In this article, I’ll tackle that question and try to provide an overview of the typical personal injury claim. Share it with your friends and relatives. In my experience with whiplash-type injuries, two different treatment routes can be chosen. If you’re not sure what to do, call a personal injury lawyer for help. In an earlier article, I discussed uninsured/underinsured motorist coverage and personal injury protection coverage.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
- Craig W. Carlson
- Thomas K. Herren
- Ashley E. Rather
- Shanda M. Yates
- Matin Emouna
- Larry E. Cook
- Emily Kitch
- Juan J. Dominguez
- Danny V. Butler
- Muhammad S. Aziz
- Thomas W. Pirtle
- Andre Dayani
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.
Thomas K. Herren
Attorney Thomas K. Herren, of the Lexington, Kentucky-based Law Offices of Herren & Adams LLP, has a practice focusing on personal injury law. Mr. Herren represents clients throughout the state of Kentucky who are victims of car wrecks, nursing home abuse and neglect, trucking accidents and other types of tragedies. He and the firm also handle medical malpractice matters through referrals from other attorneys.After earning a bachelors degree from the University of Kentucky, Mr. Herren graduated from the University of Kentucky College of Law and later received a certification in civil trial law from the National Board of Trial Advocacy in 1994. He has been admitted to practice law in Kentucky since 1980.Over the course of his career, Mr. Herren has been involved in several significant injury cases that have resulted in million- and multimillion-dollar verdicts. In addition, he has presented at seminars for the Kentucky Justice Association.Mr. Herren has received recognition for his contributions to the legal profession, including being named a fellow in the American College of Trial Lawyers. In addition, he has been a member of the board of governors of the Kentucky Academy of Trial Lawyers for many years.Mr. Herren is a member of professional organizations including the Fayette County Bar Association, the Kentucky Bar Association, the Kentucky Justice Association and the American Association for Justice. He serves his community as a Little League baseball coach, serves as a board member for Metro Group Homes, Inc. and is on the administrative board of Southern Hills United Methodist Church.
Ashley E. Rather
An attorney at Walsh & Gaertner, P.A. located in St. Paul, Minnesota, Ashley E. Rathers approach to her clients is one marked by compassion and openness. Focusing her practice exclusively on personal injury litigation, she provides representation to plaintiffs throughout the Twin Cities metropolitan area who have been harmed by the negligence of others in cases involving motor vehicle accidents, premises liability, dog bites and wrongful death. Ms. Rather has a keen understanding of the devastation people face when they are the victims of such traumatic events.Ms. Rather pursued her undergraduate studies at the University of Wisconsin - Madison and received a Bachelor of Science in 2005. After graduating, she then went on to attend Mitchell Hamline School of Law and was awarded a Juris Doctor. In addition to being admitted to practice before all of the state courts of Minnesota, Ms. Rather is also admitted to practice before the U.S. District Court for the District of Minnesota.Ms. Rather is known for her diligence when she works with her clients. She prides herself in maintaining excellent communication with them, quickly returning calls and helping people to feel more secure as their cases proceed. She works closely with her clients from the time they first meet, staying with them every step of the way until the conclusion of their cases. Her hard work has led her to achieve multiple successes in the obtaining of favorable verdicts and settlements. Dedicated to improving her legal practice even more, Ms. Rather regularly attends legal education courses so that she can stay abreast of current developments in her practice area.
Shanda M. Yates
Shanda M. Yates is an attorney with Burns & Associates, PLLC, who handles premises liability litigation for clients in Mississippi. Her practice also includes offshore and maritime accidents, car and truck wrecks, premises liability claims such as negligent security or slip-and-fall accidents, and workers compensation claims. For over five years, she has been named as a Leader in Law by the Mississippi Business Journal and a Top 10 Personal Injury Attorney Under 40 by the National Academy of Personal Injury Attorneys.With over a decade of experience, Ms. Yates is admitted to practice in Mississippi and before the United States Court of Appeals for the 5th Circuit, the United States District Court for the Southern District of Mississippi and the United States District Court for the Northern District of Mississippi. A published author, she has also taught classes for the National Business Institute and a joint seminar for the Mississippi Defense Lawyers Association.An honors graduate of The University of Southern Mississippi, Ms. Yates has a Bachelor of Arts in English earned in 2003. In 2007 she graduated cum laude as a deans list scholar from Mississippi College School of Law with a Juris Doctor. She was also a comment and case note editor of the Law Review for the Mississippi College School of Law during her time in school.For her high ethical standards and long list of successful results, she holds the highest peer rating possible of AV Preeminent from Martindale-Hubbell. In both federal and states courts, Ms. Yates is well-versed in removal jurisdiction and federal practice and procedure. 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 Matin Emouna is a co-founder and partner with the Emouna & Mikhail, P.C. a law firm in Mineola, New York. At the firm, Mr. Emouna offers aggressive and professional representation in several different practice areas in order to meet the needs of a diverse range of clients. Using his more than 22 years of legal experience, Mr. Emouna delivers the high-quality, effective assistance and support his clients need when facing legal challenges involving any of the following practice areas:,· Criminal defense for both state and federal offenses,· Personal injury and medical malpractice,· Complex civil litigation,· Business law and commercial litigation,· Mortgage fraud defense,· Real estate transactions and litigation,· Landlord-tenant disputes,· Estate planning and litigation as well as probate and estate administration,After receiving his Bachelor of Science from the State University of New York at Albany in 1990, Mr. Emouna attended Benjamin N. Cardozo School of Law, obtaining his Juris Doctor in 1993. In addition, he also studied extensively in both Spain and France, focusing on international law and human rights as well as French and Spanish.Licensed to practice in New York, New Jersey and Connecticut, Mr. Emouna is also admitted to practice before the U.S. District Courts for the Southern and Eastern Districts of New York, the U.S. Court of Appeals for the Armed Forces and the U.S. Court of International Trade.A consummate professional, Mr. Emouna remains active in several professional legal organizations, including the Nassau County Bar Association, the National Association of Criminal Defense Lawyers and The American Society of International Law, among others. He currently serves on the board of directors for The Nassau Lawyers Association of Long Island.
Larry E. Cook
A partner at Casper Meadows Schwartz & Cook, located in Walnut Creek, California, Larry E. Cook focuses his practice on complex personal injury and wrongful death litigation. Representing clients throughout the East Bay area, he assists people who have been harmed by the negligent acts or omissions of others in cases involving medical malpractice, motor vehicle accidents, defective products, airplane crashes, construction accidents and elder abuse.In 1980, Mr. Cook received a Bachelor of Science from the University of California, Berkeley. He then pursued his legal studies at John F. Kennedy University College of Law in Walnut Creek and graduated with his Juris Doctor in 1985. Mr. Cook is admitted to practice in California, as well as before the U.S. District Court for the Northern District of California and the U.S. Court of Appeals for the 9th Circuit.Throughout his career, Mr. Cook has been able to obtain numerous significant settlements and jury awards on behalf of his clients. His successful track record and high degree of ethics have not gone unnoticed by his fellow professionals and have led to his receipt of an AV Preeminent peer review rating through Martindale-Hubbell and an Excellent peer review rating through Avvo. A former president and member of the board of directors of the Contra Costa County Bar Association, Mr. Cook remains active in that organization, as well as in the American Association for Justice, the Alameda-Contra Costa Trial Lawyers Association and Consumer Attorneys of California. He is also a former member of the board of directors of Bay Area Legal Aid, a nonprofit organization that provides access to legal advocacy for impoverished Bay Area residents.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.
2121 North California Boulevard, Suite 1020,, Walnut Creek CA 94596
Emily Kitch has dedicated her legal practice to protecting the rights of Oklahomans in oil and gas litigation and personal injury. A veteran of many trials and hundreds of courtroom appearances, Emily understands that victory doesnt happen by accident and because of this, she is a passionate advocate for each and every client she represents.
Juan J. Dominguez
Juan J. Dominguez is a nationally recognized, award-winning, bilingual attorney. He is the founder, CEO and Managing Partner of The Dominguez Firm, a Los Angeles based personal injury, workers compensation and employment law practice with a legal staff of over one-hundred employees. The Dominguez Firm is one of the most successful and well-known injury law firms in Southern California.Mr. Dominguez frequently appears on television and radio informing the public on the law and their rights. Through aggressive representation of injured clients, both in and out of court, The Dominguez Firm has a proud record of recovering over $500 million in verdicts and settlements since 1987.Mr. Dominguezs long and successful career helping the injured has resulted in many honors and awards. In 2011, Consumers Attorneys of California nominated Mr. Dominguez for its Attorney of the Year award. In 2013, the Hispanic National Bar Association honored Mr. Dominguez with distinction by awarding him with its Attorney of the Year award. In 2014, the Mexican-American Bar Association honored Mr. Dominguez with the Special Recognition Award for his outstanding career accomplishments and contributions to the community. In 2015, the Los Angeles Business Journal awarded him the 2015 Latino Business Award for setting an example for excellence. In addition to those, he received official special recognition certificates for his contributions to the community from Los Angeles Mayor, Eric Garcetti; U.S. Congresswoman, Lucille Roybal-Allard; Speaker of the California Assembly, John A. Perez; and California State Senator, Kevin De Leon.In 2016, Los Angeles Magazine named Mr. Dominguez a Top Lawyer for the seventh year and Pasadena Magazine named him a Top Attorney from 2010 through 2016. He is a lifetime member of the exclusive Multi-Million Dollar Advocates Forum and Elite Lawyers of America. Additionally, Mr. Dominguez is a long-time member of several other major national, state and local bar associations, including The National Trial Lawyers Top 100 and The Order of Distinguished Attorneys of the Beverly Hills Bar Association.Juan came to the United States as a 10-year-old, Spanish-speaking immigrant with his parents and five siblings. His parents exemplary work ethic enabled them to overcome grave disadvantages and financial hardships and also provided their children with strong parental role models. All the Dominguez children graduated from college in the United States with Mr. Dominguez earning his Bachelors Degree in 1984 from California State University, Long Beach. He then earned a Juris Doctor from the top-ranked University of California Hastings College of the Law in 1987 and opened his law practice that same year.Before entering law school, Mr. Dominguez worked for several years at the emergency rooms in the major trauma centers at UCLA Medical Center and St. Francis Hospital in Lynwood assisting the seriously injured. There he gained a keen insight into and a deep compassion for the gravely injured. This ingrained compassion for those in need is reflected not only in the thousands of injury cases he has championed, but also in the over 50 charitable causes he supports in the United States and abroad, including charities for scholarships, disadvantaged children, health, the homeless, and others.In regards to the culture that propels the firm, Mr. Dominguez shares, I have three ideals I follow: dignity of the individual, excellence and service. I ask all my colleagues and staff to keep these in mind at all times.
3250 Wilshire Boulevard, Suite 2200,, Los Angeles CA 90010
Danny V. Butler
Danny V. Butler (Dan) is the founder of and principal attorney at Butler Law. With law offices in Myrtle Beach, South Carolina, Dan provides a variety of legal services to people and businesses throughout Horry and Georgetown County, and the coastal areas of the state. In his estate planning practice, Dan regularly prepares and reviews wills, financial and health care powers of attorney, and living, charitable and irrevocable trusts, with a view toward preserving and protecting his clients assets. He also handles estate administration matters, including will contests and other probate issues.Dan has handled personal injury and wrongful death litigation, providing assistance to clients who have suffered economic and noneconomic losses due to the negligence or recklessness of other persons or entities in motorcycle and other motor vehicle accidents. His other trial experience has included breach of contract actions and partner and shareholder disputes. Dan has a business law practice as well. In this regard, he counsels clients who are interested in starting a new venture, including selection of the legal entity that would be most appropriate. Thereafter, Dans office files the requisite paperwork and assists in other required regulatory compliance. Dan also prepares employment agreements, buy-sell and operating agreements and business contracts, among others.As an undergraduate, Dan attended Furman University where he majored in economics and received a Bachelor of Arts, magna cum laude, in 2001. He then attended Wake Forest University School of Law and in 2004, he was awarded his Juris Doctor. Dan also holds a masters of law in taxation from The University of Alabama School of Law. Admitted to practice in South Carolina, Dan is also admitted to practice before the U.S. District Court for the District of South Carolina.
Muhammad S. Aziz
Muhammad S. Aziz has been a Partner at Abraham, Watkins, Nichols, Sorrels, Agosto & Aziz since 2012 and an associate since 2006. His legal practice focuses on a wide range of litigation topics, including: products liability, passenger bus accidents, construction accidents, misappropriation of trade secrets, wrongful imprisonment, and legal recruiting fee disputes. Mo, who is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, is a highly recognized trial attorney and has played a major role in obtaining settlements and verdicts exceeding 200 million dollars. Recently he has expanded his practice to include multi-district litigation, in which he represents clients around the nation in their claims against major corporations.Mo served on the Plaintiffs Steering Committee in the In Re: Hurricane Rita Evacuation Bus Fire, where he played a lead role in the settlement of the Hurricane Rita evacuation bus fire disaster, in which 23 elderly citizens perished. He has also served on the Plaintiffs Steering Committee in the Victoria Bus Litigation, where he represented 37 claimants from a single bus rollover accident near Victoria, Texas. Currently, he serves on the four member Plaintiffs Executive Steering Committee in the West Fertilizer Plant Explosion, which resulted in 15 fatalities, several hundred injuries, and several hundred millions in property damage.Mos diverse caseload enables him to grasp complex legal and factual issues in his cases. This allows him to view cases with a unique perspective and often times discover additional causes of actions not readily identifiable. Mos success has earned him the highest levels of respect with clients and peers in a wide range of fields; in particular, the oil and gas industry, financial service companies, engineering and architectural firms, and the automotive industry. This high level of success in the courtroom and respect garnered outside of it, has led Mo to being selected for inclusion on the Texas Rising Stars list annually since 2008 and most recently selected for inclusion on the Texas Top Lawyers list for 2013 as published by Top Lawyers. He has also been recognized as one of the Top 40 Texas Attorneys Under 40 since 2012 as well as one of the Top 100 Texas Trial Lawyers since 2013 by the National Trial Lawyers Association.Mos success is reflected in his aggressive style in preparing every case. He is known for his unflinching work ethic, regularly working late nights and weekends, to ensure that attention is paid to every detail. Prior to attending the University of Houston Law Center, Mo obtained a Bachelor of Laws from the University of London, England. He worked at Price Waterhouse Coopers as a business assurance auditor for four years.Mo enjoys running and CrossFit workouts.
Thomas W. Pirtle
A highly regarded civil trial attorney, Thomas W. Pirtle is a partner at Laminack, Pirtle & Martines. From the firms offices in Houston, Texas, he provides astute representation to his individual and business clients throughout the greater metropolitan area. Admitted to practice before all Texas state courts since 1991, Mr. Pirtle is also admitted to practice before the U.S. District Courts for the Southern and Eastern Districts of Texas as well as before the United States Court of Federal Claims.A large portion of Mr. Pirtles practice involves personal injury and wrongful death litigation. In this regard, he has a particular focus on defective drugs and medical devices, and he has been able to obtain significant compensation for clients who have been harmed by silicone breast implants and antiobesity treatment medications. In one case that garnered national attention, he and his partners represented a young mother who had developed primary pulmonary hypertension after taking a diet drug. A lawsuit was filed against the manufacturer, and after a month-long trial, the jury rendered a unanimous verdict in favor of the plaintiff that at the time was believed to be the nations largest personal injury award ever received. Mr. Pirtle has also handled mass tort cases, and his civil litigation experience has encompassed a variety of business disputes as well.As an undergraduate, Mr. Pirtle attended Stephen F. Austin State University in Nacogdoches, Texas, and in 1987, he received a Bachelor of Arts with honors and received recognition as that years most outstanding graduate. He then went on to pursue his legal education at what was then known as South Texas College of Law and was awarded his Juris Doctor in 1990. His professional memberships include the Houston Trial Lawyers Association.
I ,started Dayani Law Firm, so that I can focus my energy on best serving my clients. I am determined to find solutions, no matter their issues.I am meticulous, relentless, and thoughtful. I love what I do, and my clients see this passion in the outcomes of their cases.