The counselors (of course) came with us on our adventures. For example, the “standard of care” for a bus driver may be higher than that applied to a person driving her own private car, and what is reasonable for an adult is different than what is reasonable for a child. Even if you were riding in someone else’s car when you were hurt, if that person doesn’t have PIP coverage, your PIP will cover you. Stay calm and make sure everyone is okay, but don’t accept liability for the accident at the scene.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
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Top Lawyers Pick
- Natalie Brown
- James F. Ludlow
- Stephen L. Williams
- John H. Bredell
- Frederick J. Goetz
- Craig W. Carlson
- William O. Crutchlow
- John F. Ayers, III
- Richard S. Humphrey
- Nicanor (Nick) Pesina, Jr.
- W. Jesse Forbes
- Brian Worstell
Attorney Natalie Brown is of Counsel with Franklin D. Azar & Associates, a personal injury law firm whith several offices throughout Colorado. A highly rated trial attorney with more than 32 years of legal experience, Ms. Brown focuses her practice on catastrophic personal injury claims. As she once observed, if it explodes, catches fire, emits toxic gas or causes chemical burns, it ends up on my desk. Ms. Brown has also represented people in cases involving bad faith insurance practices, car crashes, negligent highway design and cases involving defective products.A native of Montana, Ms. Brown attended the University of Montana, graduating in 1982. She then attended the University of Denver Sturm College of Law, where she obtained her Juris Doctor in 1986. She was admitted to practice that same year in all state and federal courts in Colorado.Throughout the course of her career, Ms. Brown has achieved notable success advocating on behalf of those who suffered an injury or loss as the result of another partys negligence or wrongdoing, netting tens of millions of dollars for her clients. She is active in her legal community having served in leadership roles in the Colorado Trial Lawyers Association, as co-chair for the Colorado Civil Access Pilot Projects Medical Malpractice Committee and on the faculty at the National Institute for Trial Advocacy.Her success as a trial attorney has led to awards and honors including membership as a fellow of the American College of Trial Lawyers and the American Board of Trial Advocates. Both of these organizations accept members by invitation only and are reserved for only the top lawyers in the nation.In addition, Law Week Colorado named Ms. Brown as an Editors Choice Best Trial Lawyer in 2010, and The Best Lawyers in America voted her Lawyer of the Year for Colorado in 2012 for plaintiffs medical malpractice. Regarded as one of the top 100 lawyers in Colorado, she also received the Colorado Trial Lawyers Association Case of the Year award in 2001.Best Lawyers® and The Best Lawyers in America© are registered trademarks of BL Rankings, LLC d/b/a Best Lawyers and Co. LLC. The names, logo, and database are protected under the trademark, copyright, and fair use laws of the United States of America. Any use of name, including in electronic form, must be made only by permission and under the guidelines of BL Rankings, LLC d/b/a Best Lawyers and Co. LLC.
James F. Ludlow
James Ludlow brings over 25 years experience of exclusively representing injured people or the families of those wrongfully killed. With more than two decades of experience in handling injury claims, James Ludlow understands the serious injuries that can result from accidents, and how specific injuries may affect his clients over their lifetime. With this knowledge, he makes sure that the liability insurance company of the person who caused the accident, and if necessary any jury that may hear the case, understands the nature of the injury and its long-term consequences so that his clients receive the compensation they rightfully deserve.
Stephen L. Williams
Attorney Stephen L. Williams of Williams Law Firm in Terre Haute, Indiana, has several years of experience representing injured people and small businesses throughout western Indiana and eastern Illinois. Mr. Williams works on both individual and class action matters involving construction accidents, medical malpractice, motor vehicle accidents, railroad accidents, trucking accidents, wrongful death and other catastrophic injuries.After earning a bachelors degree from Indiana State University, Mr. Williams graduated from Indiana University Bloomington Maurer School of Law. He is certified as a civil trial advocate by the National Board of Trial Advocacy and has been licensed to practice law since 1974.Mr. Williams and his team of attorneys are dedicated to helping their clients receive compensation and recovery for their losses and injuries caused by individuals, businesses or insurance companies. He has extensive litigation experience and has fought on behalf of his clients in both state and federal court.Because of his dedication to the legal field, M. Williams has received recognition for his work, including being named Indiana Trial Lawyer of the Year by the Indiana Trial Lawyers Association in 1989 and 2001. He has also been featured in the publication The Best Lawyers in Americaeach year since 1995.Mr. Williams work on behalf of clients and involvement in many significant cases has also earned him membership in the Million Dollar Advocates Forum, a group of attorneys who have recovered verdicts or settlements in excess of $1 million for their clients. He is also a member of several professional organizations including the Indiana State Bar Association, the American Association for Justice and the American College of Trial Lawyers.
John H. Bredell
John Bredell has extensive experience and expertise in representing injured individuals in all types of serious personal injury claims, including wrongful death and catastrophic injury. John and his wife and partner, Lynn Marie Bredell, have been practicing law for more than 25 years and founded Bredell & Bredell in 1991. Legal services are provided with the highest care and concern for clients, and actions are pursued aggressively and competently, with excellent results. John was admitted to the Michigan State Bar in 1984. He was awarded the 2006 Outstanding Attorney Award by the Washtenaw Trial Lawyers Association, holds an AV rating from Martindale-Hubbell, and is a member of both the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum.
Frederick J. Goetz
Frederick J. Goetz is an attorney at Goetz & Eckland P.A. in Minneapolis, Minnesota. Mr. Goetz has more than two decades of experience in areas of law including appellate advocacy, business litigation, civil rights, construction, criminal defense, day care defense, insurance defense, personal injury and product advocacy.After earning a bachelors degree from Carleton College, Mr. Goetz attained his law degree from Mitchell Hamline School of Law. He has been admitted to practice in the state of Minnesota since 1987 and has been involved with a great deal of significant cases during his legal career.Throughout his career, Mr. Goetz has served in many roles for a variety of professional and legal organizations. He is a member of the Hennepin County Bar Association, the Minnesota State Bar Association, the Minnesota Association of Criminal Defense Lawyers and the Minnesota Trial Lawyers Association. He also belongs to the American Association for Justice, the American Board of Trial Advocates, is a member of the Douglas K. Amdahl American Inn of Court and has served on the board of stewards and the board of deacons for Plymouth Congregational Church in Minneapolis.For his dedication to the legal profession, Mr. Goetz has received numerous accolades. He was named one of the Best Attorneys Onlinein the area of construction law in 2014 and one of the Best Recommended Insurance Attorneysin 2015 by A.M. Best. He also holds the rating of AV Preeminent, the highest possible, from the attorney peer review group Martindale-Hubbell.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.
Banks Building, 615 First Avenue NE, Suite 425,, Minneapolis MN 55413
Craig W. Carlson
As a partner at The Carlson Law Firm, Craig W. Carlson brings decades of experience fighting for his clients in cases involving personal injury, medical malpractice, military law, product liability and mass torts in the Killeen, Texas, area. His time in the military has given him a working knowledge of military law, but he is also adept in handling civilian trials throughout the state. He has experience with mass torts and medical malpractice cases across the country.Mr. Carlson received his bachelors degree from the University of Nebraska-Lincoln in 1986. He went on to earn his Juris Doctor from the Nebraska College of Law in 1989. The same year, he became licensed to practice law in Nebraska. He enlisted in the United States Army JAG Corps, serving as a claims officer, prosecutor, and trial defense officer from 1989 to 1994, and shortly after, he became licensed to practice law in Texas. Mr. Carlson is admitted to practice before the United States Court of Appeals for the Armed Forces and the United States Court of Appeals for the 5th Circuit.Widely recognized by his peers, Mr. Carlson has earned an AV Preeminent rating through Martindale-Hubbell. He additionally holds a Superb rating from his peers through Avvo. Having represented clients in cases resulting in substantial settlements and awards, Mr. Carlson is a member of both the Million Dollar Advocates Forum and the Multi-Million Dollar Advocates Forum.In order to continually improve his practice, Mr. Carlson participates as a member of multiple legal organizations, including the Texas Trial Lawyers Association, the American Association for Justice, and the American, Bell County and Fort Hood bar associations. He is additionally a member of the Christian Legal Society, the Association of Plaintiff Interstate Trucking Lawyers of America, L.L.C. and the Association of the United States Army.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.
William O. Crutchlow
As one of the founding members of the Eichen Crutchlow Zaslow & McElroy, LLP, law firm in Edison, New Jersey, attorney William O. Crutchlow focuses his practice exclusively on medical malpractice, products liability and serious personal injury claims. Serving clients throughout New Jersey, he uses his 24 years of legal experience to advocate strongly on behalf of those who suffered an injury due to another partys negligence or wrongdoing.Certified as a civil trial attorney by the Supreme Court of New Jersey, Mr. Crutchlow has recovered substantial settlements and awards for his clients, earning him a membership to the Million Dollar Advocates Forum.After graduating from Colgate University in 1990, Mr. Crutchlow attended Seton Hall University School of Law, obtaining his Juris Doctor in 1993. That same year, the New Jersey State Bar Association admitted him to practice. In addition to practicing before all New Jersey state courts, he is admitted to practice before the U.S. District Court for the District of New Jersey and the U.S. Court of Appeals for the Third Circuit.Fully committed to his practice, he is active in several professional legal organizations, including the American Association for Justice and the New Jersey Association for Justice, and he serves as trustee for the Trial Attorneys of New Jersey. Well-versed in his practice area, he has delivered lectures before various legal associations, educating other trial attorneys on trial advocacy and other related topics.In recognition for his service and professionalism, Mr. Crutchlow has received numerous awards and honors. The National Association of Distinguished Counsel named him as one of the nations top attorneys, and the American Institute of Personal Injury Attorneys named him as one of New Jerseys 10 best personal injury lawyers. He also holds a10 out of 10 Superb rating from AVVO.
John F. Ayers, III
Attorney John F. Ayers III is a partner at Ayers, Whitlow & Dressler. Mr. Ayers has many years of experience representing clients throughout the Charlotte area in workers compensation law.Admitted to practice law in North Carolina since 1986, Mr. Ayers graduated from the University of North Carolina at Chapel Hill with a degree in political science and later earned his law degree from Campbell University School of Law. He is also licensed to appear before the U.S. District Court for the Western District of North Carolina and the U.S. Court of Appeals for the 4th Circuit.Before attending law school, Mr. Ayers was employed as a fire tech for a fire alarm company, encouraging him to focus his practice on personal injury law. Throughout his career, he has argued various cases in front the North Carolina Industrial Commission.Mr. Ayers work on behalf of injured clients has been recognized by North Carolina Lawyers Weekly magazine. In 2006, he was named one of the Top Lawyers in the Statein the area of workers compensation by the publication.Active in both professional organizations and a variety of volunteer activities, Mr. Ayers is a member of the Mecklenburg County Bar, the fraternity Chi Phi and the workers compensation section of the North Carolina Advocates for Justice. He also previously provided pro bono legal services to a nonprofit counseling center and continues to provide pro bono legal services to his local church.
301 South McDowell Street, Suite 410,, Charlotte NC 28204
Richard S. Humphrey
Having built a reputation as the DUI champion of Rhode Island, Richard S. Humphrey offers dedicated drunk driving and criminal defense to people throughout the state. As the founding member of the Law Offices of Richard S. Humphrey, he counsels clients on their rights and options and helps them navigate the justice system.Mr. Humphrey earned a Bachelor of Arts from Connecticut College before going on to attend the University of New Hampshire School of Law. From there, he received a Juris Doctor.Having more than 30 years of legal experience, Mr. Humphrey provides quality representation to clients in criminal and civil litigation issues. Understanding the impact that a DUI conviction can have on peoples driving privileges, pocketbooks and freedom, as well as on their reputations and careers, he strives to protect the interests of other legal professionals and motorists who have been arrested for drunk driving. Willing to take each case where it needs to go in order to achieve the best possible outcome on his clients behalf, Mr. Humphrey served as counsel on the only DUI case to be heard by the Supreme Court of Rhode Island.An active member of the legal community, Mr. Humphrey is a fellow in the Rhode Island Bar Foundation and a member of the Rhode Island Bar Association. He is admitted to practice law in the states of Rhode Island, Massachusetts and Maine, as well as before the U.S. District Court for the District of Rhode Island, the U.S. District Court for the District of Massachusetts, the U.S. District Court for the District of Maine and the Supreme Court of the United States.
Nicanor (Nick) Pesina, Jr.
Nicanor (Nick) Pesina Jr. a Tyler lawyer, brings a diverse professional and educational background to Roberts & Roberts. Nick always had an interest in public service and worked at the city, state, and federal levels of government prior to becoming a lawyer. After graduate school, he joined the Texas Senate Committee on International Relations & Trade chaired by State Senator Eddie Lucio, Jr. as a Senior Policy Analyst/Committee Clerk. With several years experience in the political environment and the policy-making process, Nick decided to attend law school. During law school, Nick clerked in a variety of different legal areas including: criminal defense, the Office of Speaker Joe Straus at the Texas House of Representatives, and the Office of General Counsel at the Texas Health & Human Services Commission.Nick received both his Bachelors in Political Science/Spanish (B.A.) along with a Masters in Public Administration (M.P.A.) from Stephen F. Austin State University in Nacogdoches. He went on to receive his Doctorate of Jurisprudence (J.D.) from The University of Texas School of Law in Austin, where he was inducted into its prestigious Order of the Barristers and was recognized with a Pro Bono Service Award in 2012. Nick is licensed to practice law in Texas and has been admitted to practice before the U.S. District Court in the Eastern District of Texas.
W. Jesse Forbes
An attorney at Forbes Law Offices, W. Jesse Forbes divides his practice primarily between criminal defense matters, and personal injury and wrongful death litigation. Based in Charleston, West Virginia, his background also encompasses consumer protection issues, including his work on a 2012 case involving unfair trade practices by a credit card issuer that resulted in an $18 million settlement for cardholders throughout the state who had seen their accounts wrongly charged. Admitted to practice in West Virginia, Mr. Forbes is also admitted to practice before the U.S. District Court for the Southern District of West Virginia.In his criminal defense practice, Mr. Forbes represents clients who have been charged with the commission of misdemeanor or felony offenses. His experience in this regard has covered white collar crimes, driving under the influence of alcohol, drug possession and trafficking, assault, murder, and burglary. Mr. Forbes also assists people throughout the state who have been harmed by the negligence of other parties in incidents arising out of motor vehicle accidents and medical malpractice. His successful track record throughout his career have earned him the respect of his colleagues, as evidenced by his receipt of a 10.0 Superb peer review rating through Avvo and a Distinguished peer review rating through Martindale-Hubbell. Mr. Forbes has also been named to The National Trial Lawyers: Top 40 Under 40.Mr. Forbes is a graduate of West Virginia University, where he majored in journalism and received a Bachelor of Science in 2002. His legal education came at Wake Forest University School of Law, and he was awarded his Juris Doctor in 2005. After graduation, he clerked for a judge on West Virginias 5th Judicial Circuit before entering private practice. Mr. Forbes is active in several professional and community 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.
Attorney Brian Worstell of Philips Branch & Hodges in Columbus, Georgia, primarily practices in the area of personal injury law. Mr. Worstell represents clients in both Georgia and Alabama and has experience in matters involving car, motorcycle, tractor-trailer, and other types of automobile collisions. Mr. Worstell also represents clients in matters relating to defamation and privacy, false arrest and imprisonment, medical malpractice, premises liability, slip and fall, and wrongful death.After graduating cum laude from Milligan College in Johnson City, Tennessee with a degree in Business Administration, Mr. Worstell earned his law degree from Mercer University School of Law. For the 2007 and 2008 academic years at Mercer, he was recognized academically as a member of the law schools Deans List.While attending law school, Mr. Worstell gained valuable legal experience through work with the Houston County Public Defenders Office. He also served with the law schools Student Volunteer Legal Aid Association, working with groups such as Georgia Appleseed Center for Law & Justice, Georgia Legal Services Program, the Houston County Public Defenders Office and Justice for People with Mental Illness. During this third year of law school, Mr. Worstell clerked with the major felonies division of the Macon, Georgia, based Office of the Circuit Public Defender, and then joined the law firm of Philips Branch & Hodges after graduation. Mr. Worstell has been admitted to practice in the state of Georgia since 2008, and the state of Alabama since 2009.Outside of his law practice, Mr. Worstell is an active member of various organizations. Mr. Worstell is an avid tennis player and serves as legal counsel to the Columbus Regional Tennis Association (CORTA) in Columbus, Georgia. Additionally, Mr. Worstell belongs to several local and regional professional groups including the Columbus Bar Association, the Georgia Trial Lawyers Association, and the Columbus Bar Associations young lawyers division. He also belongs to the American Association for Justice.
105 13th Street, Suite B, PO Box 2808,, Columbus GA 31902