens, GA and Macon, GA. I have a trial practice,exclusively representing victims who have suffered injuries or death as a result of the carelessness of others. I focus on a low volume of high quality injury cases, allowing me to provide personalized service to each client. When you hire my firm, you get a highly educated and skilled trial team. Mr. Adam Collins is a trial attorney with three degrees from UGA a B.A. in Political Science, a Masters in Public Administration, and a J.D. from UGA Law School. Mrs. Lauren Crane is our trial paralegal who has two degrees from UGA a B.A. in International Affairs and a B.A. in Journalism.