Of course, there are exceptions to every rule. What procedures are in place to make sure you get through when you need to? The right to loyalty to you and your cause. At times, it may be necessary to communicate more frequently, but this is a minimum. When your car is wrecked by a negligent driver, the driver’s insurance is required to provide you with a rental car until your car is repaired or until it can make a total loss offer.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
A few seconds later, the car was hit again by another following car. Often when clients hire me, they have already given a statement to the insurance company. After filing, the burden on the plaintiff increases as well. In some cases, it can even lead to the destruction of your claim. In the previous article, I discussed the impact that your past can have on your legal claim and the dangers that skeletons in your closet could pose to your lawsuit, but even if you have nothing in your past that could harm your case, there are many good reasons to avoid trial.Read More
In King County, Washington, it commonly takes more than eighteen months from the filing of a lawsuit to get your day in court. The limitations contained in this Code section in reference to the amount of attorney’s fees are not controlling as to the fees which may be agreed upon by the plaintiff and the plaintiff’s attorney for the services of the attorney in the action against the insurer. You just assume it will get better, and the problem with your upper extremity is really due to your neck hurting.Read More
However, doctors can sometimes tell us to a reasonable degree of medical certainty what they anticipate you will incur should you eventually need a surgery or to undergo some additional tests. Request for Production of Documents: This is a written list of items your attorney needs from the Defendant to further evaluate the claim. What happens if you take that offer to settle without consulting an attorney? Once you sign that check and release, your claim is over.Read More
Top Lawyers Pick
- Thomas P. Scarritt, Jr.
- Christopher G. Stevenson
- Gregory J. Bubalo
- Mark J. Neal
- Jeffrey I. Amtman
- Robert A. Miklos
- Monty L. Cain
- Harry A. Dorian, Jr.
- Heidi G. Villari
- Douglas G. McCormick
- Daryl L. Derryberry
- Anne Bremner
Thomas P. Scarritt, Jr.
Thomas P. Scarritt, Jr. is founder and president of Scarritt Law Group and represents clients in Tampa, Florida. His practice includes personal injury cases involving products liability, negligence, police excessive force, wrongful death, automobile accidents, negligent security, motorcycle accidents, truck collisions, premises liability, malicious prosecution, false arrest, civil assault and civil battery. Business disputes such as unfair trade practices, breach of contract, negligent misrepresentation, breach of fiduciary duty, conspiracy, fraud, libel, slander, third-party beneficiary to contract, disputes between property owner associations and homeowners, and fee disputes are also included in his law focus.In 1979, Mr. Scarritt graduated with honors from The University of the South with a Bachelor of Arts. On a Rotary Club International Graduate Fellowship scholarship, he then attended the Université Grenoble Alpes in France for one year. At Florida State University College of Law, he again graduated with honors, earning his Juris Doctor. While in law school, he was a student intern, staff editor of the schools law review and the Student Supreme Courts chief justice.Mr. Scarritt is admitted to practice in the state of Florida and before the Florida Supreme Court, the United States Supreme Court, the United States District Court for the Northern District of Florida, the United States District Court for the Middle District of Florida and the United States Court of Appeals for the 11th Circuit. For his high ethical standards and long list of successful results, he holds the highest peer rating possible of AV Preeminent from Martindale-Hubbell.A member of both the Million Dollar Advocates Forum and the Multi-Million Dollar Advocates Forum, Mr. Scarritt has received several prestigious awards, including the Freedom Fighter Award, the Lifetime Achievement Award as a Top 100 Attorney and a Top 100 High Stakes Litigator. He is on the Board of Legal Counsel for Big Brothers and Big Sisters. 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.
Christopher G. Stevenson
Chris is an associate with the law firm of Wilson Kehoe Winingham. His practice focuses on aviation litigation, product liability, construction litigation, agriculture incidents, and appellate issues. Hes a graduate of Purdue Universitys Flight Program and a former Boeing 727 cargo pilot. Since graduating from Indiana University School of Law - Indianapolis, Chris has used his piloting knowledge in various aviation cases, including federal tort claims involving air traffic controller negligence, claims involving negligent piloting, and product claims involving aircraft engine and structural failures. He lives on a farm in Clarks Hill, IN (southeast Tippecanoe County) with his wife and five sons.
Gregory J. Bubalo
Having secured millions of dollars for victims of negligence, Gregory J. Bubalo is known nationally for his relentless pursuit of justice. As owner and managing partner of Bubalo Law PLC and Becker Law Office, he handles cases that involve all aspects of personal injury, including the following: motorcycle, motor vehicle and trucking accidents; medical malpractice and nursing home abuse; premises liability; drug product and medical device litigation; wrongful death; and mass tort lawsuits.Mr. Bubalos track record is impressive. When a neurosurgeon suffered career-ending injuries due to a slip and fall at a hospital, Mr. Bubalo secured nearly $17 million in a jury verdict. He has also held a diet pill manufacturer responsible for millions of dollars in damages.As a result of his success, Mr. Bubalo is listed in The Best Lawyers in America, and he is a member of the MultiMillion Dollar Advocates Forum. He is Board Certified in Civil Trial and Pre-Trial Practice by the National Board of Trial Advocacy (NBTA). After receiving a Bachelor of Science and graduating Magna Cum Laude and Phi Beta Kappa from Illinois College in 1977, Mr. Bubalo went on to graduate Magna Cum Laude with a Juris Doctor from the Indiana University Robert H. McKinney School of Law in 1980.Though he has a reputation as a fierce advocate for plaintiffs, Mr. Bubalo actually started his career on the other side of the courtroom. He was a medical malpractice defense attorney for years. That experience has proven invaluable in his work today, where he applies what he knows about defensive strategies.A published author, Mr. Bubalo is also a member of the Kentucky Justice Association.When he is not at his practice, Mr. Bubalo enjoys spending time with his wife, as well as skiing and cycling.
Mark J. Neal
Mark J. Neal is a civil litigation trial and appellate attorney with ,Neal Law, and represents clients in the state of Louisiana. He handles matters of personal injury, insurance defense, auto & trucking accident defense, insurance coverage, workers compensation, legal malpractice and disciplinary defense, employment litigation, corporate, business and banking litigation and municipal litigation. For his high ethical standards and long list of successful results, he holds the highest peer review rating possible of AV Preeminent from Martindale-Hubbell.Born in Monroe (1971), Mr. Neal graduated from St. Frederick High School and earned a BBA from University of Louisiana-Monroe, graduating ,magna cum laude, in 1993. In 1996, he earned his Juris Doctorate from LSU. Currently, he is a member of the preminent invitation only organizations ,American Board of Trial Advocates, & ,International Association of Defense Counsel,. He is a faculty member for ,Louisiana Association of Defense Counsel, Annual Trial Academy and spent six years as an LADC Director. Mr. Neal served on the Board of Directors for the largest international association of civil defense lawyers: ,DRI-The Voice of the Defense Bar, (2012-2015). He is a member of, LSU Law Deans Council, and Director of ,National Foundation for Judicial Excellence,.Licensed to practice in all federal and state courts in Louisiana and the United States Supreme Court, his trial experience extends to almost every appellate and parish court in Louisiana, and he has argued more than 60 cases to several courts of appeal and has tried (first chair) over 170 nonjury and jury cases to judgment.Mr. Neal was president of ,University of Louisiana Monroe Athletic Foundationand is actively involved with the Governmental Affairs Committee for the ,Monroe Chamber of Commerce. ,He serves on the Board of Directors for the Monroe ,YMCA,.The son of a coach, referee and umpire, Mr. Neal has coached youth baksetball and baseball for 12 years. 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.
Jeffrey I. Amtman
Jeffrey I. Amtman is the founder of his own firm in Englewood, New Jersey. Serving clients in Bergen, Passaic, Hudson and Essex counties, he focuses his practice primarily on plaintiffs personal injury and wrongful death litigation, assisting people who have suffered losses as a result of the negligence of other parties. The types of cases Mr. Amtman handles include medical malpractice, defective products, premises liability and motor vehicle accidents. He also helps clients who are seeking to obtain their rightful benefits under their employers workers compensation insurance coverage or through Social Security Disability Insurance. Mr. Amtman is a member of the Million Dollar Advocates Forum, an invitation-only organization limited to attorneys who have received settlements or jury awards of at least seven figures on behalf of their plaintiff clients.Mr. Amtman received a Bachelor of Arts in history from Lehigh University in 1982. He then pursued his legal education at what was then known as the University of Bridgeport Law School and obtained his Juris Doctor in 1985. Mr. Amtman was associated with two other area personal injury firms until starting his own practice. Admitted to practice before all New Jersey and New York state courts, he is also admitted to practice before the U.S. District Court for the District of New Jersey.A member of the board of governors of the New Jersey Association for Justice, Mr. Amtman remains an active participant in that organization and in several other legal groups as well. His memberships include the National Organization of Social Security Claimants Representatives and the American Association for Justice. He is fluent in English, Spanish and Portuguese.
Robert A. Miklos
An attorney at Silberstein, Awad & Miklos, P.C. Robert A. Miklos focuses his practice exclusively on personal injury and wrongful death litigation, and he provides representation to clients throughout the New York City metropolitan area and other parts of the state from the firms office on Long Island. Mr. Miklos primarily assists people who have been harmed economically and noneconomically by the negligence of other persons or entities in cases involving birth injuries, surgical errors, misdiagnoses, hospital negligence and other instances of medical malpractice. Other types of matters that he has handled have arisen out of construction site and other workplace accidents, premises liability and motor vehicle crashes.During his career, Mr. Miklos has been able to obtain several settlements and jury awards over the amount of $1 million for his plaintiff clients. This has resulted in his being selected to both the Million Dollar Advocates Forum and the Multi-Million Dollar Advocates Forum. His fellow professionals have taken note of his successful track record and high degree of ethics as well, and they have awarded Mr. Miklos a 10.0 Superb peer review rating through Avvo.Mr. Miklos is a graduate of the State University of New York at Albany, receiving a Bachelor of Arts cum laude in 2006. He then went on to attend St. Johns University School of Law in Queens and was awarded his Juris Doctor in 2009, and he has been with his current firm since that time. Admitted to practice before all New York state courts, Mr. Miklos is also admitted to practice before the U.S. District Courts for the Eastern and Southern Districts of New York. He is a member of the board of directors of the New York State Trial Lawyers Association.
Monty L. Cain
Monty L. Cain is an attorney at Cain Law Office in Oklahoma City, Oklahoma. Mr. Cain focuses his practice on personal injury law, representing clients in matters involving car accidents, medical malpractice, product liability, Social Security Disability, truck accidents and workers compensation. He serves clients throughout the Oklahoma City metropolitan region.Mr. Cain has more than 20 years of experience and provides personalized and dedicated representation to injured victims. Over his career, he has recovered millions of dollars in successful verdicts and settlements for his clients. He is passionate about helping Oklahoma residents who have been injured or lost a loved one due to a catastrophic injury receive just compensation.Active in his legal community, Mr. Cain belongs to the Oklahoma County Bar Association, the South Oklahoma City Lawyers Association, the Oklahoma Bar Association, the Oklahoma Association for Justice and the American Bar Association. His success has resulted in recognition from the National Trial Lawyers, who selected his name among the top trial lawyers.Born and raised in Oklahoma, Mr. Cain earned a bachelors degree in petroleum land management from the University of Oklahoma and subsequently spent many years working in the petroleum industry. He received his law degree from Oklahoma City University School of Law.Following law school, Mr. Cain developed his legal skills by working for a private Oklahoma based firm. He founded Cain Law Office in 2011. He holds an active law license before all Oklahoma state courts, the U.S. District Court for the Western District of Oklahoma and the U.S. Court of Appeals for the 10th Circuit.
Harry A. Dorian, Jr.
As managing shareholder and senior partner at Dorian, Goldstein, Wisniewski & Orchinik, P.C. Harry A. Dorian Jr. has almost 40 years experience representing clients in all types of negligence matters involving serious injuries. He has been named Pennsylvania Top Lawyer, as reported in Philadelphia Magazine, for more than 10 years in a row, He has received a Superbrating from Avvo (with a perfect 10/10 score). For the past 25 years, he has earned the highest possible Peer Review rating of AV Preeminent from Martindale-Hubbell for superior ethics and legal ability.Mr. Dorian handles serious injury cases related to medical malpractice, nursing home negligence, motor vehicle accidents, slip and falls, premises liability, general negligence, toxic torts, defective products, pharmaceutical liability and health care law. He has lectured and taught at legal seminars for attorneys, and at continuing education classes for medical and dental health professionals regarding patient safety and malpractice issues.At Pennsylvania State University, Mr. Dorian earned a Bachelor of Arts in English, graduating with honors. He then went on to Ohio Northern University Petitt College of Law to earn a Juris Doctor in 1978. While there, he was Co-Editor and writer for the Ohio Northern Law Review. Professional memberships and associations include the American Bar Association, Pennsylvania Bar Association, Bucks County Bar Association, Philadelphia Bar Association, American Association for Justice, Pennsylvania Association for Justice, Philadelphia Trial Lawyers Association and the Lawyers Club of Philadelphia.Mr. Dorian has obtained numerous multimillion-dollar recoveries for his clients and he is a Certified Member of the Million Dollar Advocates Forum. He has tried cases in federal and state courts throughout Pennsylvania. He has been appointed a Special Judge Pro Tempore by the Philadelphia Court of Common Pleas and is a frequent Arbitrator for the Bucks County Court of Common Pleas.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.
Heidi G. Villari
As managing partner at The Villari Firm, PLLC, Heidi G. Villari represents people in Philadelphia, Pennsylvania, who have suffered due to a personal injury, wrongful death and medical malpractice. Her aggressive approach to holding people accountable for their wrongdoing has resulted in a number of favorable outcomes for clients.Prior to the advocacy she does for clients today, Ms. Villari was an attorney who defended people facing personal injury lawsuits. She uses that experience when advocating for clients, where she understands the tactics at play and how to obtain compensation. To date, Ms. Villari has obtained up to $80 million in settlement and awards.One of Ms. Villaris most notable cases involved a client who was injured in a helicopter crash. Ms. Villari took the case to trial, that resulted in an $8 million award. In another case, she negotiated a $20 million settlement on behalf of two twin babies who suffered a severe hypoxic injury at 20 weeks gestation and a $9.75 million dollar settlement involving a man who suffered complete blindness following surgery. She also recovered a $2million dollar settlement for parents whose infant died due to a negligent labor and delivery. These are just a few of the many seven-figure awards she has obtained. For successes like these, she holds an Avvo Excellentrating.In 1993, Ms. Villari earned a Bachelor of Arts in English from Villanova University. She then received a Juris Doctor in 1998 from the Widener University Commonwealth Law School. While in law school, she took part in moot court competitions.Today, she is a member of the Pennsylvania Association for Justice, the Pennsylvania Bar Association, the Philadelphia Bar Association and the Justinian Society. She is a Board Member of the Pennsylvania Trial Lawyers Association.Outside her practice, Ms. Villari serves as a judge pro tempore and teaches fellow attorneys through continuing education courses. She also enjoys spending time with her son and exercising.
Douglas G. McCormick
A partner at the law firm of McCormick and Vilushis, which serves Erie, Pennsylvania, and the surrounding cities, attorney Douglas G. McCormick assists his clients in cases that involve matters such as personal injury, criminal defense, workers compensation and Social Security. He helps his clients to obtain the compensation they need to cope with their injuries resulting from car accidents, medical malpractice and other instances of negligence.Mr. McCormick began his education at Bucknell University in Lewisburg, where he majored in anthropology, earning his Bachelor of Arts cum laude in 2000. He then went on to pursue his juris doctor at Washington Universitys St. Louis School of Law in 2004, graduating with high distinction. While he was in school, he enjoyed membership in the fraternity Sigma Chi.After graduating from law school, Mr. McCormick became admitted to practice law in the state of Pennsylvania in the same year. He then went on to serve for three years as the assistant district attorney for the Erie County District Attorneys office. While there, he gained the experience of arguing constitutional issues, among other cases, before the Pennsylvania Supreme Court, giving him a unique insight into the legal system. He went on to join his current firm in the year 2008.In order to forge professional relationships and stay up-to-date in his field, Mr. McCormick holds membership in a number of legal organizations. These include the Erie County Bar Association as well as the Pennsylvania Bar Association. He has been recognized by his peers for several consecutive years for his work in workers compensation cases.
Daryl L. Derryberry
Daryl exclusively limits his practice to the representation of individuals and businesses who have been the victims of the negligent and wrongful acts of corporations and individuals in catastrophic injury and wrongful death cases. He is dedicated to pursuing those individuals and corporations who have acted in any manner that has caused the firms clients to sustain injuries, harms and losses by acting in a manner that is inconsistent with basic safety rules applicalbe to all persons and corporations.My philosophy is to zealously represent the victims, and their families, who are dealing with the wealthy corporations and their insurers who constantly deny and defend the negligent actions that caused my clients injuries, harms and losses. I focus on the basic safety rules that the corporations and/or individuals violate in causing the wreck or incident that resulted in the catastrophic injuries or death. I have found that corporations continually disregard basic safety rules because they value money and profits much more than the safety of the families in the communities in which these corporations operate.Daryl is dedicated to making sure individuals and corporations are held accountable when they violate basic safety rules which endanger all members of all communities in which the safety rules were violated. Daryls primary goal is to make our communities SAFE one case at a time.
Widely known for both her high-profile cases and her appearances as a legal analyst on major broadcast networks, Anne M. Bremner is the founder of her eponymous law firm based in Seattle, Washington. She focuses her practice largely on civil litigation and criminal defense matters, and her successful track record and high degree of ethics have earned her the respect of her colleagues, as evidenced by her receipt of an AV Preeminent peer review rating through Martindale-Hubbell and a 10.0 Superb peer review rating through Avvo.Prior to entering private practice, Ms. Bremner spent several years as an attorney with the Criminal Division of the King County Prosecutors Office, where her caseload consisted largely of prosecuting people who had been accused by the state of having committed sex crimes. She obtained successful outcomes in more than 200 cases overall, and she now takes this experience into account when she is anticipating the types of tactics that she might face in her criminal defense practice. Ms. Bremners current caseload also encompasses civil rights, police brutality, personal injury and wrongful death litigation, and real estate title and escrow disputes. Her clients have included the famous magician and illusionist David Copperfield, the Des Moines Police Department, and the family members of a missing person whose disappearance made national news.As an undergraduate, Ms. Bremner attended Stanford University, where she majored in history and received a Bachelor of Arts with honors in 1980. She then pursued her legal education at what was then known as the University of Puget Sound School of Law and was awarded her Juris Doctor in 1982. After her tenure as a prosecutor, Ms. Bremner was a partner at a Seattle firm before opening Anne Bremner PC in 1982.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.