I know how the injury can affect not just you, but your whole family. Sometimes, a claim can be settled, but sometimes, a lawsuit has to be filed to get you a fair recovery. I want to make sure your rights are protected and make sure you get what is owed to you. You probably don’t know what to do after an accident to improve your chances of making a full recovery or the things that could reduce or even destroy the value of your claim. Without some other source of insurance, the recovery could be limited to the liability insurance limits.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
- Jedediah A. Main
- Alexander J. Perkins
- Thomas J. McManus
- Imad Elias
- Geraldine Ly
- Thomas H. Pope, III
- Russell B. Jordan
- Thomas C. Yatto
- Joseph A. Rossi, Jr.
- Ashley T. Davis
- Barry J. Nace
- Robert C. Hilliard
Jedediah A. Main
As founder of The Main Law Firm, Jedediah A. Main is passionate about protecting the rights of injured clients in a wide range of legal matters. In addition to motor vehicle accidents, pedestrian accidents and bicycle accidents, Mr. Main has extensive experience in workers compensation, premises liability, boating accidents, and defective and dangerous products. He accepts clients throughout Florida.After graduating with honors from Florida State University, where he majored in both finance and insurance/risk management, Mr. Main earned his Juris Doctor from Florida State University College of Law. He is admitted to practice law in the state of Florida, as well as before the U.S. District Court for the Middle District of Florida.While in law school, Mr. Main gained experience clerking at Florida Highway Safety and Motor Vehicles, later going on to hone his courtroom skills as a prosecutor with the Office of the State Attorney for the Ninth Judicial Circuit in Orange and Osceola counties. His prior experience in prosecution and defending insurance companies has given him a unique advantage in effectively predicting and countering the tactics of the opposing counsel and large insurance companies that attempt to avoid responsibility in their role in being a party to serious injuries.Mr. Mains commitment to the highest legal ethics and quality customer service has earned him the respect of his peers. In addition to a rating of AV Preeminent with Martindale-Hubbell, the agencys highest peer reviewed distinction, he was listed in The National Trial Lawyers: Top 100 and The National Trial Lawyers: Top 40 Under 40.AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Rating™ fall into two categories – legal ability and general ethical standards.
Thomas J. McManus
New York City personal injury attorney, Thomas J. McManus is the managing partner at Sullivan Papain Block McGrath & Cannavo P.C. in New York. Mr. McManus serves clients throughout the New York metropolitan area and handles matters involving ,municipal liability,, ,premises liability,, ,car accidents,, and general liability. He also serves as counsel for the Uniformed Firefighters Association and works closely with them on a regular basis on cases involving firefighter injuries.Mr. McManus has been licensed to practice law in New York since 2006 and has over 10 years of experience practicing in New York state courts. Over the course of his career, he has recovered million- and multimillion-dollar verdicts and settlements for clients who sustained catastrophic injuries or became victims of negligence.An active member of his legal community, ,Thomas J. McManus, is a member of professional organizations including the Brehon Law Society of New York, the New York City Trial Lawyers Association and the New York State Trial Lawyers Association. He sits on the board of governors of the New York City Trial Lawyers Alliance and the board of directors of HeartShare St. Vincents Services.In addition to his involvement in the legal community, Mr. McManus participates in a variety of community organizations. He is active in Building Homes for Heroes, Hope for the Warriors and the Uniformed Firefighters Association Scholarship Fund.Mr. McManus graduated from Boston College in 2002 with a bachelors degree. He earned his law degree from American University Washington College of Law, graduating in 2005. He has been practicing with Sullivan Papain Block McGrath & Cannavo P.C. since 2009.
Imad Y. Elias, of the Law Offices of Mann & Elias, is a skilled attorney who brings a diverse background of experiences to his practice in employment law litigation. Manager of the firms employment law department, Mr. Elias handles discrimination, harassment and other types of plaintiff employment claims for clients in Los Angeles, California, and the surrounding areas of Orange, San Bernardino, Riverside, Ventura and San Diego counties.Born in Damascus, Syria, and educated in Kuwait and Southern California, Mr. Elias is fluent in Arabic and French as well as English. His diverse background enables him to provide original and unique insight into cases involving victims of employment harassment and discrimination. In his more than 20 years of practice, Mr. Elias has successfully handled more than 25 jury trials and helped to resolve numerous disputes through mediation and arbitration.After earning his law degree from Pepperdine University School of Law, Mr. Elias spent a year after law school volunteering at San Fernando Valley Neighborhood Legal Services, Inc. which enabled him to acquire vital courtroom experience. He was employed as an associate at two prominent firms in the region before joining his current firm, where he is a partner.Mr. Elias is licensed to practice in all California state courts and before all four U.S. district courts in California. He is a member of several professional organizations, including the American Bar Association, the Network of Arab-American Professionals, the California Employment Lawyers Association and the Consumer Attorneys Association of Los Angeles. He has also served in leadership roles for the Arab American Lawyers Association of Southern California.
This is Geraldine Ly and SHE IS who you want for your case! ,Geraldine Ly has fought tirelessly for 23 years for her clients across Orange, Riverside and San Bernardino Counties of Southern California. She is firmly described as tenacious, aggressive, detail-oriented, strong, yet kind, understanding and relatable. She embodies the idea of the size of the fight in the dog!”who perseveres and persists regardless of the opponents size. She litigates from a detail-oriented, aggressive approach on workers compensation and personal injury cases.A prime example is her work on behalf of the San Bernardino terrorist attack victims, resulting in local and national attention through radio, television, news and in print. As a result of her compassion and determination, she inspired a state legislator to amend existing laws that were unfavorable to these victims. This tenacity is respected by not only her clients but her colleagues as evident by earning a 10.0 Superbrating from peers and 5-stars from clients on Avvo. Having obtained several seven-figure settlements and awards on behalf of her clients, Ms. Ly is a member of the Million Dollar and Multi-Million Dollar Advocates Forums. She is an active participant in multiple legal groups working to benefit the entire community in Southern California as not only an attorney but also an attorney advisor to youth in peer court. She will be president of the Orange County Trial Lawyers Association in 2018, after serving as a board member since 2009. Her flexibility to work on behalf of clients, youth, and other lawyers makes Geraldine Ly ,The Attorney for YOU!!
2677 North Main Street, Suite 225,, Santa Ana CA 92705
Thomas H. Pope, III
As a trial practitioner for 40 years, Tom Pope has been representing primarily plaintiffs in cases involving negligence, products liability, insurance bad faith, estates, breach of fiduciary duty, small business minority oppression, class actions, and business litigation. He also represents landowners in condemnation cases; plaintiffs and defendants in professional negligence matters; and lawyers in disciplinary matters. He is a Fellow of the American College of Trial Lawyers, an advocate of the American Board of Trial Advocates, former President of the South Carolina Chapter of ABOTA, and a member of the John Belton ONeall Inn of Court. He is a former South Carolina State Senator and is a former member of the South Carolina Supreme Court Board of Law Examiners. Pope also teaches civil litigation in law schools in Eastern Europe.
Russell B. Jordan
Russell B. Jordan has been an attorney at Morgan & Morgan since October 2017. Located in the firms Memphis office, he focuses his practice primarily on personal injury and wrongful death litigation, representing clients throughout the greater metropolitan area. Admitted to practice in Tennessee, as well as in Mississippi and Arkansas, Mr. Jordan is also admitted to practice before the U.S. District Courts for the Northern and Southern Districts of Mississippi, and before the U.S. Courts of Appeals for the 5th and 6th Circuits.Mr. Jordans personal injury clients are people who have suffered harm as a result of the negligence or recklessness of other parties. The types of cases that he has handled during his career as a plaintiffs attorney have included car, truck and motorcycle accidents, dog bites and other animal attacks, and premises liability, and he has been able to obtain favorable results for his clients in the form of jury verdicts, as well as through negotiated settlements. Mr. Jordan also has an insurance coverage practice, representing policyholders whose claims have been delayed or denied in bad faith by their carriers. His fellow attorneys have taken note of his successful track record and superb ethics, and have awarded him an AV Preeminent peer review rating through Martindale-Hubbell.Born in Memphis and then raised in Mississippi, Mr. Jordan attended Mississippi State University, where he majored in finance and received a Bachelor of Business Administration with honors in 2002. He then moved to Oxford to obtain his legal education at the University of Mississippi School of Law and was awarded his Juris Doctor in 2006. Prior to joining Morgan & Morgan, Mr. Jordan spent several years at a Mississippi firm that defended against negligence claims.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.
One Commerce Square, 40 S. Main Street, 26th Floor,, Memphis TN 38103
Thomas C. Yatto
With nearly 40 years of experience, Thomas C. Yatto is an attorney at Kingston, New York-based OConnor & Partners PLLC. He helps victims throughout the state in cases involving motor vehicle accidents, medical malpractice, construction and other workplace accidents, and product liability claims.Following his graduation from Manhattan College with a Bachelor of Arts, Mr. Yatto attended Albany Law School and graduated with his Juris Doctor. His academic achievements in law school earned him selection to the nations most prestigious academic honor society, Phi Beta Kappa. Mr. Yatto is licensed to practice before the state courts of New York. He is also admitted to practice before the U.S. District Courts for the Southern, Eastern and Northern Districts of New York.Mr. Yatto has a proven record of success as a dedicated advocate for the rights of victims of the negligence and misconduct of other parties to receive the compensation they need and deserve. Among his noteworthy verdicts and settlements are a $5.492 million settlement on behalf of a 67-year-old man who was left paralyzed after an accident and a $3.8 million jury verdict that was increased to $6.9 million by the trial judge through skillful advocacy. His representation of a Dutchess County woman who suffered injuries in a motor vehicle accident resulted in a $1.02 million arbitration award in her favor.Recognized by his peers, Mr. Yatto holds a rating of Distinguished through Martindale-Hubbell. In order to further improve upon his legal skills, he is a member of multiple organizations, including the New York State Bar Association as well as the New York State Trial Lawyers Association.Learn more about Thomas Yatto here...Personal Injury Practice Areas Thomas Yatto Handles:,Auto Accidents,Motorcycle Accidents,Truck Accidents,Construction Accidents,Slip, Trip & Fall Accidents,Dog Bite Injuries,Medical Malpractice,Wrongful Death,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.
356 Meadow Avenue, Newburgh NY 12550
Joseph A. Rossi, Jr.
Handling cases of personal injury in the Rochester, New York, metropolitan area, Joseph A. Rossi, Jr. is an attorney at Kammholz Law PLLC with over a decade of experience helping those who have been injured by the negligence of another. His areas of practice include motor vehicle accidents, medical malpractice, truck accidents, construction site accidents, wrongful death and products liability.Mr. Rossi understands how important a thorough investigation is to every case, and working with his fathers private investigation firm developed his mentality of leaving no stone unturned when it comes to the rights and best interests of his clients. At St. Johns University in 2003, Mr. Rossi earned a Bachelor of Science in marketing, graduating cum laude there, as well as at the Thomas M. Cooley Law School, where he earned a Juris Doctor in 2006.Admitted to practice in the state of New York, Mr. Rossi is a member of many professional groups and organizations to network with other attorneys and find ways to better represent his clients. Those include the New York State Bar Association, the American Association for Justice, the Monroe County Bar Association, the New York State Trial Lawyers Association, the Trial Lawyers of America Association, the American Bar Association and the Greater Rochester Association of Women Attorneys.The first six years of Mr. Rossi s career were spent representing plaintiffs and individuals throughout the five boroughs of New York City, where he became passionate about obtaining compensation for clients who dealt with the negative financial, physical and emotional impacts of a personal injury.
Ashley T. Davis
Ashley is an ,attorney in the Richmond, VA office, of Allen & Allen. She plays an integral role in the large and complex cases at the trial court and appellate level by identifying, analyzing, and addressing legal issues that affect our clients claims.Before joining Allen & Allen in 2014, Ashley spent ten years representing defendants and insurance companies in cases involvingwrongful death,, ,medical malpractice,, ,products liability,,automobile and tractor-trailer accidents,,brain injury,, ,premises liability,, and ,toxic exposures,. Her background as a defense lawyer gives her valuable insight into how insurance companies and their litigators handle personal injury claims. This understanding is an asset to Allen & Allen clients who benefit from her working knowledge of the defense.Ashley is an adjunct professor who teaches trial advocacy at the University of Richmonds T. C. Williams School of Law. She is a sought-after public speaker and has given lectures on a variety of litigation topics including federal procedure, legal ethics, corporate depositions, e-discovery, and effective techniques for handling out-of-state litigation. She has been asked to speak by the American Association for Justice (AAJ), the Virginia Trial Lawyers Association (VTLA), the Virginia Association of Defense Attorneys, the Richmond Paralegal Association, the VTLA Womens Caucus, the Institute for Paralegal Education, and the National Business Institute,Ashley is an active member of the VTLAs Amicus Curiae Committee, and regularly writes briefs to the Supreme Court of Virginia promoting justice and access to courts on behalf of injured people. Currently, she serves as Chair of the VTLA Womens Caucus, and is an active member of the VTLAs Legislative, Education and Annual Convention Committees.In 2016, Ashley was on the team of Allen & Allen attorneys who obtained a $42 million settlement for three men who were seriously burned and the family of one man who was killed as a result of a workplace explosion. This recovery was the largest personal injury settlement in Virginia during 2016.Ashley graduated with High Honors in the top 10 of her law school class from the University of North Carolina at Chapel Hill. She graduatedmagna cum laude, with a B.A. from the College of William and Mary.Before attending law school, Ashley lived and worked as an archaeologist in Mexico and the Caribbean. She is a fluent ,Spanish-speaker,.
Barry J. Nace
Barry J. Nace is the senior partner at Paulson & Nace, PLLC, one of the leading law firms in Washington, D.C. A nationally known and highly respected trial lawyer, Mr. Nace has represented countless plaintiffs in drug product liability and medical malpractice jury trials. He and his firm are proud of their impressive track record of helping many personal injury victims to secure multimillion dollar verdicts and settlements.Mr. Nace set a new record in Washington, D.C. when he won the two largest individual jury verdicts in the districts history. Today, he continues to set new standards of excellence in the courtroom and fight for justice for each and every client.Because of his distinguished credentials and impressive advocacy results, Mr. Nace was the first attorney elected to serve two terms as president of the Trial Lawyers Association of Metropolitan Washington, D.C. In addition, Mr. Nace is the only U.S. attorney to have served as both president of the American Association for Justice and the National Board of Trial Advocacy.In 1965, Mr. Nace earned his law degree from the Dickinson School of Law. In 1994, the same school awarded him an honorary doctor of laws degree.
1025 Thomas Jefferson St., NW, Suite 810,, Washington DC 20007
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.