Of course, she had other providers as well, but the chiropractor provided a constant through all of her treatment. If you use your social media accounts to discuss the incident or to badmouth the other party, this could negatively impact your ability to resolve your claim. Even if you have all the time in the world, you are going up against pros, and it will be difficult and likely stressful to deal with them yourself. It is important to note that in most cases, regardless of what you say and how the examination goes, the doctor will report to the insurance company that no further treatment is warranted.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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Top Lawyers Pick
- Joseph R. Bryant
- Michael C. Helbert
- Christian C. Creed
- David H. Perecman
- Richard D. Winkler
- Tad S. Shapiro
- Michael A. Clemente
- William P. Weichler
- Craig W. Carlson
- Robert Bellin
- Eric J. Haag
- Brian Worstell
Joseph R. Bryant
Joseph R. Bryant is an attorney at the Tampa office of Morgan & Morgan PA. He now focuses his practice exclusively on personal injury and wrongful death litigation, providing representation to clients throughout the metropolitan area. Mr. Bryant has been certified as a specialist in civil trial law by the Board of Legal Specialization and Education of The Florida Bar. He has been admitted to practice before all Florida state courts since 1986, and he is also admitted to practice before the U.S. District Court for the Middle District of Florida and the U.S. Court of Appeals for the 11th Circuit.Born and raised in Tampa, Mr. Bryant provides advice and counsel to people who have incurred economic and noneconomic losses due to the negligence or recklessness of other persons or entities. The types of matters that he has handled have included motor vehicle crashes, premises liability, and railroad accidents, and he has been able to obtain many sizable negotiated settlements and jury verdicts on behalf of his plaintiff clients. Mr. Bryants successful track record and high degree of ethics have led to a great deal of recognition from his fellow professionals, including an AV Preeminent peer review rating through Martindale-Hubbell.Mr. Bryant attended Florida State University in Tallahassee as an undergraduate and received a Bachelor of Science in 1982. He then pursued his legal education at the University of Mississippi School of Law and was awarded his Juris Doctor in 1985. After graduation, Mr. Bryant joined the Florida Office of the Attorney General, where he spent years working on criminal appeals. He then was an attorney with a major insurance company and then was with an insurance defense law firm before becoming a plaintiffs attorney.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.
201 North Franklin Street, 7th Floor,, Tampa FL 33602
Michael C. Helbert
Michael C. Helbert is a member and co-founder of Helbert and Allemang in Emporia, Kansas. Focusing his practice on plaintiffs personal injury litigation, he represents clients throughout the area who have been harmed by the negligence of others in a variety of matters, including automobile accidents, professional malpractice, defective products and wrongful death. Mr. Helbert also handles workers compensation claims for those who have been injured on the job and provides representation in hearings if a claim is disputed or denied.Prior to attending law school, Mr. Helbert obtained his Bachelor of Arts at the University of Kansas, graduating in 1972. He then went on to attend the University of Kansas School of Law, from which he graduated with his Juris Doctor in 1975. Admitted to practice before all of the state courts of Kansas, Mr. Helbert is also admitted to practice before the U.S. District Court for the District of Kansas, the U.S. Court of Appeals for the 10th Circuit and the Supreme Court of the United States. Highly regarded by his peers, he has been listed in Whos Who in American Law and named to The National Trial Lawyers: Top 100. Mr. Helbert is also a member of The International Legal Honor Society of Phi Delta Phi, a legal organization that was founded in 1869 to promote high standards of professional ethics.Dedicated to his community, Mr. Helbert is an active member of the Emporia Unified School District 253s school board. A former president of the Kansas Association for Justice, he is currently an active member of that organization as well as the Kansas Bar Association and the American Association for Justice.
519 Commercial Street, PO Box 921,, Emporia KS 66801
Christian C. Creed
Christian C. Creed is an attorney at Creed Law in Monroe, Louisiana. Mr. Creed practices in a wide variety of areas, including admiralty, banking and finance, collection, family, personal injury, products liability, professional liability, real estate, Social Security Disability, successions and more. He uses this breadth of experience, including several years of experience at both the trial and appellate levels, to serve clients throughout northeast and Central Louisiana.Mr. Creed earned a bachelors degree from Louisiana State University in Baton Rouge, Louisiana, and went on to graduate from Loyola University New Orleans College of Law. While in law school, he was involved with moot court, serving as a moot court board member and on the moot court national team.Licensed to practice law in Louisiana since 1995, Mr. Creed is also admitted before the U.S. District Courts for the Western, Middle and Eastern Districts of Louisiana, the U.S. District Courts for the Northern and Southern Districts of Mississippi and the U.S. Court of Appeals for the 5th Circuit. Over the course of his career, he has been involved in a number of significant cases in the state of Louisiana, including successful appellate cases.An active member of both the Louisiana and national legal community, Mr. Creed is a member of the Alexandria Bar Association, the New Orleans Bar Association, the American Bar Association, the Federal Bar Association, the Louisiana Association for Justice and the American Association for Justice. He also belongs to The International Legal Honor Society of Phi Delta Phi and the National Association of Bond Lawyers, and is a lifetime member of the American Inns of Court.
David H. Perecman
New York attorney David H. Perecman has been a champion of justice for his clients rights in their personal injury cases for over 35 years. As one of the leading personal injury lawyers in New York, Mr. Perecman handles all types of personal injury cases, including construction accidents, premises accidents, automobile accidents and medical malpractice. He has taken dozens of personal injury cases to verdict and settled many more midtrial; among his victories are a $15 mil. $10 Mil. and two $9 million verdicts, all for construction workers. His numerous victories and skills in the appellate courts are also well recognized. He was chosen as counsel by the family of Avonte Oquendo, the autistic child who disappeared from school on Oct. 4, 2013 and was tragically found dead months later. His efforts for the family have brought his words to almost every newspaper and television news outlet in NYC. After the conclusion of that trial, the Perecman Firm created the Avonte Oquendo Memorial Scholarship for Autism in his memory. This scholarship provides financial support for a student living with autism, or whose loved one is living with autism.Mr. Perecman believes that relentless preparation, first-class litigation skills and most of all, earnest PASSION, achieve winning results. He currently serves on the executive committee and the board of directors of the New York State Trial Lawyers Association, a prestigious lawyers association. He has also chaired the Committees Labor Law Committee for many years. He is admitted to New York State Courts, Federal Courts for the Eastern and Southern Districts of New York, and the U.S. Supreme Court.Mr. Perecman specializes in these areas:,-Construction Accidents,-Personal Injury,-Wrongful Death,-Workers Compensation,-Medical Malpractice
Richard D. Winkler
For more than 30 years, Richard D. Winkler has been providing quality representation spanning between both U.S. coasts. After graduating from the State University of New York (SUNY) Cortland in 1978, Mr. Winkler relocated to Los Angeles. He completed his law degree from Southwestern University in 1981. After two years of practicing law on the west coast, Mr. Winkler returned to New York, where he was admitted to the bar in 1983. In 1987, he joined with his brother James and attorney Sanders Kurtz to form his current practice at Winkler, Kurtz & Winkler, LLP.Located in Port Jefferson, Long Island, Mr. Winkler represents clients throughout Suffolk County, New York City and the surrounding areas. He focuses his practice on helping victims of accident injuries resolve their cases and get results. Mr. Winkler is experienced in various areas of personal injury law, including construction accidents, slip-and-fall accidents and motor vehicle accidents. He also has been very successful litigating products liability claims against large corporations, including Goodyear, Nissan, Volkswagen and Firestone.Never one to shy away from a challenge, Mr. Winkler knows what it takes to stand up to insurance companies and large corporations. His passion and dedication for his craft have resulted in recognition by his peers, employees and community. Mr. Winkler has been rated an AV Preeminent attorney by Martindale-Hubbell, a prestigious recognition that illustrates an attorneys high quality and ethical standards.Mr. Winkler is a member of the New York State Bar Association, the State Bar of California and the New York State Trial Lawyers Association. He also serves as a member of the Suffolk County Bar Associations Grievance Committee, which investigates claims of attorney misconduct. Additionally, he serves as a judge for the New York State High School Mock Trial Tournament finals held in Suffolk County.AV Preeminent and BV Distinguished are 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.
Tad S. Shapiro
Attorney Tad Shapiro has been a partner of the law firm of Shapiro, Galvin, Shapiro & Moran since 1982. He handles the majority of the firms personal injury litigation representing plaintiffs in serious injury and death cases arising out of motor vehicle/truck crashes, injuries or death caused by dangerous roadways, hazardous work sites and defective products. Mr. Shapiro is an active member of his community in Santa Rosa, California. He has served on the boards of nonprofit organizations, including the Redwood empire food bank. He has also served as the president of the local chapter of the CAOC, formerly known as the Redwood Empire Trial Lawyers. He was an adjunct professor at Sonoma State University and frequently speaks at continuing education seminars on civil discovery, law and motion practice, trial practice and mediation.In addition to his professional and community affiliations, he was selected as one of the top 500 plaintiff attorneys in the United States by Lawdragon. He was also selected by San Francisco magazine as a Northern California Top Lawyer from 2006-2016. He is a Senior Fellow of the Litigation Counsel of America,an invitation only trial lawyers organization he is a member of the Richard Sangster Inns of Court and was selected as a top 100 trial lawyer since 2014 by the National Trial Lawyers. He is AV rated by Martindale-Hubbell.Mr. Shapiro attended college at UCLA and received his J.D. from the Hastings College of Law in 1980.
640 Third Street, 2nd Floor, PO Box 5589,, Santa Rosa CA 95402
Michael A. Clemente
Michael A. Clemente is a Shareholder at Daly & Clemente, P.C. He graduated from the University of Miami with a Bachelor of Business Administration degree in Legal Studies and Business Management Organizations. He is a graduate of the Villanova University School of Law where he was an Associate Editor of the Sports & Entertainment Law Journal and a founding member of the first International Law Annual.Mr. Clemente is currently admitted to practice before all Pennsylvania and New Jersey state courts, as well as the United States District Court for the Eastern District of Pennsylvania and New Jersey. He concentrates his practice in a wide range of plaintiffs civil litigation matters, including medical negligence, workplace injuries, products liability and automobile accidents. He also represents clients with regard to commercial litigation, small business formation, and estate planning and administration.Mr. Clemente is an active member of the Montgomery County Bar Association, Pennsylvania Bar Association, the Pennsylvania Association for Justice and the New Jersey Association for Justice.
630 Freedom Business Center, 3rd Floor,, King of Prussia PA 19406
William P. Weichler
Practicing law for more than 30 years, William P. Weichler is a partner at Conner Riley Friedman & Weichler. Located in Erie, Pennsylvania, he provides representation to clients throughout the state in a variety of matters. In his personal injury and wrongful death practice, Mr. Weichler assists people who have suffered harm due to the negligence of other parties in cases arising out of medical malpractice, commercial truck and other motor vehicle accidents, defective products, premises liability and mass torts.Mr. Weichler has extensive workers compensation experience as well, helping people who have been injured on the job or who have sustained an occupational illness receive the benefits to which they are entitled under their employers insurance coverage. He handles the preparation and submission of claims and advocates on behalf of his clients if the claims are disputed or denied. In his criminal defense practice, Mr. Weichler represents clients who have been accused of state or federal misdemeanors and felonies. The matters he has handled in this regard have ranged from driving under the influence to drug crimes to vehicular homicide.A member of the Pennsylvania Association of Criminal Defense Lawyers, Mr. Weichler has been an active participant in several other professional organizations throughout his career, including the Erie County Bar Association. He is a former member of the Disciplinary Board of the Supreme Court of Pennsylvania. Mr. Weichler obtained his Juris Doctor from Capital University Law School in Columbus, Ohio, in 1986. Admitted to practice in Pennsylvania, he is also admitted to practice before the U.S. District Court for the Western District of Pennsylvania, the U.S. Court of Appeals for the 3rd, 4th and 11th Circuits, and the Supreme Court of the United States.
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.
Attorney Robert Bellin is a partner at Hammet, Bellin & Oswald, LLC, in Neenah, Wisconsin. Mr. Bellin dedicates his practice to personal injury law, serving clients who have been injured or lost a loved one due to motor vehicle or other types of accidents, dog bites, slip and falls or other catastrophes throughout the Fox Valley in the Appleton, Oshkosh and Neenah metropolitan areas.Licensed to practice law in Wisconsin since 1994, Mr. Bellin also has experience appearing before federal courts. These include the U.S. District Court for the Eastern District of Wisconsin, the U.S. District Court for the Eastern District of Michigan and the U.S. Court of Appeals for the 7th Circuit.Mr. Bellin earned a bachelors degree in business administration and finance from the University of Wisconsin-Madison, graduating with honors as a member of the deans list. He obtained his law degree from the University of Minnesota Law School, graduating magna cum laude.Mr. Bellin has served a number of Wisconsin-based individuals and businesses, and has been recognized for his service in the legal profession. He previously served as a legal analyst for a local television station and was named one of the best lawyers in the Fox Valleyby Fox Cities Magazine.Active in professional organizations, Mr. Bellin is a member of the Outagamie County Bar Association, the Winnebago County Bar Association, the Wisconsin Association of Criminal Defense Lawyers, the Wisconsin Association for Justice and the American Association for Justice. He is also a fellow in the Wisconsin Law Foundation.
Eric J. Haag
Attorney Eric J. Haag practices personal injury law at Atterbury, Kammer & Haag, S.C. in Middleton, Wisconsin. Mr. Haag has more than two decades of experience representing Wisconsin clients who have been injured due to motor vehicle accidents, farm accidents, trucking accidents or other catastrophes caused by negligence. He has also handled matters involving class actions, fire losses, products liability and wrongful death.Mr. Haag is admitted before the U.S. District Court for the Eastern District of Wisconsin, the U.S. District Court for the Western District of Wisconsin and the U.S. Court of Appeals for the 7th Circuit. He has been licensed to practice law in Wisconsin since 1996.After obtaining a bachelors degree in political science from Duke University, Mr. Haag earned his law degree from the University of Wisconsin-Madison. He is a member of the Dane County Bar Association, the State Bar of Wisconsin and the Wisconsin Association for Justice.Mr. Haag has served in additional roles within the legal community, including as part of the class action litigation group for the American Association for Justice and the fall program chair for the Wisconsin Association for Justice from 2003 to 2005. His work in the field of personal injury has earned him inclusion in the Top 40 Under 40and the Top 100lists by the National Trial Lawyers.Mr. Haag is also active in his local community. He serves as a volunteer firefighter for the Middleton Fire District and completed firefighter I and II certifications through the National Fire Protection Association and has contributed his time to coaching youth sports.
8500 Greenway Boulevard, Suite 103, Middleton WI 53562
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