In this article, I will address your right to make decisions for yourself and your case, even if your attorney disagrees. FOUR DEFENDANTS, TWO ACCIDENTS, ONE CASE We explained to him that we did not believe she was responsible, but as long as the other defendants were pointing the finger at her, it was important to have her as part of the lawsuit, and her insurance company would hire a lawyer to defend her. Peter Bostwick had advanced rheumatoid arthritis when he was T-boned by a car pulling out of a driveway.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
- Brian L. Thompson
- Randy L. Gori
- Kenneth T. Lumb
- Craig W. Carlson
- John H. Harman
- James A. Swartz
- Roger J. Brunelle
- Adam L. Rothenberg
- Robert C. Hilliard
- Ryan Zehl
- Bruce A. Ashworth
- Spencer S. Beckman
Brian L. Thompson
Brian L. Thompson has been an attorney at Morgan & Morgan since January 2012. Based in the firms office in Tampa, Florida, he focuses his practice primarily on personal injury and wrongful death litigation, and his experience encompasses workers compensation matters as well. Mr. Thompson has been admitted to practice before all Florida state courts since 1987, and he is also admitted to practice in Mississippi and Pennsylvania, and before the U.S. Court of Appeals for the 5th Circuit.The majority of Mr. Thompsons personal injury cases since joining Morgan & Morgan have involved nursing home abuse and neglect, and he represents residents who have been the victims of such behavior, as well as their family members. Nursing home abuse can come in several forms. Physical abuse can include battery, overmedication, unwanted sexual contact and force feeding. Mental abuse often involves verbal threats, degradation and emotional manipulation. Nursing home neglect can take the form of the failure to provide medical treatment, unsanitary conditions and the failure to assist with a residents personal hygiene requirements. Many residents are reluctant to tell anyone that they are being neglected or abused, and thus it is often up to their loved ones to notice the signs.Many of these cases are settled privately in favor of the plaintiff. However, when necessary, Mr. Thompson has taken these matters to court, and he has been able to obtain significant recoveries for his clients. His fellow professionals have taken note of his successful track record and have awarded him an AV Preeminent peer review rating through Martindale-Hubbell. Mr. Thompson received his Juris Doctor with honors from Loyola University Chicago School of Law in 1987.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
Randy L. Gori
As a partner at Gori Julian & Associates, P.C. Randy L. Gori represents clients across the country, including those in Edwardsville, Illinois. He commits his practice to handling personal injury cases that involve asbestos exposure, including mesothelioma.Mr. Gori earned a Bachelor of Arts from Saint Louis University in 1995, before going on to receive a Juris Doctor from the Saint Louis University School of Law in 1998.Passionate about helping others, Mr. Gori has dedicated his career to representing people who have suffered wrongdoing. He understands the sensitive nature of mesothelioma cases, knowing how one persons illness can have a devastating effect on an entire family. Keeping that in mind, Mr. Gori is tenacious in his fight to secure maximum compensation for victims of negligence.As a testament to his exceptional success, Mr. Gori has earned membership in the Million Dollar Advocates Forum and the Multi-Million Dollar Advocates Forum; he holds an Avvo Superb rating; he was listed in The National Trial Lawyers: Top 100; and the American Society of Legal Advocates has named him in its Top 100 Litigation Lawyers list.A frequent guest speaker on asbestos litigation, Mr. Gori is a member of The Bar Association of Metropolitan St. Louis, the St. Clair County Bar Association, the Illinois Trial Lawyers Association, the Missouri Association of Trial Attorneys, the American Bar Association, the National Asbestos/Mesothelioma Trial Lawyers Association and the American Association for Justice. He is admitted to practice before the U.S. District Court for the Southern District of Illinois, the U.S. District Court for the Northern District of Illinois, the U.S. District Court for the Eastern District of Missouri and the U.S. District Court for the Western District of Missouri.
Kenneth T. Lumb
Attorney Kenneth T. Lumb is the managing partner of the Corboy & Demetrio law firm in Chicago, Illinois. Nationally recognized as one of the top trial advocates in the country, Mr. Lumb represents the rights of clients throughout the greater Chicago metro region and surrounding areas. He passionately serves those who suffered an injury or loss as the result of medical malpractice, construction accidents, defective products, pharmaceuticals errors and dangerous mediations, motor vehicle accidents, unsafe property conditions, and more. He is also highly experienced in handling railroad negligence and FELA claims.Handling all types of personal injury and wrongful death claims, Mr. Lumb has achieved considerable success advocating on behalf of those suffering through the reckless, negligent and unlawful actions of others. Among his most notable successes, he helped secure a verdict of over $11 million for the family of a child who experienced severe brain damage at birth as well as a $10.5 million award for a womans estate — this woman passed away from complications associated with the improper anesthesia she received during hip surgery.Moreover, Mr. Lumb has recovered many awards and settlements well in excess of a million dollars, and in 2005, the Law Bulletin Publishing Company named him as one of the 40 Attorneys Under Forty to Watch. Mr. Lumb also holds an AV Preeminent peer review rating from Martindale-Hubbell, and he has received designation from The Best Lawyers in America for Plaintiff Medical Malpractice.In addition, the Leading Lawyers Network voted him among the Top 5% of all attorneys in Illinois, and Lawdragon named him as one of the 500 Leading Lawyers in America. Mr. Lumb also received the Lawyers Who Care About Military Families Award in 2011 from the Illinois State Bar Association.His devotion to military service members and their families comes largely from his own significant military experience. Mr. Lumb served in the U.S. Armys Judge Advocate Generals Corps, including four years of service as Medical Claims Judge Advocate with the Walter Reed Army Medical Center. He also supported the Enduring Freedom operation and was granted the Meritorious Service Medal. Additionally, he has served as a Special Assistant United States Attorney, and currently, he is a retired major in the U.S. Army Reserve.A 1988 graduate of the University of Notre Dame, Mr. Lumb obtained his Juris Doctor from DePaul University College of Law in 1991. He holds his license to practice before all Illinois state courts, as well as before the U.S. District Court for Northern District of Illinois, the U.S. Court of Appeals for the 7th Circuit and the U.S. Army Court of Military Review.A leader in his field, Mr. Lumb is active with several local, state and national legal organizations, including The Chicago Bar Association, the American Bar Association and the Illinois State Bar Association. He also chairs the American Association for Justices Federal Torts and Military Advocacy Section, and he is a member of the Medical Negligence Committee of the Illinois Trial Lawyers Association.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.
33 North Dearborn Street, 21st Floor,, Chicago IL 60602
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.
John H. Harman
Handling matters of business law, real estate law, personal injury and medical malpractice, John H. Harman is a valuable partner of Coggins, Harman & Hewitt. He represents the people of the Washington, D.C. metropolitan area in matters of white collar crimes, financial crimes defense, estate planning, trusts, wills, certification and antitrust law, real property law, partnership and limited liability company law, bankruptcy, and creditors rights.A graduate of North Carolina State University, Mr. Harman obtained a Bachelor of Science with a major in engineering in 1966. He then attended the American University Washington College of Law and graduated with a Juris Doctor in 1970. While in law school, he was a member of the American University Law Reviews editorial board.Mr. Harman is admitted to practice in the District of Columbia and Maryland, and before the United States Supreme Court, the United States District Court for the District of Maryland, the United States Court of Appeals for the 4th Circuit, the United States Patent and Trademark Office, and the United States District Court for the District of Columbia. With a general law practice, he is experienced and qualified in almost all areas of the legal arena.A former member of the Montgomery County Alumni Senate, Mr. Harman is currently a member of the Maryland State Bar Association Bankruptcy Section, the District of Columbia Bar, the American Bar Association, the American Bankruptcy Institute, the National Association of Bankruptcy Trustees, the American Association for Justice and the Bar Association of Montgomery County, Maryland.
20 Courthouse Square, Suite 217,, Rockville MD 20850
James A. Swartz
As the Principal and Managing attorney at Swartz & Swartz, P.C. James Swartz has built a reputation as one of the nations most respected trial attorneys for personal injury cases. Serving Massachusetts as well as the New England states and nationwide, Mr. Swartz is committed to consumer advocacy. His dedication and experience have resulted in numerous million-dollar and multimillion-dollar successes for his clients. Mr. Swartz focuses his practice on negligence, torts, products liability, medical malpractice, wrongful death and catastrophic injuries.Mr. Swartz graduated cum laude from Tufts University in Massachusetts in 1987, where he received his Bachelor of Arts. He went on to earn his Juris Doctor at Georgetown University Law Center in Washington, D.C. in 1990. During his time at Georgetown, he was executive editor of The Tax Lawyer from 1989 to 1990. He is admitted to practice law in Massachusetts, as well as before the U.S. District Court for the District of Massachusetts and the U.S. Court of Appeals for the First Circuit.As a member of the American Association for Justice since 2008, Mr. Swartz was selected as one of the top 100 trial lawyers in Massachusetts. Additionally, his peers have given him the highest possible rating of AV-Preeminent from Martindale-Hubbell.Demonstrating an extensive knowledge and passion for consumer rights, Mr. Swartz has spoken to consumer groups, school communities and educational programs for attorneys regarding product liability law and consumer safety, as well as authoring and co-authoring several articles and book chapters on these subjects. His active memberships include the Massachusetts Bar Association, the American Bar Association, the Public Justice Foundation and the Massachusetts Academy of Trial Attorneys.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.
Roger J. Brunelle
Since 1976, Roger J. Brunelle, a partner at Sbrogna, Brunelle & Donius, LLP, has been zealously advocating on behalf of his clients in Worcester, Massachusetts. He also accepts cases throughout Worcester County as well as throughout the state. He focuses his practice on plaintiffs personal injury and medical malpractice matters, and he works hard to secure settlements and verdicts on behalf of his injured clients. Mr. Brunelle graduated summa cum laude with his Bachelor of Arts from Assumption College in 1973. He then went on to attend Boston College Law School, where he received his Juris Doctor magna cum laude in 1976. He is licensed to practice law before all of the state courts of Massachusetts, the U.S. District Court for the District of Massachusetts, the U.S. Bankruptcy Court and the U.S. Court of Appeals for the 1st Circuit. Throughout his years of practice, Mr. Brunelle has been repeatedly recognized by his fellow professionals for his legal skill and ethics. He has received an AV Preeminent peer-review rating through Martindale-Hubbell, which is the highest possible honor available through that system. He has additionally been listed in Best Lawyers in America based on the recommendations of his peers. , The quality of Mr. Brunelles long work is evidenced by his annual participation in Harvard Law Schools Trial Advocacy Workshop. He is an active member of the Worcester County and Massachusetts bar associations and the Massachusetts Bar Foundation, serving on and chairing many of the committees affiliated with those organizations. Committed to his community, he has also served as Paxtons town moderator and as a trustee of the Richards Memorial Library, the Finance Committee and the Local Historic District Commission in Paxton. 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. The Best Lawyers in America® 2010. Copyright 2009 by Woodward/White, Inc. Aiken, SC
Adam L. Rothenberg
Attorney Adam L. Rothenberg is a partner at Levinson Axelrod, P.A. in Edison, New Jersey. Mr. Rothenberg devotes his practice to personal injury litigation and serves a diverse range of clients throughout New Jersey. He handles complex cases involving products liability, nursing home abuse, malpractice and other catastrophes caused by negligence.Mr. Rothenberg has been licensed to practice law since 1993 and is admitted before New Jersey state, appellate and federal courts. He graduated with honors from the University of Washington, earning a bachelors degree. Following undergraduate school, he was employed in the human resources management field and later graduated cum laude from Seton Hall University School of Law. He is certified in civil trial law from the New Jersey State Bar Association.Over the course of his career, Mr. Rothenberg has established himself as an active member of the New Jersey legal community and is involved with several professional legal organizations. He is a member of the Middlesex County Bar Association and the New Jersey State Bar Association, serving as chairman of the associations products liability and toxic tort section.Mr. Rothenberg also belongs to litigation-related organizations. He is a member of the International Academy of Trial Lawyers and the Middlesex County Trial Lawyers Association, in which he previously served as the organizations president.Mr. Rothenberg has been recognized for his accomplishments in the legal profession. He received the civil practice attorney of the yearaward from the Middlesex County Bar Association in 2010. He also gives back to his community by volunteering his time for organizations, including serving on the Board of CASA of Union County
Robert C. Hilliard
Garnering national acclaim for his work on many high-profile cases, attorney Robert C. Hilliard has achieved unprecedented success advocating on behalf of those suffering as the result of someone elses negligent, careless or unlawful actions.The founding partner of Hilliard Martinez Gonzales L.L.P. in Corpus Christi, Texas, Mr. Hilliard represents clients throughout the state and across the country in a wide range of mass torts, personal injury and wrongful death claims as well as business and commercial litigation. He currently serves as co-lead counsel in the multidistrict General Motors ignition switch class action, regarded as one of the largest product liability suits in American history.A lawyer for more than 35 years and holding dual certifications in personal injury trial law and civil trial law from the Texas Board of Legal Specialization, Mr. Hilliard possesses extensive knowledge and insight into many areas of the law, and he frequently serves as a leading legal analyst for numerous national and international print and televised news outlets.A 1980 summa cum laude graduate of St. Edwards University, Mr. Hilliard began his legal career after obtaining his Juris Doctor from St. Marys University School of Law in 1983 and his license to practice from the State Bar of Texas that same year. Truly a national lawyer, Mr. Hilliard also practices before federal courts throughout the country, including the U.S. Supreme Court, and he is also licensed to practice in the District of Columbia.Recognized as one of the nations top attorneys, Mr. Hilliard served as chairman for the National Ethics Committee from 1992-1995, and in 2016, he received the Distinguished Alumni award from St. Edwards University. The subject of numerous features and cover stories for a variety of legal publications, Mr. Hilliard has earned a reputation as a bulldog for his aggressive trial tactics and unrelenting pursuit of justice.
Ryan Zehl is the founder of Zehl & Associates and a nationally recognized trial lawyer whos recovered billions of dollars and the largest verdicts and settlements in history on behalf of clients injured in catastrophic truck, motor-vehicle, offshore, and plant and refinery accidents. In the past year alone, for example, Mr. Zehl recovered a $23.5 million settlement for a client injured in a head-on collision with a commercial truck and a $100 million settlement for workers injured in a catastrophic refinery explosion. Both settlements are the largest in the defendants corporate histories. The success that Ryan and his firm have achieved for their clients has distinguished Ryan as one of the Top 100 Trial Lawyers in Texas and resulted in him being named a Top Lawyer every year since 2008. Ryan is also a member of both the Multi-Million Dollar Advocates Forum and the Million Dollar Advocates Forum, organizations that limit membership to the top 1% of trial lawyers in the country.Mr. Zehl has been interviewed by media outlets across the world, including Good Morning America, the International Herald, the Wall Street Journal, CBS Nightly News, Fox & Friends, the Washington Post, the New York Times, and a number of others.Before founding Zehl & Associates, Mr. Zehl worked as a Briefing Attorney for the Texas Supreme Court and as a trial and appellate lawyer at one of the largest law firms in the country.
Bruce A. Ashworth
Based in Arlington, Texas, Bruce A. Ashworth is the founder of his own firm. Certified as a specialist in criminal law by the Texas Board of Legal Specialization, he focuses his practice almost exclusively on that area. With a client base residing throughout Tarrant County, Mr. Ashworth provides dedicated representation to people who are facing misdemeanor or felony charges that they have been handed by the state or federal government. The types of cases that he has been involved in have included driving under the influence of alcohol or drugs, sexual assault, child pornography possession or distribution, online solicitation, drug possession and trafficking, theft, embezzlement, fraud, and other white collar crimes, weapons violations and domestic violence.Mr. Ashworths experience has not gone unnoticed by his colleagues, who have given him an AV Preeminent peer review rating through Martindale-Hubbell and an Excellent peer review rating through Avvo.Mr. Ashworth is admitted to practice before all Texas state courts. He is also admitted to practice before the U.S. District Courts for the Northern and Eastern Districts of Texas and the U.S. Court of Appeals for the 5th Circuit. An active participant in several professional organizations, Mr. Ashworths memberships include the Texas Criminal Defense Lawyers Association, the National Association of Criminal Defense Lawyers and the Tarrant County Bar Association. He holds a Juris Doctor from the Thurgood Marshall School of Law, Texas Southern University.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.
Spencer S. Beckman
Attorney Spencer S. Beckman is a co-founder of and partner in the law firm of Beckman Schmalzle Georgelas & Ross, PLC, located in Leesburg, Virginia. Since the establishment of the firm, Mr. Beckman has used his years of experience to assist clients from throughout northern Virginia who face legal challenges in the following areas:,• Family law,• Criminal law,• Juvenile law,Mr. Beckman began his legal career in 2008 after earning his law degree from the University of South Carolina School of Law and his admission to the South Carolina Bar. After law school, he took a job with the Richland County Public Defenders Office, where he remained until moving to Virginia in 2010. After his admission to the Virginia State Bar, he joined a well-known, full-service law firm, where he gained experience in a variety of civil and criminal matters.Over the course of Mr. Beckmans nearly 10-year legal career, he has earned a reputation as a knowledgeable, honest and ethical legal professional. He has a Very Good rating from Avvo, and The National Trial Lawyers selected him for inclusion among the Top 40 under 40 in both 2014 and 2015. In addition, the American Institute of Criminal Law Attorneys included him on its list of the 10 Best for client satisfaction.When Mr. Beckman is not in the courtroom or at the negotiating table, he can often be found at a legal or community function. He is a member of multiple associations, including the Loudoun County Bar Association, the American Bar Association and the Loudoun County Chamber of Commerce.