Negligence is the failure to exercise reasonable care. At the time this article was written, the law required every driver to carry a minimum of $25,000 per person and $50,000 per incident (25/50). PIP coverage addresses this problem. In the name of courage, they would hide symptoms, not ask for help when there was help hovering around them anxious to give them succor…. It’s something you use when it’s to your advantage, and something that you don’t use when it’s not to your advantage.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
- Marc W. June
- Ronald D. Mercaldo
- Jonathan T. Levy
- Bradley J. Myers
- David M. Gottesman
- Todd B. Barsotti
- Phillip J. Henry
- Kathleen M. Kearney
- James E. Hacker
- James F. Foley
- Susan Machler
- Jonathan D. Grunberg
Marc W. June
The founder of his own law firm, Law Office of Mark June, located in Anchorage, Alaska, Mark W. June has extensive experience providing representation to clients throughout the state. Focusing his practice primarily on personal injury litigation, he assists those who have been harmed by the negligence of others in cases involving motor vehicle accidents, premises liability, defective products, airplane crashes, workplace accidents and wrongful death. Mr. June also handles maritime and admiralty law matters.Mr. June received a Bachelor of Arts with distinction from Stanford University in 1977, and he was awarded his Juris Doctor by UCLA School of Law in 1980. While he was in law school, he served on the UCLA Law Review. After graduation, he spent several years as an associate and then as a partner at one of Anchorages largest law firms before opening his own practice in 1996. Admitted to practice in Alaska, Mr. June is also admitted to practice before the U.S. District Court for the District of Alaska, the U.S. Court of Appeals for the 9th Circuit and the U.S. Supreme Court.Highly regarded by his fellow professionals, Mr. June has received an AV Preeminent peer-review rating through Martindale-Hubbell and a Superb peer-review rating through Avvo. He has also been selected for inclusion in The Best Lawyers in America. Mr. June is actively involved in several legal organizations. His memberships include the American Association for Justice, the American Board of Trial Advocates, the American Bar Association and the Alaska Association for Justice. Mr. June is also a member of the Ethics Committee of the Alaska Bar Association, and he serves on the board of directors of Alaska Legal Services Corporation.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.
Ronald D. Mercaldo
The founder of The Mercaldo Law Firm located in Tucson, Arizona, Ronald D. Mercaldo focuses his practice exclusively on personal injury and wrongful death litigation. He provides representation to clients in the state and across the Southwest who have been harmed by the negligence of others in cases involving medical malpractice, commercial vehicle accidents and similar matters.As an undergraduate, Mr. Mercaldo attended the University of Arizona and received a Bachelor of Science in 1967. He then went on to attend what was then known as the University of Arizona James E. Rogers College of Law and was awarded his Juris Doctor in 1971. After graduation, Mr. Mercaldo spent several years at a civil litigation firm that provided defense counsel to insurance companies in personal injury lawsuits until founding The Mercaldo Law Firm in 1978. This experience has served him in good stead in his plaintiffs practice as it allows him to anticipate the strategies that insurers are likely to employ. Admitted to practice in Arizona and before the U.S. District Court for the District of Arizona, Mr. Mercaldo has been certified by the State Bar of Arizona as a specialist in personal injury and wrongful death.Throughout his long and distinguished career, Mr. Mercaldo has earned the high esteem of his fellow attorneys for his superb ethics and excellent record on behalf of his clients. This is attested to by his receipt of an AV Preeminent peer-review rating through Martindale-Hubbell and a Superb peer-review rating through Avvo. He has been an active participant in the State Bar of Arizona, and he is a former chairman of its Professionalism Committee. Mr. Mercaldo has also served on its Civil Jury Instructions Committee, and he is a member of several other legal organizations, including the American College of Trial Lawyers.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.
Jonathan T. Levy
Attorney Jonathan T. Levy is a managing shareholder with the Rosenthal, Levy, Simon & Ryles law firm, which has offices located in West Palm Beach and Port St. Lucie, Florida. Board-certified as a civil trial lawyer by the Florida Supreme Court and possessing more than 24 years of legal experience, Mr. Levy represents clients throughout Palm Beach, Martin and St. Lucie counties who have legal needs involving any of the following:,Personal injury,Wrongful death,Insurance disputes,Social Security Disability,Understanding the stress and anxiety his clients are experiencing over their situations, Mr. Levy strives to develop personal relationships with his clients to deliver the individualized attention and dedicated support they deserve. Throughout his career, he has earned a reputation for always providing aggressive legal advocacy to help his clients achieve the full amount of compensation for the damages they incurred. Furthermore, he has achieved considerable success fighting for the rights and entitlements of those in need in state and federal courts across his region.Recognized for his impeccable professionalism and exceptional legal abilities, Mr. Levy holds an AV Preeminent peer review rating from Martindale-Hubbell as well as many other accolades from his peers. Having recovered millions of dollars for his plaintiff clients, he is also a member of Million Dollar Advocates Forum, and he has received numerous positive reviews and referrals from his satisfied clients.A graduate of the University of Vermonts Political Science Honors Program, Mr. Levy obtained his Juris Doctor from the University of Wisconsin Law School in 1995. He is licensed to practice in Wisconsin as well as Florida, and he is also admitted to practice before the U.S. District Court for the Southern and Middle Districts of Florida.A leader in his field, Mr. Levy once served as president of the Palm Beach County Justice Association and as past chair of the Florida Justice Associations Young Lawyers Section. He also currently serves as commissioner for the Statewide Nominating Commission for Judges of Compensation Claims, and he is active with the American Board of Trial Advocates, the Palm Beach County Bar Association and both the American and Florida Justice Associations.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.
1401 Forum Way, Sixth Floor,, West Palm Beach FL 33401
Bradley J. Myers
For years, Bradley J. Myers has been an advocate for victims of negligence. As a partner at THE702FIRM, he works with clients in Las Vegas, Nevada, who have suffered a personal injury. Mr. Myers regularly obtains seven-figure settlements and verdicts for those he represents, ensuring they receive the compensation necessary to move forward with their lives.In 1999, Mr. Myers received a Bachelor of Arts in history from Arizona State University. He went on to earn a Juris Doctor and graduate cum laude from the California Western School of Law in 2004.Before he began working with plaintiffs, Mr. Myers spent two years on the other side of the courtroom, representing insurance companies. He brings that experience to his practice today, where he understands how the defense works. His caseload involves all aspects of personal injury, including slip-and-fall cases, dog bites, commercial vehicle accidents, birth injuries and car accidents. Whether he is in litigation or negotiation, he strives to meet one goal: his clients best interests.Thanks to his results-oriented approach, Mr. Myers has received multiple honors and awards, including membership in the Multi-Million Dollar Advocates Forum; holding the highest possible rating of AV Preeminent from Martindale-Hubbell; and receiving the American Institute of Legal Counsels 10 Best Under 40 Client Satisfaction Award. He also has been selected for The National Trial Lawyers: Top 100 and The National Trial Lawyers: Top 40 under 40.When he is not at his practice, Mr. Myers can be found working with various legal organizations such as the State Bar of Nevada, the American Association for Justice, the State Bar of Arizona and the Clark County Bar Association.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.
David M. Gottesman
The co-founder of Gottesman & Hollis. P.A. David M. Gottesman focuses his practice exclusively on personal injury and wrongful death litigation. From the firms offices in Nashua, New Hampshire, he represents clients throughout the state. Admitted to practice in both New Hampshire and Massachusetts, Mr. Gottesman is also admitted to practice before the U.S. District Court for the District of New Hampshire, the U.S. District Court for the District of Massachusetts, and the Supreme Court of the United States.Mr. Gottesman provides advice and counsel to people who have been harmed by the negligence of other parties. The types of cases that he has handled in this regard have involved motor vehicle crashes, medical malpractice, nursing home abuse, defective products, premises liability, workplace accidents and auto-pedestrian knockdowns. Throughout his distinguished career, Mr. Gottesman has been able to obtain significant compensation for his clients through jury awards and negotiated settlements, and his colleagues have taken note of both his successful track record and high degree of ethics. The recipient of an AV Preeminent peer review rating through Martindale-Hubbell and a 10.0 Superb peer review rating through Avvo, he has also been selected for inclusion in The Best Lawyers in America every year since 2003, and in 2012, he was inducted into the International Society of Barristers.Mr. Gottesman is frequently asked to deliver presentations to groups of fellow professionals on topics related to his practice area, and he has appeared on local and national media outlets. A 1970 recipient of a Bachelor of Arts in economics from the University of New Hampshire, he obtained his Juris Doctor from Suffolk University Law School in 1973. A member of the New Hampshire Association for Justice and several other legal groups, Mr. Gottesman is active in his community as well, including having served as a New Hampshire State Senator for District 12 from 2004-2008.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.
Todd B. Barsotti
Attorney Todd B. Barsotti is the founder and owner of Todd B. Barsotti, A Professional Law Corporation, located in Fresno, California. A native of the San Joaquin Valley region, Mr. Barsotti holds a genuine concern for the legal matters that affect the members of his community, and through his law firm, he represents the rights and interests of those facing tough and complex legal challenges involving employment and labor law as well as personal injury and wrongful death claims.A 1985 graduate of the University of the Pacific, Mr. Barsotti attended San Joaquin College of Law, where he won the Outstanding Oral Advocate award for his contributions to the schools George A. Hopper Moot Court Competition.He obtained his Juris Doctor in 1990, and that same year, The State Bar of California admitted him to practice. He is also admitted to practice before the U.S. District Courts for the Northern and Eastern Districts of California. In addition, Mr. Barsotti has served as judge pro tem for the Fresno County Superior Court and the Madera Superior Court for the past several years.A highly rated trial lawyer, Mr. Barsotti has received numerous awards and honors for his impeccable professionalism and exceptional legal abilities. Along with holding a Martindale-Hubbell Distinguished rating, he was voted among the countrys Top 100 Trial Lawyers by The National Trial Lawyers in 2016 and 2017.Fully committed to his profession, Mr. Barsotti is a member of several local, state and national bar associations, and he maintains an active presence with The National Advocates. In addition to having served on the organizations executive committee since 2017, he also received recognition as a Top 100 trial advocate in 2016. He also serves on the employment committee for the Association of Defense Counsel of Northern California and Nevada.Well-versed in his practice areas, he writes extensively and conducts lectures across the region on a variety of topics related to civil litigation and employment law issues.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.
Phillip J. Henry
Phillip J. Henry is a managing attorney with Phillips & Mille Co. L.P.A. Phillips & Mille represents clients in matters of estate planning, Medicaid planning, probate and elder law. Phillips & Mille has offices in Middleburg Heights, Penninsula, Lakewood and Medina to serve clients needs. Mr. Henry is an aggressive litigator who is passionate about protecting each client and their rights. Whether representing a client pursuing a claim or one defending against a claim, Mr. Henry will make recommendations as to what options are in the clients best interest. Mr. Henry is experienced in the following areas of litigation: appellate advocacy, collections, commercial litigation, consumer protection, corporate disputes, criminal defense and personal injury. He also practices in real estate and corporate law.Mr. Henry earned a Bachelor of Arts in psychology from the University of Toldeo in 1995, and obtained a Juris Doctorate from the University of Akron School of Law in 1999. He has been a presenter at the Advanced Litigation Seminar in West Palm Beach Florida in March of 2011, as well as at the Cleveland Association of Paralegals Spring Seminar in May of 2015.Mr. Henry is a member of a long list of professional organizations and is actively involved in improving the profession. These include the Ohio State Bar Association, the Cleveland Metropolitan Bar Association, and the Cleveland Metropolitan Bar Association Lawyer Referral Service.Community involvement is important to Mr. Henry. He is a member of the Berea Kiwanis, and serves on the Board of Trustees for the Berea and Middleburg Heights Chamber of Commerce. He is a member of St. Adalberts Church in Berea where he is a Eucharistic Minister and is involved in the Pre-Cana Program. He is also a member of the Berea Midpark Middle School PTA, the Berea Midpark High School PTA, he is involved in the Orchestra Boosters, and a volunteer with Junior Achievement. He has served as a soccer coach for the Berea Youth Soccer Club, a football coach for Lou Groza Football, was a Cub Scout Den Leader for five years as well as a Junior Achievement Volunteer at Grindstone Elementary School for eight years.
Kathleen M. Kearney
Attorney Kathleen M. Kearney is the founder of Kearney Law Firm, PLLC, located in Dallas, Texas. Ms. Kearney concentrates her practice on personal injury law and serves clients in Dallas and throughout the state of Texas.Ms. Kearney holds a bachelors degree in nursing from Boston College Connell School of Nursing and a masters degree in nursing from Emory University Nell Hodgson Woodruff School of Nursing. She earned her law degree from Suffolk University Law School and obtained her law license in 2006.The recipient of various honors, The National Trial Lawyers included Ms. Kearney on the Top 40 Under 40list multiple years in a row. The American Association of Nurse Attorneys and Big Brothers Big Sisters Lone Star also presented her with awards over the years.Ms. Kearney is a member of several professional legal organizations, including the Dallas Trial Lawyers Association, the Dallas Women Lawyers Association, the Texas Trial Lawyers Association, the American Association for Justice and the Dallas Association of Young Lawyers Foundation. She regularly participates in mock trial competitions and Tom W. Field Elementary Schools annual career day.Ms. Kearney also belongs to various professional nursing organizations. She serves on the board of trustees for The American Association of Nurse Attorneys and volunteers her time for groups, including the Dallas Bar Association LegalLine.Admitted to practice before all Texas state courts, Ms. Kearney is also qualified to practice before the U.S. District Courts for the Northern and Eastern Districts of Texas, the Supreme Court of Texas and the Supreme Court of the United States. She holds various nursing certifications and is a registered nurse in Texas and Massachusetts.
4310 N. Central Exwy., Suite 110,, Dallas TX 75206
James E. Hacker
Attorney James E. Hacker is the managing partner of the E. Stewart Jones Hacker Murphy law firm, which has several offices located throughout the greater Capital District of New York. Nationally recognized as one of the leading trial lawyers in the country, Mr. Hacker represents a diverse range of clients throughout his region with legal needs involving commercial litigation and plaintiff personal injury claims.Jim is 1981 graduate of Hamilton College where he is a member of the Board of Trustees. He is a 1984 graduate of Albany Law School where he chairs the Board of Trustees. Jim is an elected fellow of the American College of Trial Lawyers, one of the premier legal associations in North America. The College is comprised of the best of the trial bar from the United States and Canada a membership is by invitation only. Jim is also an elected fellow of the International College of Trial Lawyers where membership is also by invitation only.Highly active in his legal community, Mr. Hacker is the past president of the Albany County Bar Association, and he serves as regional vice president of the New York State Trial Lawyers Association. He is also the former president of the Capital District Trial Lawyers Association, where he received the organizations Daniel H. MahoneyAward in 2016. As an advocate for those less fortunate, Mr. Hacker also serves on the Board of Directors of the Legal Aid Society of Northeastern New York.He has been repeatedly listed in Best Lawyers in America and has maintained the highest rating provided by Martindale - Hubbell. Jim has tried numerous cases to conclusion involving personal injury, medical malpractice , products liability and complex commercial and business disputes.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.Best Lawyers® and The Best Lawyers in America© are registered trademarks of BL Rankings, LLC d/b/a Best Lawyers and Co. LLC. The names, logo, and database are protected under the trademark, copyright, and fair use laws of the United States of America. Any use of name, including in electronic form, must be made only by permission and under the guidelines of BL Rankings, LLC d/b/a Best Lawyers and Co. LLC.
28 2nd St, Troy NY 12180
James F. Foley
In 1975, James F. Foley founded the law firm that is now Foley & Foley in Palmyra, New York. Early in his career, Mr. Foley attained his trial skills in many high-profile criminal cases. For the past 25 years, he has used those skills in personal injury litigation. He focuses on the areas of medical malpractice, product liability, premises liability, wrongful death, construction accidents, car accidents, and highway and bridge accidents caused by defective design.Mr. Foley received his Juris Doctor from The Catholic University of America Columbus School of Law. He is a member of the American Board of Trial Advocates, the New York State Trial Lawyers Association, the New York State Bar Association and the Monroe County Bar Association.Mr. Foley is considered to be one of the leading plaintiffs trial lawyers in upstate New York, and he has obtained substantial judgments for his clients. He was recognized for those accomplishments in New York Top Verdicts in 2008 and 2009. Mr. Foley has been listed in the The Best Lawyers in America since 2008. New York Magazine has listed Mr. Foley as one of the areas top lawyers since 2008. Additionally, he is a member of the Multi-Million Dollar Advocates Forum, and Martindale-Hubbell has recognized him with its highest rating of AV-Preeminent.,Mr. Foleys goal is to help injured plaintiffs obtain just and fair compensation. To that end, he has spent a significant amount of time working with other personal injury attorneys, analyzing trial advocacy from the plaintiffs standpoint and developing innovative trial strategies.The Best Lawyers in America® 2010. Copyright 2009 by Woodward/White, Inc. Aiken, SC,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.
Ms. Machler represents injured people in auto accident, products liability, medical malpractice, and premises liability cases. In 2010, King County paid Osborn Machler a record 10,000,000 for an excessive force case that Ms. Machler worked on. She has significant appellate experience, including ,Armantrout v. Cascade Orthopaedics,, affecting wrongful death claims in Washington. In addition to her other work, Ms. Machler performs pro bono work in the areas of family and administrative law, serves as an MAR arbitrator, and is a settlement guardian at litem in King County. Ms. Machler is governor-elect from the Ninth District for the Washington State Bar Association Board of Governors and also served on the Washington State Association for Justice Board of Governors for several years. Ms. Machler is a member of the King County Bar Association, the State Bar of Montana, and Montana Trial Lawyers Association. She currently serves as a City of Kent arts commissioner and is an oblate at St. Placid Priory in Lacey.
Jonathan D. Grunberg
Jonathan D. Grunberg is a partner at L. Lin Wood, P.C. in Atlanta, Georgia. Mr. Grunberg handles complex civil litigation matters involving defamation, commercial disputes, the False Claims Act, personal injury, professional negligence, and civil rights.Over the course of his career, he has achieved record-setting results for clients in whistle-blower cases involving Medicare fraud and Stark Law violations.Mr. Grunberg holds a bachelors degree in sociology from the University of California, Santa Cruz, and earned his law degree from Duke University School of Law. During law school, he was a member of Duke Law Moot Court Board and edited the Duke Environmental Law & Policy Forum.Following graduation, Mr. Grunberg gained valuable legal experience by clerking for judges in the U.S. District Court for the Northern District of Georgia and the U.S. District Court for the Western District of North Carolina. He has been licensed to practice law in Georgia since 2010.Active in his community, Mr. Grunberg sits on the board of Community Guilds and the Georgia Latino Law Foundation. He is a member of the State Bar of Georgia and co-chair of the Atlanta Black-Jewish Coalitions Project Understanding and co-chair of the Atlanta Black-Jewish Community Seder.
1180 West Peachtree Street, Suite 2040,, Atlanta GA 30309