Your doctor will document your complaints, record any objective indications of injury, and prescribe pain medications or muscle relaxants if necessary. Accepting fault for causing the accident is a legal admission of liability and can be used against you later, not only to prevent you from making a recovery, but also to support claims for damages against you. This visit will be important later when you are trying to negotiate a settlement to your claim.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 parties that can be held accountable are:
- The manufacturer of the product
- The party responsible for assembling and installing the product
- The component parts manufacturer
- The parties involved in wholesale, and
- The retailer responsible for selling the product
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.
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
On the way out of the courtroom that afternoon, the attorney for the hospital approached my boss and invited him to resume settlement negotiations, indicating there was more money that could be made available. Liebeck spent eight days in the hospital where she underwent skin grafting for the burns. It argues that large damage awards result in higher insurance premiums, and it encourages skepticism toward anyone who makes a claim for damages. Will they like and believe your doctors?Read More
It is always best to be safe by getting checked out at a local emergency room or by your physician. Motorcycles can be hard to see because of their size, especially for drivers of larger vehicles. Attorney: An individual who has completed four years of undergraduate studies and three additional years of an American Bar Association-approved law school, passed the bar exam, and was found to be fit to practice law by the Supreme Court of a particular state.Read More
This disc acts like a cushion and helps keep the vertebrae from rubbing together. The pain that these people experienced was excruciating. Do not go to the doctor just to go to the doctor to increase your medical bills. The doctor tells you that you may need surgery. Expect The Unexpected! Keep your eyes on the road and drive defensively.Read More
Top Lawyers Pick
- Joseph A. Kalamarides
- Andrew J. Gibbs
- Lance M. Sears
- Robert C. Hilliard
- Bruce D. Goodman
- Harry Rothenberg
- John A. Montevideo
- Daniel W. Chudleigh
- Brian L. Jensen
- David T. Kulesz
- Bruce A. Schonberg
- Peter M. Young
Joseph A. Kalamarides
As a member of the Kalamarides & Lambert law firm in Anchorage, Alaska, attorney Joseph A. Kalamarides focuses his practice primarily on personal injury and Alaska workers compensation claims as well as appellate law. Having practiced law for over 40 years, Mr. Kalamarides has an extensive amount of knowledge and experience he uses to obtain the compensation and benefits his clients need to support themselves and their families.Staying up-to-date on the most recent advancements and changes to the states legal system, Mr. Kalamarides is able to devise the most effective solutions for his clients regardless of how complex and challenging their cases. Dedicated to protecting his clients rights and best interests, Mr. Kalamarides strives to deliver the highest level of legal service possible to those in need.After graduating from the University of Idaho, cum laude, with a Bachelor of Science in business in 1972, Mr. Kalamarides attended the University of Idaho College of Law, obtaining his Juris Doctor in 1975. In 1976, the Alaska Bar Association admitted him to practice, and he can also legally practice before the U.S. District Court for the District of Alaska.Actively involved with the Alaska Bar Association, Mr. Kalamarides remains dedicated to his practice. Using his in-depth knowledge of workers compensation and personal injury law, he routinely delivers lectures and seminars on topics related to those practice areas. Devoted to his community as well as his practice, Mr. Kalamarides volunteers his time to serve as a debate judge for high schools throughout the region.
Andrew J. Gibbs
Andrew is a trial lawyer and focuses his practice on complex real estate, construction and corporate litigation, and serves as general counsel to over 20 homeowner associations. Andrew also has extensive experience pursuing and defending personal injury actions. Andrew has been lead counsel in more than 75 trials and arbitrations in Colorado. Andrew is a also certified mediator.Andrew grew up in Tucson, Arizona, received his Juris Doctorate from the University of Denver Sturm College of Law in and his BA from the University of Arizona in where he majored in communication with a double minor in business and history. Andrew studied international comparative law at the University of Nairobi in Nairobi, Kenya. Andrew has been an adjunct legal studies instructor at Parks College in Thornton, Colorado (since closed) and was a teaching fellow for the Masters in American & Comparative Law program at University of Denver Sturm College of Law.Andrew is a member of the Denver and Colorado Bar Associations, and is a business partner member of the Community Associations Institute. Andrew has been actively involved in the local community where he volunteered at Wyatt Edison Charter School, an inner city Denver elementary school. Andrew is served as Chairman of the Board and on the Advisory Committee for NAMLO International, an international aid organization that focuses sustainable economic development in Nepal and Nicaragua. Andrew also serves on the Board of Directors for a for-profit action sports facility.
Lance M. Sears
As a partner with the Sears & Associates, P.C, law firm in Colorado Springs, Colorado, Lance M. Sears focuses his practice on personal injury, commercial litigation and grievance defense. Serving residents throughout Colorado, Mr. Sears provides high-quality representation for clients with legal needs related to any of the following:,· Personal injury,· Auto and truck accidents,· Business disputes,· Wrongful death,· Ski/snowboard accidents,· Spinal/brain injuries,A Colorado native, Mr. Sears received his Juris Doctor from the University of Colorado Law School in 1975, and the Colorado Bar Association admitted him that same year. He is also admitted to practice before the U.S. District Court for the District of Colorado, the U.S. Court of Appeals for the 10th Circuit and the U.S. Supreme Court.With over 40 years of experience practicing law, attorney Sears has had a long and distinguished career as a lawyer. Beginning as a deputy district attorney for El Paso County, he honed his trial skills in the courtroom, and a significant portion of his practice involves litigating civil matters before federal courts. As testament to his experience as a trial lawyer, he has received numerous appointments to various legal associations and committees.Along with his legal experience, Mr. Sears is an experienced educator and lecturer. Sought for his extensive knowledge of the law, he has delivered speeches throughout the country on a variety of legal subjects, and he has accumulated over 600 hours teaching law students and lecturing other attorneys in subjects involving trial tactics, legal ethics, personal injury law and commercial torts.
Two North Cascade Avenue, Suite 1250,, Colorado Springs CO 80903
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.
Bruce D. Goodman
The principal of Steinberg Goodman & Kalish in Chicago, Illinois, Bruce D. Goodman focuses his practice exclusively on the representation of plaintiffs in medical malpractice, product liability and personal injury litigation. His medical malpractice cases make up a large part of his trial practice, and they involve surgical mistakes, failure to diagnose cancer, prescription errors and other forms of professional negligence. Mr. Goodman also represents clients who have been harmed in construction, aviation and motor vehicle accidents, and he has obtained numerous multimillion dollar settlements and jury awards on their behalf.After receiving a Bachelor of Arts from the University of Illinois in 1971, Mr. Goodman pursued his legal studies at DePaul University College of Law and was awarded his Juris Doctor in 1974. He joined his current firm after graduation. Admitted to practice in Illinois, Mr. Goodman is also admitted to practice before the U.S. Court of Federal Claims, the U.S. Court of Appeals for the 7th Circuit and the U.S. District Court for the Northern District of Illinois.Mr. Goodman is an active participant in The Chicago Bar Association, the Illinois State Bar Association, the American Bar Association and the American Association for Justice, where he is a member of its Birth Trauma Litigation Group. He is also a member of the Illinois Trial Lawyers Associations Medical Negligence Committee and its Product Liability & Insurance Law Committee. Highly regarded by his fellow professionals for his superb track record and high degree of ethics, Mr. Goodman has received an AV Preeminent peer-review rating through Martindale-Hubbell and a 10.0 Superb peer-review rating through Avvo. He has also been named to The National Trial Lawyers: Top 100.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.
Representing people in New York City, New York, Harry Rothenberg has secured seven- and eight-figure verdicts and settlements in personal injury cases. As an attorney at The Rothenberg Law Firm LLP, he handles cases that involve issues such as product liability and medical malpractice.Before graduating magna cum laude with a Juris Doctor in 1993 from Harvard Law School, Mr. Rothenberg earned a Bachelor of Arts from Columbia University.A successful attorney is one who is involved in every detail of the case and in the legal community. Mr. Rothenberg frequently speaks to peers about his practice area. He has access to invaluable tools and resources through his memberships with Public Justice, the North American Brain Injury Society, the New York State Trial Lawyers Association, American Association for Justice, the National Crime Victim Bar Association, the Association of Plaintiff Interstate Trucking Lawyers of America, L.L.C. and the New Jersey Association for Justice.Some of Mr. Rothenbergs successes include obtaining $19.8 million in a wrongful death case and $6.25 million in a case in which a car struck a pedestrian, causing crushing injuries to the pedestrians limbs. Mr. Rothenberg has demonstrated his ability to exceed clients expectations, which is why he has earned the highest peer rating possible of AV Preeminent from Martindale-Hubbell; he holds an Avvo Superbrating; he is a member of the Multi-Million Dollar Advocates Forum; and he has been listed in The National Trial Lawyers: Top 100.An experienced litigator, Mr. Rothenberg is admitted to practice before the U.S. District Court for the Eastern District of Pennsylvania, the U.S. District Court for the District of New Jersey, the U.S. District Court for the Southern District of New York and the U.S. District Court for the Eastern District of New York. 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 A. Montevideo
A senior partner at DiMarco | Araujo | Montevideo, located in Santa Ana, California, John A. Montevideo has more than 30 years of experience in personal injury law. Representing clients throughout California, he handles matters involving general negligence, workplace injuries, premises liability, motor vehicle accidents and product liability. With respect to those clients who have been injured on the job, Mr. Montevideo assists in obtaining workers compensation benefits as well as pursuing claims against parties other than the employer who may be deemed to be responsible.After earning his bachelors degree from The Ohio State University in 1973, Mr. Montevideo attended Western State University College of Law and was awarded his Juris Doctor in 1978. He has been admitted to practice in California since 1979. Highly regarded by his peers throughout his career, Mr. Montevideo holds an AV Preeminent rating from Martindale-Hubbell and has twice received the Presidential Award of Merit from Consumer Attorneys of California.Often called upon to speak before groups of fellow professionals on topics relating to his areas of practice, Mr. Montevideo is also a frequent lecturer at classes and seminars for aspiring attorneys. He is an active participant in numerous professional organizations, including the American Association for Justice and the Orange County Bar Association, and is a past president and member of the board of the Orange County Trial Lawyers Association. Mr. Montevideo has served as a faculty member of the Orange County Bar Associations College of Trial Advocacy and is a past president of the Consumer Attorneys of California. He is also a member of the Hall of Fame of what is now known as Western State College of Law at Argosy University.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.
Daniel W. Chudleigh
Attorney Daniel W. Chudleigh is the founder of Chudleigh Law P.C. a premiere full-service law firm located in Laguna Beach, California. Licensed to practice in California and Utah, Mr. Chudleigh serves a diverse range of clients in both states who have legal needs involving any of the following:,Personal injury and defective products,Car Accidents, Motorcycle Accidents, and Trucking Accidents,Trusts and Estate planning,Business law,A top-rated attorney with more than six years of experience, Mr. Chudleigh has received widespread recognition for his impeccable professionalism and exceptional legal abilities, particularly in the area of personal injury law. In 2017, the American Institute of Personal Injury Attorneys named him among the 10 Best Attorneys in California for Client Satisfaction, and The National Trial Lawyers voted him among the countrys Top 40 Under 40 in 2016.A 2006 graduate of The University of Utah, Mr. Chudleigh earned his Master of Business Administration from the George L. Argyros School of Business and Economics at Chapman University and his Juris Doctor from Chapman University Dale E. Fowler School of Law, receiving both degrees in 2011.That same year, The State Bar of California admitted him to practice, and the Utah State Bar admitted him in 2012. He is also admitted to practice before the U.S. District Court for the District of Utah as well as before the U.S. District Court for the Central District of California.Widely regarded as an emerging leader in his field, Mr. Chudleigh writes extensively and conducts lectures across his region on a variety of legal topics. He also maintains a highly active presence in his legal community through his memberships with several professional legal organizations, including the American Institute of Personal Injury Attorneys, the Orange County Bar Association and the J. Reuben Clark Law Society.
Brian L. Jensen
Texas attorney Brian L. Jensen spent the first eight years of his legal career in defense litigation for insurance companies. Since 1986, Mr. Jensen has dedicated his Bellaire legal practice, B.L. Jensen, L.P. to representing individuals injured in accidents (auto, industrial and premise), medical malpractice and product liability claims, and individuals and small business in business litigation disputes. In 1990, he added the areas of small business in business litigation disputes.With more than 30 years of legal experience, Mr. Jensen has handled cases throughout Texas, including Houston, El Paso, Beaumont, Dallas and Brownsville. He has tried cases in the following counties: Harris, Chambers, Galveston, Fort Bend, Montgomery, Jefferson, Newton, Burleson, Cameron, Bexar, Brazos, Liberty, Brazoria and Cherokee.A graduate of the University of Texas and the University of Houston, where he obtained his legal degree, Mr. Jensen is licensed to practice law in Texas, as well as the U.S. District Courts of Southern, Northern and Eastern Districts of Texas. He is a member of the Texas Trial Lawyers Association and the Houston Trial Lawyers Association.
David T. Kulesz
Certified as a specialist in family law by the Texas Board of Legal Specialization, David T. Kulesz focuses his practice primarily on that area of the law. A partner at Landrith & Kulesz, L.L.P. and based in Arlington, Texas, he also provides representation to clients throughout Tarrant County in estate planning and administration, general business law, and plaintiffs personal injury and wrongful death litigation. His track record and high degree of ethics in all of these endeavors have earned Mr. Kulesz an AV Preeminent peer review rating through Martindale-Hubbell and a 10.0 Superb peer review rating through Avvo.In his family law practice, Mr. Kulesz primarily provides advice and counsel to clients whose marriages are coming to an end and who thus need assistance with such divorce-related issues as child custody and visitation, the division of community assets and debts, and alimony and child support. He also helps clients post-divorce with the enforcement of or modifications to existing court orders. Other family law matters with respect to which Mr. Kulesz has had experience include the preparation and review of prenuptial agreements, and he helps clients who have been the victim of domestic violence obtain appropriate protective orders.A native of Texas, Mr. Kulesz attended Baylor University as an undergraduate, and he received a Bachelor of Business Administration in 1977. Remaining in Waco, he pursued his legal education at Baylor Law School, where he was a member of the Baylor Law Review before being awarded his Juris Doctor in 1979. Admitted to practice before all Texas state courts, Mr. Kulesz is an active participant in the Arlington and Tarrant County bar associations and other professional 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.
Bruce A. Schonberg
Attorney Bruce A. Schonberg is the founder of Schonberg Law Offices of the Hudson Valley, P.C. in Central Valley, New York. Mr. Schonberg practices personal injury law, representing plaintiffs throughout the Hudson Valley region of New York state. He handles matters involving animal bites, brain injuries, construction accidents, dramshop laws, premises liability, slip and falls and wrongful death.Mr. Schonberg received his license to practice law in 1985 and has more than 30 years of experience in both state and federal court. He is admitted to practice in all New York state courts and before the U.S. District Courts for the Northern and Southern Districts of New York.Before founding his personal injury practice, Mr. Schonberg served as a senior district attorney for Orange County, New York, prosecuting misdemeanors and felonies. He also practiced insurance defense and served as a litigation specialist and trial attorney at a private New York firm.Actively involved in his local legal community, Mr. Schonberg is a member of various professional legal associations. He belongs to the Orange County Bar Association, the New York State Bar Association, the New York State Trial Lawyers Association and the New York State Defenders Association.Mr. Schonbergs formal education consists of a bachelors degree in political science from the State University of New York at Oneonta. He received his law degree from the State University of New York University at Buffalo School of Law. While attending law school, he participated in moot court and was a member of high honors organizations.
Peter M. Young
Peter M. Young is a shareholder at the law firm and practices in the Wausau, Rhinelander, and Stevens Point offices. Pete has tried jury cases throughout Wisconsin. His practice includes personal injury claims, automobile accidents, product liability claims, nursing home abuse & neglect claims, vaccine related claims, and wrongful death claims. He is admitted to practice before the State of Wisconsin, the United States District Courts for the Eastern and Western Districts of Wisconsin, the Seventh Circuit Court of Appeals and the U.S. Court of Federal Claims. Pete is also licensed to practice before the Tribal Courts of the Forest County Potawatomi and the Sokaogon Chippewa. Additionally, he has been admitted pro hac vice in cases in California, Colorado, Illinois, Minnesota, Michigan, Nebraska and Washington.In 2016, Petes colleagues from the Wisconsin Association for Justice honored him with the organizations inaugural Outstanding Young Trial Lawyer award. In 2015 he was recognized as a 20 under 40 Honoreeby the Wausau Daily Herald for his significant community involvement. In 2012, Pete was recognized by the Wisconsin Law Journal as one of the 25 ,Up and Coming Lawyers, in Wisconsin. In 2011 and 2012, he was honored as a Rising Star in the Wisconsin Top Lawyers publication by Milwaukee Magazine and has been honored as a Top Lawyer each year since 2013 by these same publications.Pete serves on the Board of Directors of the Wisconsin Association for Justice, is the Chair of the District 16 OLR Investigative Committee (appointed by the Wisconsin Supreme Court), and is also a member of the Wisconsin Supreme Court Appointment Selection Committee. He is a past member of the Wisconsin State Bench & Bar Committee, is the past President of the Oneida-Vilas-Forest County Bar Association, and is a past President of the Wisconsin Association for Justices New Lawyers Division. While attending law school, Pete served as a Judicial Intern for the late N. Patrick Crooks of the Wisconsin Supreme Court.Pete enjoys volunteering in his community. He is a member of the Board of Directors of the Wausau Nordic Ski Club, is a lifetime member of the National Ski Patrol, and is active in the Badger State Winter Games in Wausau, where he volunteers as the Commissioner of the Nordic Ski events. He volunteers as a ski-patroller with the Nine-Mile Forest Ski Patrol, and is a past patroller with the Minocqua Winter Park Ski Patrol, which was selected as the ,National Outstanding Nordic Ski Patrol, during the 2012-13 season.Pete lives in northern Wisconsin with his wife and children. He enjoys many outdoor activities, including fishing, hunting, skiing, cycling and backpacking