Some people are worried about using their PIP coverage because they don’t want to make a claim on their own insurance. They took my advice, and for a few extra dollars each month, they protected themselves. In fact, it could hurt you if witnesses testify at trial that you were jumping around or were being aggressive at the scene of the wreck. Brian Santorini came to see me for a consultation following a collision in an unrestricted intersection.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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The 17c formula was pre-Daubert and the witness should never be allowed to testify about the formula or the final figure it spits out. Below is a list of other types of injuries we have handled, but it is by no means exhaustive: Closed head injuries Paralysis claims Concussions Crush injuries Amputations Avulsion fractures Penetration wounds Significant Burns Blunt trauma Injuries caused by chemical burns Scarring and keloid scarring Carpal tunnel Rotator cuff injuries Collapsed lungs Fractured hips Torn ACL and MCL injuries and non-motor vehicle injuries, including: Rapes and sexual assaults Shootings Stabbings Dog bites Chemical burns Other burn injuries Carpal tunnel And over the years, we have handled many death claims that have been caused by car wrecks, on the job injuries, or due to inadequate security at commercial establishments.Read More
Top Lawyers Pick
- Donn A. Swift
- Steven C. Ruth
- Scott M. Fischer
- Steven M. Weisbaum
- Phillip A. Tatlow
- Amy Collignon Gunn
- Joseph Bimonte
- Justin C. Olsinski
- Craig W. Carlson
- Robert E. Savage
- Josh Christian
- James R. Jansen
Donn A. Swift
Donn A. Swift first joined the firm in 1982 and has spent his entire legal career with Lynch, Traub, Keefe and Errante, P.C. He practices in the field of civil litigation and has tried cases in almost every court in the state. Donns area of practice includes the full scope of personal injury practice, including motor vehicle, premises liability and products liability. In recent years, in addition to resolving many cases through settlement, Donn has tried cases that include soft tissue injuries from a motor vehicle accident, premises liability cases involving serious personal injuries and wrongful death matters. Donn has advised clients on matters involving thousands as well as millions of dollars.In 1978, Donn and his wife Nancy left Assumption College in Worcester, Massachusetts, and moved to San Francisco where Donn attended the University of San Francisco School of Law. Donn graduated magna cum laude in 1981 and returned home to Connecticut with Nancy and daughters Jennifer and Elizabeth, who were born in San Francisco. After starting with Lynch, Traub, Keefe & Errante in 1982, his son Daniel was born the following year. Donn is now the proud grandfather of two grandsons, Cullen and Eli.Donn learned the practice of law from the firms Founding Partner William Lynch, as well as Steve Traub, the Chairman of the Civil Litigation Department at the firm. In addition to being trained in the law, Bill and Steve also instilled in Donn the qualities of hard work and integrity. If you are seeking an attorney who can advise you on your rights and fully represent your interests, either through settlement or trial, then Donn is the person whom you should call.Donns professional experience includes not only an active trial practice, but also service to the community and the courts. In addition to lecturing at various seminars to other attorneys on numerous topics relating to civil litigation, Donn has also served as a Special Master in the Federal Court and an Attorney Trial Referee/Arbitrator in the Connecticut Superior Court system. A variety of parties have also called on Donn to either arbitrate or mediate matters involving litigation.Donn has been a Board Certified Civil Trial Specialist since 1991 and has also participated in writing the exam for other attorneys to become board certified. In addition to being a member of the Connecticut Bar Association, Donn is an Associate of the American Board of Trial Advocates, first receiving this honor in 1993.Many cases are resolved through a settlement before trial is reached. The most effective resolutions occur in cases that have been properly prepared and the clients properly advised. Donns years of experience allow him to do both so that your interests are fully protected.
Steven C. Ruth
With more than 35 years of experience representing injured clients, managing trial attorney Steven C. Ruth has assisted thousands of families and helped them successfully obtain compensation for injuries or wrongful death due to the negligent conduct of individuals, corporations and other parties. He has conducted jury trials involving auto, truck, car and motorcycle accidents, as well as defective products, nursing home neglect, elder abuse and medical malpractice. His law firm, The Ruth Law Team, serves clients throughout both Florida and Minnesota.A graduate of Dickinson College and Stetson University College of Law, Mr. Ruth is licensed to practice law in Florida and Minnesota and admitted to practice in the Federal Middle and Southern Districts of Florida, the Federal 11th Circuit Court of Appeals, the Supreme Court and the United States Court of Federal Claims.Mr. Ruth is rated AV Preeminent by Martindale-Hubbell for his legal skills and ethics. He is also a member of the Multi-Million Dollar Advocates Forum, the Florida Justice Association and the American Association for Justice. In addition, he was named one of the Top Trial Lawyers in America.AV Preeminent and BV Distinguished are registered certification marks of Reed Elsevier Properties Inc. used 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 confidential opinions of members of the bar and the judiciary. Martindale-Hubbell ratings fall into two categories: legal ability and general ethical standards.
Scott M. Fischer
Scott M. Fischers more than 10 years of legal experience have evolved from representing clients as a defense lawyer and as a plaintiffs attorney in South Florida. Before representing the rights of injured persons in personal injury cases, attorney Fischer defended clients accused of malpractice, negligence and abuse. Knowing the law from both perspectives and the strategies employed by his opponents has helped Fischer become an accomplished and well-regarded personal injury attorney.As a senior associate at the Palm Beach Gardens practice of Gordon & Doner, P.A. Fischer advocates for and protects the rights of injured persons seeking fair compensation in Palm Beach County and the surrounding area. Through his compassionate and personalized service, he helps find opportunities for positive outcomes for victims of nursing home abuse and neglect, motor vehicle accidents, medical malpractice, premises liability and products liability.Fischer knew he always wanted to help people in need seek the compensation they deserve after being injured because of the negligence of others. He received both his bachelors degree and his Juris Doctor from the University of Florida.
Steven M. Weisbaum
The owner of his own law firm located in Rockville, Maryland, Steven M. Weisbaum focuses his practice on family law matters and personal injury and wrongful death litigation experience. Highly regarded by his fellow professionals for the quality of his work, Mr. Weisbaum has been selected for inclusion in The Best Lawyers in America, and he has received a Superb peer review rating through Avvo.In his family law practice, Mr. Weisbaum provides advice and counsel to people who are facing the end of their marriage and who are thus having to deal with issues related to child custody and visitation, spousal and child support, and the division of assets and debts. Because of his significant experience in mediation and collaborative divorce as well as settlement agreement negotiations, he will sometimes help his clients reach an accord on these matters through the use of those alternative dispute resolution methods instead of going through what can be an expensive and lengthy courtroom battle. In addition to his matrimonial practice, Mr. Weisbaums family law experience has included the preparation and review of separation and prenuptial agreements. His personal injury and wrongful death cases have included motor vehicle accidents and premises liability, and in 2012, he received the Trial Lawyer of the Year Award from the Maryland Association for Justice for his successful work on behalf of a client who was injured in a slip and fall on the premises of her apartment complex.Majoring in chemistry, Mr. Weisbaum attended Hobart and William Smith Colleges and received a Bachelor of Science in 1986. His legal education came at Boston University School of Law, and he was awarded his Juris Doctor in 1991. Mr. Weisbaum is admitted to practice in Maryland and the District of Columbia.
Phillip A. Tatlow
A partner at Bollwerk & Tatlow, LLC, Phillip A. Tatlow has developed a well-deserved reputation among his fellow attorneys as a premier civil litigator. He has received an AV Preeminent peer review rating through Martindale-Hubbell and a 10.0 Superb peer review rating through Avvo, and he has been named to The National Trial Lawyers: Top 100 and the Americas Top 100 High Stakes Litigators for Missouri. Based in St. Louis, Missouri, Mr. Tatlow is admitted to practice in Missouri, Illinois and Wisconsin, and he is also admitted to practice before the U.S. District Court for the Eastern District of Missouri and the U.S. Court of Appeals for the 8th Circuit.Mr. Tatlow focuses a portion of his practice on personal injury litigation, representing clients who have been harmed by the negligence of other parties in cases arising out of motor vehicle and trucking crashes, nursing home abuse, premises liability and workers compensation and ERISA litigation. He has been able to obtain numerous sizable jury awards and has negotiated numberous settlements throughout his career. This has resulted in his membership in the Million Dollar and the Multi-Million Dollar Advocates Forum and the Americas Top 100 High Stakes Litigators. Mr. Tatlow also assists people who have been injured on the job and who are trying to obtain their rightful compensation under their employers workers compensation insurance coverage.Another part of Mr. Tatlows caseload involves the representation of employees and their family members who are members of group insurance plans governed by the Employee Retirement Income Security Act of 1974. The types of these ERISA plans have included life insurance, accidental death and long-term disability, and he has successfully handled lawsuits against many of the countrys largest insurance companies that have delayed or denied his clients claims, including Cigna Insurance Company (also called Life Insurance Company of North America), Liberty Mutual Insurance Company, Lincoln Life Insurance Company, Aetna, Prudential Insurance, Prudential Financial and The Hartford Financial Services Group, Inc. In addition to his courtroom successes in this part of his practice, Mr. Tatlow has also received many favorable results through arbitration and mediation.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.
Amy Collignon Gunn
Amy Collignon Gunn is an attorney at ,The Simon Law Firm, P.C., in St. Louis, Missouri. Ms. Gunn devotes her practice to personal injury, handling many types of personal injury matters involving ,dangerous drugs,, ,defective products,, medical devices and ,medical negligence,. She serves clients in St. Louis, Kansas City and Missouri statewide.Ms. Gunn received a bachelors degree from Transylvania University and earned her law degree from Saint Louis University School of Law, graduating cum laude. She is admitted in Missouri and Illinois as well as before the U.S. District Courts for the Central and Southern Districts of Illinois, the U.S. District Court for the Eastern District of Missouri and the U.S. Court of Appeals for the 8th Circuit. She has been licensed to practice in 1996.In addition to her practice, Ms. Gunn regularly lectures to other attorneys on various legal topics. She also serves as an adjunct professor of law at Washington University School of Law and is a member of the executive committee of the Missouri Association of Trial Attorneys.Her accomplishments have earned Ms. Gunn a rating of AV Preeminent by the peer review organization Martindale-Hubbell. She has been featured in the publication The Best Lawyers in Americaand received numerous awards from organizations, including the American Association for Justice and the American Bar Foundation.Ms. Gunn was inducted into the American College of Trial Lawyers in 2019.Ms. Gunn is a member of several professional organizations, including the Bar Association of Metropolitan St. Louis, The Missouri Bar, the Illinois State Bar Association and the Missouri Association of Trial Attorneys. She has also served in leadership roles with the Women Lawyers Association of Greater St. Louis.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.
Joseph Bimonte is an attorney with Curcio Mirzaian Sirot LLC, which has law offices in Roseland, New Jersey, and New York City. Licensed to practice in both states, Mr. Bimonte represents the needs and interests of those throughout the region who face legal challenges involving any of the following:,Business and commercial litigation,Community association law,Employment law,Personal injury,Real estate litigation,Estate litigation,A 2009 graduate of Rutgers University - Newark, Mr. Bimonte attended Western Michigan University Cooley Law School, where he obtained his Juris Doctor cum laude in 2012. The New Jersey State Bar Association admitted him to practice that same year, and the New York State Bar Association admitted him in 2015.Over the course of his career, Mr. Bimonte has served numerous residential homeowners and commercial real estate clients with their legal issues involving foreclosure, real estate litigation, landlord-tenant disputes, contract rights and other related matters. In addition, he has handled hundreds of cases involving New Jersey Consumer Fraud Act violations, New Jersey Fair Foreclosure Act violations and Truth in Lending Act violations, as well as grievances involving the Real Estate Settlement Procedures Act.Highly active in his legal community, Mr. Bimonte is a member of the New Jersey State Bar Association, the New York State Bar Association, the American Bar Association, the National Association of Consumer Advocates, the Bergen County Bar Association and the Essex County Bar Association. Recognized for his impeccable professionalism and exceptional legal abilities, he has earned several awards and honors, including being named a 2018 Top Lawyer in Morris and Essex counties by Morris/Essex Health & Life magazine.
Justin C. Olsinski
A partner at the Olsinski Law Firm, Justin C. Olsinski has developed a well-earned reputation as a leading criminal defense attorney. From the firms offices in Charlotte and Concord, North Carolina, he provides dedicated representation to clients throughout the area who have been charged by the state with misdemeanor or felony offenses. Mr. Olsinski places a particular emphasis on defending people who are facing charges of driving under the influence of drugs or alcohol, and he has been successful on many occasions in challenging the initial traffic stops themselves as being made without the required reasonable suspicion. In other cases, he has mounted challenges to the administration of breath or blood tests.Other matters that Mr. Olsinski has handled on behalf of his defense clients have included drug possession and distribution, disorderly conduct, robbery, assault and sexual abuse. His successful track record in all of these endeavors as well as his ethical approach to his cases have earned him the recognition of his colleagues, as evidenced by his receipt of a 10.0 Superb peer review rating through Avvo. In addition, Mr. Olsinski has been named to both The National Trial Lawyers: Top 40 Under 40 and The National Trial Lawyers: Top 100.Majoring in criminal justice and history, Mr. Olsinski attended Indiana University Bloomington as an undergraduate, and he received a Bachelor of Arts in 2005. Determined to become an attorney, he then enrolled at the Hofstra University Maurice A. Deane School of Law, and he was awarded his Juris Doctor in 2009. Admitted to practice before all North Carolina state courts, he founded his firm in 2010, and his professional memberships include the North Carolina Advocates for Justice.
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.
Robert E. Savage
Serving clients in Providence and throughout Rhode Island, Robert E. Savage focuses his practice on employment law and discrimination cases. He is a partner at Savage & Savage, bringing more than 27 years of experience to the firm.Suffering discrimination or other wrongdoing in the workplace could upend someones life, both financially and emotionally. Mr. Savage understands how devastating it is for people to feel unsafe or uncomfortable on the job. He consistently helps people recover compensation and hold employers accountable for their actions.Often, Mr. Savage is able to negotiate a settlement on behalf of a client. This is optimal in terms of preserving a clients time and resources. However, when necessary, he moves to litigation. Mr. Savage is admitted to practice before the U.S. Tax Court, the U.S. Court of Appeals for the 1st Circuit and the U.S. District Court for the District of Rhode Island.Active with the legal community, Mr. Savage is a member of the Rhode Island Bar Association. That group is a valuable source of information regarding current trends and connects him to other professionals who play a key role in a clients case. Combining his resources with his knowledge of the law, Mr. Savage successfully illustrates the ways in which companies or their employees have violated the law and how the incident has affected his client.In 1983, Mr. Savage graduated with a Bachelor of Arts and a Bachelor of Science in business administration from the University of Rhode Island. He then received a Juris Doctor from the American University Washington College of Law in 1990. He also holds a masters in public administration from the University of Rhode Island.
Serving residents throughout the entire state of South Carolina, Josh Christian offers his clients experience and knowledge in cases pertaining to personal injury and workers compensation. He received his Doctor of Jurisprudence from Cumberland University School of Law at Samford University. Mr. Christian also has experience in cases of medical negligence, trucking accidents, litigation and motor vehicle accidents. His experience benefits his clients and his goal is to seek justice on their behalf and preserve their rights.Mr. Christian is also recognized amongst his peers for his success, which includes the honor of being named a Top 40 Lawyer Under 40 in South Carolina. He is a member of the American Association for Justice, the South Carolina Association for Justice, Greenville County Bar Association and the American Bar Association, among various other memberships. He has been a lecturer for the National Business Institute Seminar on the subject of workers compensation. Mr. Christians bar admissions include South Carolina, U.S. District Court District of South Carolina, U.S. Court of Appeals 4th Circuit and U.S. federal courts.Josh Christian is actively involved in his community and has given his time in service as a youth leader with a local church, a member of National Citizens Coalition for Nursing Home Reform. His dedication to justice and improvement in his community is mirrored in his commitment to justice for his clients. Mr. Christian is young, professional and committed to the best possible outcome for his clients in South Carolina.
James R. Jansen
Jim Jansen joined the firms Madison office while a student at the University of Wisconsin Law School in 1981 and has been handling personal injury cases of all types throughout his career. He has represented clients in cases arising from motor vehicle accidents, product defects, medical negligence, construction accidents and pharmacy errors. He has been the Madison office manager for many years.Jim has tried cases in many of Wisconsins courts. He has been recognized as a Civil Trial Specialist by the National Board of Trial Advocacy since 1991. He was invited to membership in the American Board of Trial Advocates in 2000 and served as the Wisconsins Chapters President in 2016. He was inducted as a Fellow of the The American College of Trial Lawyers in 2003. Jim has been listed as a Best Lawyer in America for over 20 years, including the most recent edition in 2018 for personal injury litigation. In 2012 and 2015,Best Lawyers®, in America honored Jim as Madisons Personal Injury Lawyer of the Year. He has been a Wisconsin Top Lawyer since 2005 and was named to Top Lawyers list of the Top 25 attorneys in Madison in both 2016 and 2017 as well as Top 50 Wisconsin Top Lawyers in 2016.Jim served nine years as a member of the Office of Lawyer Regulations District Nine Investigative Committee and seven years as a Member of the Board of Governors of the Wisconsin Injured Patients and Families Compensation Fund.Jim and his wife Betsy grew up in Milwaukee and moved to Madison for Jim to attend Law School. They have lived in Madison ever since. Betsy has recently retired from teaching and they have both enjoyed the transition to being grandparents. They enjoy traveling and being outdoors whenever possible.