Perhaps an auto accident weakened a joint that started causing you pain much later. However, the ER personnel are not particularly concerned about less severe injuries that may cause you significant pain and disability for months. Without this information, you could be intimidated or manipulated into sacrificing your rights and compromising the fair value of your injury claim. You deserve to hear from someone in your lawyer’s office at least once every month.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
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Top Lawyers Pick
- John Foster Melton
- Brett M. Waronicki
- Grant Gillenwater
- Alyson M. George
- Paul R. Sugarman
- Patrick J. Moro
- J. Jeffrey Heck
- Andrew S. Youman
- Kevin Henrichson
- Charles J. Argento
- Scotty MacLean
- Ryan M. Froelich
John Foster Melton
John F. Melton is an experienced Austin-based lawyer who has helped hundreds of Texas workers fight for their legal rights. Since 2008, he has been Board Certified in Labor and Employment Law in Texas. He has been named a Super Lawyer each year since 2011, an honor reserved for the top 5 percent of Texas attorneys. He is also a Fellow Member of the Texas Bar Foundation, an honor given to the top 1 percent of legal practitioners in Texas. In addition, he has developed a reputation for being able to handle complex personal injury cases from cases he is referred by former clients and other attorneys, achieving several million dollar settlements.
Brett M. Waronicki
Brett M. Waronicki is a partner/shareholder at Wiederhold, Moses, Kummerlen & Waronicki, P.A. in West Palm Beach and Fort Pierce, Florida. Mr. Waronicki practices in all areas of general liability, including personal injury and transportation liability, premises and property damage liability, and section 1983 civil rights liability. In addition, Mr. Waronicki also litigates cases involving employment discrimination and the Americans with Disabilities Act.Mr. Waronicki was born in Hollywood, Florida, and raised in Stuart, Florida. After earning his undergraduate degree in business administration from the University of Florida, Mr. Waronicki obtained his law degree from the West Virginia University College of Law. He started his legal career in Floridas 19th Judicial Circuit as an assistant public defender representing those accused of crimes ranging in penalties up to life in prison. Thereafter, he worked for a small firm in Stuart, Florida handling criminal and general civil matters before coming to Wiederhold, Moses, Kummerlen & Waronicki, P.A.Mr. Waronicki has represented clients in many areas of the State of Florida. Admitted in all federal courts in the State of Florida, Mr. Waronickis experience includes trying cases for clients in both state and federal jury trials. Further, Mr. Waronicki has presented oral arguments in the Third and Fourth District Courts of Appeal along with the United States Court of Appeals for the Eleventh Circuit.
Grant Gillenwater focuses his practice on personal injury and wrongful death litigation as an attorney at Morgan & Morgan PA. Working out of the national firms Melbourne, Florida, office, he represents clients throughout the state. Mr. Gillenwater is admitted to practice in Florida and before the U.S. District Courts for the Middle and Southern Districts of Florida.The primary portion of Mr. Gillenwaters practice involves his assisting people who have been harmed as a result of the negligence of property owners and managers. These cases are governed by the theory of premises liability, and they include slips and falls, inadequate security and animal bites. In most cases, the owners were aware or should have been aware of the dangerous condition on their property that led to the incident, but they failed to correct the situation or notify their licensees and invitees. Mr. Gillenwaters defendants have included hotels, retail establishments, parks, apartment complexes and amusement parks, and they have also included swimming pool owners and managers of parking lots. During his career, he has been successful in obtaining sizable jury awards on behalf of his clients, while in other instances he has been able to negotiate favorable settlements outside of the courtroom.Mr. Gillenwater obtained his undergraduate education at Flagler College in St. Augustine, Florida, where he majored in political science and received a Bachelor of Arts in 2009. Remaining in the state, he then went on to attend Stetson University College of Law in Gulfport, and he was a teaching assistant in trial advocacy before being awarded his Juris Doctor and being inducted into The Order of Barristers in 2012. His professional memberships include the Florida Justice Association, and he sits on the board of directors of a local nonprofit organization that assists low-income individuals and families.
Alyson M. George
Dedicated exclusively to representing victims of negligence, Alyson M. George serves clients throughout Florida. When she founded Alyson M. George, PLLC, she knew she wanted to help people navigate some of the most difficult circumstances they may ever find themselves in. Using a detail-oriented approach, she has repeated success in matters such as bicycle, automobile, pedestrian, drunk driving, distracted driving, trucking and motorcycle accidents; school, day care and security negligence; pool and slip-and-fall accidents; wrongful death; and cemetery, funeral home and crematory negligence.Ms. George graduated cum laude from the University of Dayton in 2002. She then earned a Juris Doctor in 2006 from the Stetson University College of Law, where she participated in moot court competitions.Whether in litigation or in settlement negotiations, Ms. George remains focused on securing maximum compensation for clients. She formerly served as an insurance defense attorney and knows how providers attempt to shortchange people on the benefits they are owed. Further, she excels at illustrating all the damages a client has experienced, holding defendants financially accountable for those losses.Ms. George left her work defending insurance carriers and found her passion in advocating for those who have suffered a personal injury. She knows how important peace of mind is in the recovery process. As such, she takes on the legalese so clients are able to focus on moving forward with their lives. This is one of the reasons Ms. George holds an Avvo Superbrating.Active in the legal community, Ms. George is a board member of the Tampa Bay Trial Lawyers Association and a member of the Florida Justice Association.Outside her practice, Ms. George enjoys spending time with friends and family. Her hobbies include baking and cooking, traveling, yoga, volunteering and snorkeling.
Paul R. Sugarman
Paul Sugarman is the founder of Sugarman and Sugarman, P.C. and is recognized as a leading attorney in civil trial and appellate litigation throughout Boston and Massachusetts. As a leader and mentor for the Sugarman team, Mr. Sugarman offers sound counsel, advice, and competitive advocacy to successfully guide every case.Prior to founding the firm, Mr. Sugarman served three years in the Judge Advocate General Corps United States Army and had the rank of captain. As a renowned trial lawyer in Massachusetts, he has represented clients in some of the most complex and high-profile litigation. He is often called upon to act as a mediator in dispute resolution and is a prolific writer and lecturer, contributing to numerous publications and speaking widely on complex areas of law. He also has over 25 reported appellate decisions to his name, a significant triumph for any practicing attorney.In addition to his outstanding record of results in private practice, Mr. Sugarman is widely recognized for his dedicated service to the legal community and significant achievements over the course of his 50-year career. He has held leadership and executive positions in major legal associations. He was the President of the Massachusetts Bar Association and chaired or co-chaired numerous formative committees including the Committee on Court Reform. He served as a member of the Board of Governors for the Association of Trial Lawyers of America, was President of the Massachusetts Academy of Trial Lawyers and is presently serving as a member of the Board of Governors.As a dedicated public servant, Mr. Sugarman was the Trustee of the American Bar Association, President of the Boston University School of Law Alumni Association, and appointed by the Supreme Judicial Court to the Board of Bar Overseers for a four-year term. He was appointed as the Special Master and Commissioner to investigate alleged improprieties at the Boston Municipal Court. He has also served as Dean and Professor of Law at Suffolk University Law School and has received numerous honors and awards, including an honorary Doctorate of Laws from Suffolk University, the Gold Medal Award from the Massachusetts Bar Association and the Civil Justice Award from the American Board of Trial Advocates.As a trial lawyer, he was inducted as a Fellow of the American College of Trial Lawyers, as a Fellow of the International Society of Barristers and as an Advocate of the American Board of Trial Advocates.
Prudential Tower, 800 Boylston St., 30th Floor,, Boston MA 2199
Patrick J. Moro
Patrick J. Moro has been an attorney at Heller, Maas, Moro & Magill Co. L.P.A. since April 2016. Based in the firms office in Youngstown, Ohio, he provides representation to clients throughout the state in a variety of different legal areas. In his personal injury and wrongful death litigation practice, Mr. Moro furnishes knowledgeable advice and counsel to people who have been harmed by the negligence of other parties in cases arising out of truck and other motor vehicle crashes, premises liability and construction site accidents. Prior to joining his current firm, he was an associate at a Columbus law firm, and his experience there defending insurers has helped him anticipate the types of defense strategies that might be utilized against his plaintiff clients.Mr. Moro also defends people who have been charged by the state with misdemeanor or felony offenses such as driving while impaired by alcohol or drugs, assault, fraud and other white collar crimes, sex offenses, traffic violations, domestic violence, and drug possession and distribution. In this area of his practice, he has been able to obtain favorable results, both through acquittals as well as through negotiated plea agreements. In addition, Mr. Moro assists people who have been injured on the job or who are otherwise unable to return to work and who are pursuing their rightful workers compensation or Social Security Disability benefits.Mr. Moro is admitted to practice before all Ohio state courts, and he is also admitted to practice before the U.S. District Courts for the Northern and Southern Districts of Ohio. An Ohio native, he received a bachelors degree from Walsh University in North Canton in 2009. Mr. Moros legal education came at Capital University Law School in Columbus, and he was awarded his Juris Doctor in 2012.
54 Westchester Drive, Suite 10, Youngstown OH 44515
J. Jeffrey Heck
From his law firm in Mansfield, Ohio, The Heck Law Offices, Ltd. attorney J. Jeffrey Heck focuses his practice primarily on personal injury and wrongful death claims. In addition, he also represents employees and employers alike with all types of employment law matters, as well as business owners facing complex commercial litigation and families in probate litigation. A highly rated and award winning attorney, Mr. Heck devotes his time and resources to helping clients throughout Ohio find the justice they seek.A court-trained mediator and arbitrator, Mr. Heck uses his negotiation skills to help his clients resolve their disputes and achieve the positive results they expect. However, he also advocates strongly on his clients behalf in court when that is the best option availble.Over the course of his more than 30 years of practicing law, he has successfully handled thousands of cases in both state and federal courts throughout Ohio and Florida, earning a reputation as one of the top civil litigation attorneys in the country. He holds an AV Preeminent peer review rating from Martindale-Hubbell and a Top Attorney rating from AVVO.A 1982 graduate of The Ohio State University, Mr. Heck obtained his Juris Doctor, with honors, from the University of Florida Levin College of Law in 1985. That same year he was admitted to practice law in Florida and, in 1988, was licensed as an attorney in Ohio. He is also admitted to practice before the U.S. District Court for the Northern District of Ohio, as well as the U.S. Courts of Appeals for the 6th and 11th Circuits.A consummate professional, Mr. Heck has been very active with the Richland County Bar Association, where he has served as the associations Secretary, as well as litigation chair for the organizations certified grievance committee. He has also served on numerous committees for the Ohio State Bar Association, The Florida Bar and the Ohio Association for Justice, among others.Believing in the importance of giving back to his community, he volunteers his time and services to various local and regional nonprofit organizations, educational institutions and artistic associations, including 16 years as a local elected official as a Board Member of the Lexington Local Schools.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.
Andrew S. Youman
As founding partner of Youman & Caputo, LLC, Andrew S. Youman handles whistleblower and medical malpractice cases for those in Philadelphia, Pennsylvania, and the surrounding areas. Throughout his career, he has focused his practice on representing the rights of the catastrophically injured and has been involved in securing more than $500 million in settlements and verdicts over the two decades.Mr. Youman studied English at the University of Wisconsin, graduating with a Bachelor of Arts in 1989. At Villanova University Charles Widger School of Law, he earned a Juris Doctor in 1992 and continues to teach Civil Pretrial Practice as an adjunct faculty member. He is admitted to practice in all federal and state courts in Pennsylvania and before the U.S. District Court for the Eastern District of Pennsylvania and the U.S. District Court for the District of New Jersey. He is a member of the American Association for Justice, the Philadelphia Bar Association, the Philadelphia Trial Lawyers Association and the Pennsylvania Association for Justice.A passionate advocate for the rights of the injured, Mr. Youman has been involved in drafting legislation known as the Pennsylvania Infant Crib Safety Act, requiring all cribs to meet safety standards. In 2010, he was appointed to the Civil Procedural Rules Committee of the Supreme Court of Pennsylvania where he served the maximum allowed years preparing, revising and administrating the states rules for civil cases in the Courts of Common Pleas.As a skilled trial lawyer, Mr. Youman has been listed as one of the Top 100 lawyers in Pennsylvania. He is committed to obtaining maximum compensation for his clients.
Kevin is a partner in the oldest Plaintiffs Personal Injury Law Firm in Austin. He limits his practice to serious personal injury and wrongful death cases.In 1997, he received a Bachelor of Business Administration in finance from Texas A&M University. He then went on to graduate in the top of his class and earn a Juris Doctor in 2001 from St. Marys University School of Law, where he wrote for the schools law review and won first place in the schools mock trial competition.For 18 years, Mr. Henrichson has been dedicated to advocating on his clients behalf, whether inside or outside the courtroom. Mr. Henrichson approaches every clients legal matter with a strict attention to detail and meticulous preparation.In 2011, Texas Lawyer magazine recognized Mr. Henrichson and his partners for obtaining the second largest jury verdict for a motor vehicle accident in Texas. He is also credited with winning the first jury verdict in Williamson County in a case involving the concealment of an abducted child. For his achievements, Kevin has garnered an Avvo Superb rating.Kevin is a member of the Texas Trial Lawyers Association, the State Bar of Texas, the Austin Bar Association, the Capital Area Trial Lawyers Association and the Robert W. Calvert American Inn of Court. He is admitted to practice before the U.S. District Court for the Western District of Texas and the U.S. District Court for the Southern District of Texas.
Charles J. Argento
Charles J. Argento is lead counsel of Charles J. Argento & Associates and represents the people of the Houston, Texas, metropolitan area who have been injured at the hands of another. With experience and integrity, he defends the rights of those who have been injured in a car accident, by a defective product, in medical device lawsuits, medical malpractice cases, premises liability cases, in a truck accident or by a drunk driver. He also handles cases of workers compensation and wrongful death.With an Avvo Superbrating, Mr. Argento has spent the last 18 years with another prestigious honor; for his commitment to legal ethics and professional accomplishments, he earned the highest peer review rating possible of AV Preeminent from Martindale-Hubbell. The American Institute of Personal Injury Attorneys also named him as one of the 10 best in client satisfaction and H Texas Magazine named him as one of Houstons Top lawyers in 2016. Awarded to the top one percent of attorneys in the country, he is also a distinguished Justice Advocates certification recipient.Mr. Argento earned a Bachelor of Arts from State University of New York at Buffalo in 1984, then attended South Texas College of Law, where he obtained a Juris Doctor in 1988. He was also a recipient of the Presidents Merit award and the American Jurisprudence award. Currently, he is admitted to practice in Texas, the U.S. District Court for the Northern, Eastern, Western and Southern Districts of Texas and the 5th Circuit U.S. Court of Appeals.He is a member of the State Bar of Texas, the Houston Young Lawyers Association, the Association of Trial Lawyers of America and the American and Houston Bar Associations. Fluent in Spanish and English, Mr. Argento represents clients with integrity and passion. 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 Scotty MacLean is the owner of MacLean Law Firm in Fort Worth, Texas. Mr. MacLean focuses his practice on all types of personal injury law, representing the injured and their families in cases involving catastrophic injury. He has offices in Fort Worth and Cleburne, and he serves clients throughout Cleburne and Johnson counties.Mr. MacLean has been licensed to practice law in Texas since 1993. He has more than 20 years of experience handling personal injury and wrongful death matters involving automobile accidents, aviation accidents, construction accidents, defective drugs, defective medical devices, railroad accidents, trucking accidents and workplace accidents.His hard work on behalf of clients and his record of success have earned Mr. MacLean significant recognition. He is AV Preeminent peer-review rated through Martindale-Hubbell. This is the highest rating given by the organization and demonstrates an attorneys high legal and ethical standards.Mr. MacLean earned a bachelors degree from the University of Oklahoma and went on to graduate from Texas Tech University School of Law. He is a member of various professional organizations including the Tarrant County Bar Association, the State Bar of Texas, the Texas Trial Lawyers Association and the American Bar Association. He also belongs to the Eldon B. Mahon American Inn of Court.In addition to his practice, Mr. MacLean has authored guides on personal injury topics. He offers these guides to his clients for no charge. These guides cover subjects including how to handle a personal injury case and an overview of truck accident litigation.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.
Ryan M. Froelich
Ryan Froelich is a trial attorney for injured people in Northeast Wisconsin. His focus is personal injury, workers compensation and general civil litigation. Since 2006, Ryan has had extensive experience in the areas of motor vehicle accidents, slip and falls and workplace injuries.Before representing injured people, Ryan worked for 12 years on behalf of insurance companies when they were sued in personal injury matters. He knows exactly how insurers defend cases and evaluate injuries. Ryan is armed with a unique and deep understanding of the insurance defense industry as he fights for injured people.When you or a loved one has been injured and you question how to move forward, Ryan is here to provide counsel, represent you and place your interests first. He will tirelessly advocate on your behalf and work to ensure that you receive fair and reasonable compensation.Ryan has successfully tried numerous cases to juries throughout Wisconsin but has also resolved countless matters before trial by settling with the people and insurance companies involved.Before beginning his career in Wisconsin, Ryan served as a Judge Advocate General in the United States Air Force. During his time in the military, he was also appointed Special Assistant United States Attorney. As a student at Marquette University Law School, Ryan clerked for the Honorable Charles B. Schudson of the Wisconsin Court of Appeals (Milwaukee).