Before you can settle your claim, you need to know what it’s worth. Insurance companies operate in ways that to anyone outside the insurance industry seem mysterious and without reason. In article 1, I mentioned the wilderness camp I attended during my early teenage years. One of my favorite trips was canoeing on the Delaware River. We didn’t realize at the time that our counselors were thinking about where we’d camp each night, what we would do if someone’s gear got wet or lost, how we might handle an emergency illness or injury, and a hundred other questions that never occurred to us as campers.Read More
Product liability Claim
The law constituting product liability determines the people responsible for damaged or defective products that are made available in the market. For instance, a product manufacturer or provider can be held accountable for putting a damaged or defective product in the stream of commerce. Moreover, all the parties that make up the line of distribution can be held accountable for product liability. The product liability law states that products are required to meet reasonable expectations of the consumers. The product does not meet those requirements if it is shown to have some form of damage or defect that violates those expectations.
The important theories regarding product liability: There are three different ways a person can claim product liability. These are as follows:
- Strict liability: This theory suggests that it is not required on the part of the person claiming product liability to show that the manufacturer was negligent in his provision of services. Instead, the claimant is only required to show that the product manufactured was damaged or defective. Furthermore, the person claiming product liability is also required to show that the damaged or defective product has caused them harm.The seller of the product can also be held accountable since they are a key link in the distribution chain as they sell or rent out the particular product on a regular basis.
- Negligence: This theory states that the person claiming product liability needs to show that the manufacturer is indebted by a duty of care to all potential customers. In addition, the person claiming product liability is also required to show that the manufacturer has breached that duty of care. Lastly, it is required to show that there is a direct cause and effect between that breach and the injuries sustained by the person.
- Warranty: This theory provides two different types of warranties. The first is express warranty. Under this type, it is required by the manufacturer to directly state that the product is safe for its purported use. The second type is implied warranty. This states that the safety of the product is implied by the manufacturer.
Additionally, there is the legal principle of “res ipsa loquitur”. In Latin it translates to “the thing speaks for itself”. According to this principle, it is given that the defect in the product would not be possible if it weren’t for someone’s negligence. The person claiming product liability is not required to prove the negligence on the part of the manufacturer as long as he or she is able to successfully use this legal doctrine.
All liability claims are determined by the state laws. There are also commercial decrees in every state that are based on the Uniform Commercial Code. The warranty rules and regulations that affect product liability are contained within these decrees provided by the state laws.
When do I need an attorney?
Claiming product liability can be a complicated matter. A lot of legal expertise is required if you want to claim product liability for defective and damaged products. A legal expert like a personal injury lawyer can help you understand the issues surrounding a product liability claim. You are required to consult the expertise of defective products attorney before filing a claim to thoroughly understand the case better.
what type of injury case you have?
Recent legal blog posts
Choosing the right attorney at the beginning of your case can make things much easier down the road. Although I was representing her for only one accident, the insurance company could try to blame several other incidents for the injuries just like it did in Enrique’s case. But there is a big and important difference between being aggressive and being unprofessional. In my experience, claims adjusters and attorneys like this are doing their clients a great disservice and making a favorable outcome less likely.Read More
Fortunately, as discussed above, most judges and arbitrators understand that these professional examiners, while also practicing doctors, have great financial motivation to give the opinions sought by the insurance companies. Ellie had no problems with her neck or back before this accident, and she had no history of treatment for any neck or back-related issues. I previously mentioned the possibility of juror bias, and I can’t mention that topic without talking about the McDonald’s hot coffee case.Read More
This is especially true for the youngest kids who can’t always communicate with words what they are feeling. It requires long hours, rolling up the sleeves, and a dedicated work ethic. 6 • To help reduce their risks while on the road, the CDC recommends that older adults take several steps: exercise regularly to increase strength, flexibility and reaction time have regular physical examinations, including eye examinations. MPC is not expensive and it provides tangible benefits to you and anyone riding in your car.Read More
Top Lawyers Pick
- Gregory N. McEwen
- Richard D. O'Dea
- Randall Tranger
- Craig M. Rothenberg
- Robert W. Georges
- Ike M. Kaludi
- Craig M. Peters
- Rick W. Bisher
- Brittanee N. Donley
- Spencer R. Barnes
- Mitchell A. Stephens
- Gregory R. Wright
Gregory N. McEwen
Attorney Gregory N. McEwen practices throughout the United States from offices in suburban St. Paul and Minneapolis, Minnesota. With his firms, McEwen Law Firm and ,McEwen and Kestner,, he provides legal representation for cases involving defective drugs and medical devices, business litigation, burns and explosions, trucking accidents, product liability, automobile accidents, motorcycle accidents, and more. He and his firms have recovered in excess of $400,000,000 for clients.Mr. McEwen earned his law degree from Valparaiso University Law School in Valparaiso, Indiana. He is also a graduate of Concordia College in Moorhead, Minnesota. He is licensed to practice law in all Minnesota courts and numerous courts around the United States.Mr. McEwen has worked on numerous high-profile cases over the course of his career, and has been featured in a variety of national newspapers and television news programs. He and his cases have been highlighted in publications including the New York Times, Washington Post, Wall Street Journal, Huffington Post, Chicago Tribune, Minneapolis Star Tribune, and the St. Paul Pioneer Press. His cases have also been on ABC, CBS, NBC, and CNN News.Taking an active role in various professional and community organizations, Mr. McEwen has been on the board of directors for the Minnesota Association for Justice and participates in the American Inns of Court, an organization devoted to improving quality and civility in the legal profession. He is also a member of the Minnesota State Bar Association, the American Association for Justice and the Attorneys Information Exchange Group. He is also a member of the Million Dollar Round Table.
Richard D. O'Dea
Attorney Richard D. ODea is the founder and managing attorney of the ODea Law Firm, LLC, located in White Bear Lake, Minnesota. An award-winning trial lawyer with more than 28 years of legal experience, Mr. ODea devotes his practice almost exclusively to personal injury and wrongful death claims, and he has achieved notable success advocating on behalf of those suffering as the result of someone elses negligence or wrongdoing.Along with handling all types of tortious claims arising from motor vehicle accidents, medical malpractice, liquor liability, insurance coverage disputes and work-related accidents, Mr. ODea also has extensive experience handling small business and contract disputes, general civil litigation, and appeals. A native of the St. Paul area, Mr. ODea has a genuine concern for helping those in need across his community while making his area a safe and welcoming environment for all.Throughout his career, Mr. ODea has recovered millions of dollars in settlements and awards for his plaintiff clients, earning his membership in the Million Dollar Advocates Forum. In all cases, he treats his clients with compassion and dignity as he works tirelessly to ensure they receive the maximum amount of compensation they deserve. Recognized for his success and commitment to his clients, Mr. ODea has earned praise from both his clients and peers alike, making him one of Minnesotas top-rated trial advocates.After completing studies at the University of Notre Dame, Mr. ODea earned his Bachelor of Science in government from St. Johns University in 1988. He then attended Hamline University School of Law (now Mitchell Hamline School of Law), where he obtained his Juris Doctor in 1991.The Minnesota State Bar Association admitted him to practice that same year, and the State Bar of Wisconsin admitted him in 1997. He is also admitted to practice before the U.S. District Court for the District of Minnesota as well as U.S. District Court for the Western District of Wisconsin.Active in his legal community, Mr. ODea is a member of the Minnesota Association for Justice, the Minnesota State Bar Association and State Bar of Wisconsin. He currently serves as arbitrator for the American Arbitration Associations No-Fault Panel, and he once served as investigator for the Second Judicial District Ethics Committee in Ramsey County.
Randall Tranger is a partner at Freehold, New Jersey-based Mallon & Tranger. He represents residents of Monmouth and Ocean counties in a variety of practice areas, including personal injury and wrongful death litigation, criminal defense, and workers compensation claims and appeals. Admitted to practice before all New Jersey state courts, Mr. Tranger has been certified in civil trial law by the Supreme Court of New Jerseys Board on Attorney Certification.In his personal injury and wrongful death practice, Mr. Tranger assists area clients who have incurred economic and noneconomic losses as a direct result of the negligence or recklessness of other persons or entities. The types of cases that Mr. Tranger has handled in this area of the law have arisen out of incidents involving auto-pedestrian accidents and truck, motorcycle, and other motor vehicle accidents, and he has been able to obtain several sizable settlements and jury awards on behalf of his plaintiff clients.Mr. Trangers criminal defense experience involves the representation of clients who have been charged by the state with misdemeanor or felony offenses. These allegations have included drug possession, white collar crimes, weapons violations, sexual assault, domestic violence and driving under the influence of alcohol. Mr. Tranger also helps people who have been injured on the job and who are seeking their rightful benefits under their employers workers compensation insurance coverage. His representation in this regard has included helping to ensure that the required claim contains all necessary supporting documentation and that it is filed within the time period required by state law. A graduate of Coastal Carolina University, Mr. Tranger received his Juris Doctor from New York Law School in 2003.
Craig M. Rothenberg
Attorney Craig M. Rothenberg is a founding member and partner at Rothenberg, Rubenstein, Berliner & Shinrod, LLC, in Clinton, New Jersey. Mr. Rothenberg focuses his practice on personal injury and medical malpractice, handling matters involving construction accidents, dangerous products, industrial accidents, general motor vehicle accidents, premises liability accidents and sexual abuse and sexual harassment cases. He serves clients in the Newark metropolitan area, including Essex, Morris and Union counties and all the towns throughout those counties.Attorney Rothenberg has successfully handled multiple cases involving sexual assault, molestation and harassment of both minors and adults. These cases involved wrongful acts of both strangers and individuals known to the victims. We represent victims of the clergy, teachers, employers or other people in a position of power as well as those victimized by family and friends. Each case is reviewed on an individual basis so as to best advise and assist the victim in proceeding in a manner which best meets their legal needs overall circumstances.Mr. Rothenberg has been licensed to practice law since 1987 and has more than 30 years of litigation experience. He has cultivated a reputation as one of New Jerseys most skilled trial attorneys and has the knowledge and ability to handle major cases involving complex issues.Over the course of his career, Mr. Rothenberg has recovered verdicts and settlements of more than $250 million on behalf of New Jersey residents, including a $41 million settlement involving an infant victim of medical malpractice. He is admitted to practice in all New Jersey state courts and before the U.S. District Court for the District of New Jersey.In addition to his law practice, Mr. Rothenberg is involved in legal and community organizations and activities. He has served as board president of Community Action for Independent Living since 1997. In 2017 Community Action for Independent Living merged with Community Options where Mr. Rothenberg continues to serves as a board member. Mr. Rothenberg is an active member of the New Jersey Association for Justice.Mr. Rothenberg graduated from Rutgers University in 1982 with a bachelors degree and went on to earn his law degree from New York Law School in 1987. He is also certified as a civil trial attorney by the Supreme Court of New Jersey.
Robert W. Georges
Robert W. Georges is a founding partner with Konta & Georges P.C. a law firm located in downtown Manhattan.A top-rated trial advocate with more than a decade of legal experience, Mr. Georges focuses his practice primarily on criminal defense and has extensive experience handling civil rights cases and serious personal injury claims for clients throughout the New York State.Early in his career, Mr. Georges served as assistant district attorney in the Bronx, where he prosecuted thousands of cases and was consistently promoted at the top of his class. This experience helped hone his exceptional trial skills and provided him with a unique insight into the criminal justice system, which allows him to devise the most effective defense strategies. Mr. Georges has achieved notable success defending the rights and liberties of those facing serious criminal charges, such as homicide, rape, robbery, drug crimes, and sex offenses. Many of his cases have received local and national media coverage, including in the New York Post, New York Daily News, New York Times and The New York Law Journal. He also had a Westchester murder case featured on an episode of Snapped on Oxygen (,Season 21: Beatrice Camper episode,).A veteran of more than 30 jury trials, including numerous full acquittals, Mr. Georges has also defended those accused of white-collar crimes, such as health care fraud, money laundering, falsifying business records, grand larceny and identity theft.As a civil trial attorney, Mr. Georges has helped recover millions of dollars in settlements and awards for those who suffered an injury or loss as the result of someone elses negligence as well as for those whose civil rights were violated by government agencies and law enforcement.Recognized for his success, Mr. Georges has earned numerous accolades and high ratings from his peers along with many positive reviews and referrals from his satisfied clients, including Superb client ratings on Avvo. He was first selected to the NY Metro Top Lawyers list in 2012, being recognized as one of NY Citys top criminal defense attorneys.A 1998 graduate of Syracuse Universitys Newhouse School of Public Communications, Mr. Georges obtained his Juris Doctor cum laude from New York Law School in 2004, where he served on the schools Moot Court Association as well as Law Review.Along with practicing before all New York State courts, Mr. Georges is also admitted to practice before the U.S. District Court for the Southern and Eastern Districts of New York. He is an active member of the New York City Bar Association and the New York State Association of Criminal Defense Lawyers, among his other professional affiliations.
Ike M. Kaludi
Attorney Ike Kaludi and the experts at California Law Group have represented hundreds of injured victims and employees throughout California. He handles all stages of litigation and insurance negotiations to help you and your family deal with the serious and complex legal challenges affecting your livelihood and well-being.Recognized for his professionalism and service, Ike has earned top ratings on Top Lawyers, Avvo and other client and peer review sources, and received many positive reviews and referrals from those we have served. Ike possesses extensive experience in a variety of legal areas and insurance practices, including:,Personal injury claims arising from car, truck and motorcycle accidents, slip-and-fall accidents, wrongful death, brain injury, and other preventable tragedies,Workers compensation,Class action, wage and hour and other employment law issues,Ike is a graduate of the University of California, Hastings College of the Law. Ike externed for California Supreme Court Justice Carlos Moreno, Chief Magistrate Maria-Elena James of United States District Court for the Northern District of CA, and the San Francisco District Attorneys Office. He was also part of the U.C. Hastings Negotiation Team, the San Francisco Trial Lawyers Association Summer Trial Fellowship, and graduated with a concentration in civil litigation and dispute resolution. Prior to law school, Ike worked as a legal assistant in civil litigation and graduated from the University of California, Los Angeles with degrees in Political Science and International Development Studies after working with Southwest Airlines in Southern California.Ike is bilingual in English and Spanish.
Craig M. Peters
Attorney Craig M. Peters is a partner at Altair Law, in San Francisco, California. Mr. Peters practices personal injury law and serves individuals and their families who have sustained a catastrophic injury resulting in serious injury or death throughout northern California. He has experience with matters involving automobile accidents, dangerous property conditions, machine accidents, product defects, professional negligence and roadway design.Mr. Peters has been licensed to practice law since 1996 and has more than 20 years of experience. He received bachelors degrees in communications and philosophy from the University of California, San Diego, and earned his law degree from the University of San Francisco School of Law.Before founding his personal injury firm, Mr. Peters spent 13 years as a public defender. This role allowed him to develop litigation skills which he utilized to successfully transition into the personal injury field.Over the course of his career, Mr. Peters has recovered substantial settlements and verdicts for his clients, which has led to recognition by his peers within the legal profession. He has been featured in the publication The Best Lawyers in Americaand achieved an AV Preeminent rating from the peer review organization Martindale-Hubbell.Outside of the office, Mr. Peters is very active in his legal and professional communities. He is a professor at San Francisco Law School and has spoken at events for various organizations.Mr. Peters is a member of the San Francisco Trial Lawyers Association and Public Justice as well as a fellow in the American Board of Trial Advocates, the American College of Trial Lawyers and the International Academy of Trial Lawyers. He also volunteers his time to various community groups.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.
Rick W. Bisher
Rick W. Bisher is a co-owner of the law firm of Ryan Bisher Ryan, with offices in Oklahoma City and Tulsa. He is a member of the Million Dollar Advocates Forum and has a Martindale-Hubbell AV rating, the highest rating for ethics and competency. He is listed in Sterlings ,Whos Who Among Executives and Professionals ,directory and has a Life Member Acceptance in the ,National Registry of Whos Who,. He is one of the top 100 trial lawyers as selected by the The National Trail Lawyers. Rick is admitted to the Tenth Circuit Court of Appeals and the United States Supreme Court. He has the highest AVVO rating possible. As a member of the Oklahoma Trial Lawyers Association, he limits his practice to helping injured victims.
4323 Northwest 63rd Street, Suite 110,, Oklahoma City OK 73116
Brittanee N. Donley
Mrs. Donley is a civil litigation attorney. She has built a reputation for understanding her clients needs and achieving excellent results in practice areas, including personal injury, medical malpractice, probate, insurance defense and business litigation. As a trial attorney, every case, from a small car accident to a large personal injury matter, she focuses on the end game. This past year Mrs. Donley successfully argued a case in front of the Rhode Island Supreme Court and obtained a favorable result for her client. Additionally, as a seasoned probate attorney, she presented at a seminar this year at the National Business Institute on probate and title matters.
Spencer R. Barnes
A partner at the Law Office of Morrison & Barnes, Spencer R. Barnes is a diligent advocate for his clients. From the firms office in Jackson, Tennessee, he provides representation to residents of Madison County and the surrounding area who have been harmed by the negligence of other parties in personal injury and wrongful death litigation. Representative matters that he handles include cases arising out of motor vehicle accidents, defective products, premises liability, and construction site accidents. Mr. Barnes also assists clients who are seeking Social Security Disability benefits.Mr. Barnes graduated with his Bachelor of Science in 2001 from Middle Tennessee State University. He then went on to pursue his legal education at the University of Memphis Cecil C. Humphreys School of Law and was awarded his Juris Doctor in 2004. He is admitted to practice before the state courts of Tennessee and before the U.S. District Court for the Western District of Tennessee.During his career, Mr. Barnes has obtained several seven-figure settlements and jury awards on behalf of his plaintiff clients, including a $1.4 million settlement in a car accident case and a $1.5 million award in a case involving defective products. As a result, he has been repeatedly recognized by his fellow professionals. He has been named to both The National Trial Lawyers: Top 100 and The National Trial Lawyers: Top 40 under 40. Mr. Barnes has also received a Superb peer review rating through Avvo. An active participant in several legal organizations, his memberships include the Tennessee Trial Lawyers Association, the Howell Edmunds Jackson American Inn of Court and the Jackson-Madison County Bar Association.
120 South Liberty St, PO Box 182,, Jackson TN 38302
Mitchell A. Stephens
Mitchell A. Stephens focuses his practice on litigation and has successfully represented clients in both state and federal courts. Mitchs last two jury trials resulted in favorable verdicts for his clients, with the total verdict amounts exceeding $25 million. At his last bench trial, he successfully defended against seven-figure damages claims and obtained a no cause of action verdict. His last trial before an arbitration panel involved defending against a $36 million demand. The final award was a dismissal of the plaintiffs claims with prejudice and no damages awarded. In addition to these favorable trial verdicts, Mitch has prevailed on many other matters in the dispositive motion context. He also has successfully defended his victories on appeal, including to the Utah Supreme Court and Tenth Circuit.Prior to joining Hatch, James & Dodge, Mitch served as a Law Clerk to the Honorable Carolyn B. McHugh of the Utah Court of Appeals. Mitch graduated from the University of Utahs S.J. Quinney College of Law in 2007 with Highest Honors.
Gregory R. Wright
Starting out as a small town practitioner in Montello, Gregory R. Wright grew his firm into a statewide practice which for the past 21 years has exclusively concentrated on plaintiffs personal injury and wrongful death litigation. With branch offices located in Madison and Green Lake, Gregory R. Wright Law Offices, S.C. now consists of Attorney Wright, his associates, Erik C. Johnson and Ryan Frank as well as a support staff of highly qualified paralegals and legal assistants. The firm prides itself in providing outstanding client focused legal services in the area of motor vehicle accidents, construction accidents, trucking accidents, product liability, premises liability and insurance coverage litigation. Attorney Wright has been a member of the Board of Directors for the Wisconsin Association for Justice since 1992, and has been Board Certified in both Civil Trial Advocacy by the National Board of Trial Advocacy (1996) and Civil Pretrial Practice Advocacy by the National Board of Civil Pretrial Practice Advocacy (2012). Attorney Wright was voted one or the Top 100 Trial Lawyers in Wisconsin by the National Trial Lawyers Association for 2012, 2013.