You don’t know what your rights are or how to protect them. The burden of an injury can be overwhelming, and the uncertainty of your recovery can be terrifying. I encourage you to use these spaces to help you clarify what is important to you and what specific steps you can take to protect yourself and your family in the event of an accident. Driver broke his arm, passenger suffered neck and back injuries and a mild traumatic brain injury, and passenger suffered some scrapes and bruises.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
- Jeffrey S. Hirsh
- John Wellington Wesley
- Troy A. Rafferty
- Harold L. Kirtley, II
- Brad R. Matthews
- Anne Marie Muller- McCrary
- Derek L. Richardson
- Jordan A. Ziegler
- Todd F. Nevell
- Eric Olson
- Ben C. Brodhead
- Stefanie Drake Burford
Jeffrey S. Hirsh
As a partner at Goldberg & Hirsh Law, Jeffrey S. Hirsh takes his job to protect victims of negligence seriously. For decades, he has been devoted to helping people navigate complex personal injury cases involving issues such as medical malpractice, nursing home neglect, negligent security, cruise ship accidents, motor vehicle accidents and wrongful death. From his office in Miami, Florida, Mr. Hirsh has successfully represented clients through negotiations and jury trials.For his achievements, Mr. Hirsh holds the highest peer rating possible of AV Preeminent from Martindale-Hubbell, and the South Florida Legal Guide has listed him as a Top Lawyer. While the accolades are important, what matters most to Mr. Hirsh is securing compensation for people who have suffered damages.The Florida Bar has certified Mr. Hirsh as a civil trial attorney. He knows how to establish the facts surrounding the case as well as illustrate the financial, physical and emotional losses a client has suffered. Though he is compassionate with those he represents, he takes an aggressive stance against the people who are accountable for the injury. He ensures that clients feel heard and supported as their case progresses.In an effort to share his experiences with others, Mr. Hirsh frequently lectures groups about his practice area on topics such as jury selection and causes of action. He also participates in the legal community through organizations such as the Florida Justice Association, the Dade County Bar Association and the American Association for Justice.Admitted to practice in Florida and also in New York, Mr. Hirsh earned his law degree from the St. Johns University School of Law.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.
1 Southeast 3rd Avenue, Suite 3020,, Miami FL 33131
John Wellington Wesley
It is a great honor to be selected as a Rising Star by Florida Superlawyers Magazine for the years 2012, 2013, & 2014. My practice is limited to catastrophic personal injury, medical malpractice, and death claims, as well as workers compensation claims involving third party liability. I am Board Certified in Civil Trial litigation, and am recognized as an expert trial attorney. I was selected by the President of the Florida Bar to serve as one of twelve attorneys in the State on the Civil Trial Certification Committee. I have also been selected to The Top 40 under 40 by The National Trial Lawyers. Attorneys in my firm have been assisting accident victims in Northwest Florida since 1975. We routinely represent accident victims in Okaloosa, Walton, Santa Rosa, Leon, Bay, Escambia and other Panhandle counties. I have cultivated longstanding relationships with medical providers in our community which enable my clients to compete on an even playing field with even the most well funded defendants and insurance companies. Not all attorneys have the skill, financial resources, and willingness to take personal injury cases to jury trial. My firm does, and we regularly try multiple cases to verdict every year. Personal injury cases require an attorney who focuses on that area of the law. Not all attorneys can draft a contract or write a will, and certainly not all attorneys can handle the complex issues involved in personal injury litigation. If you need an expert trial attorney in Fort Walton Beach, Destin, Pensacola, Navarre, Rosemary Beach, DeFuniak Springs, Panama City, Seaside, Tallahassee, or any of the surrounding areas, please give me a toll free call at 877-744-0999 to set up a free consultation. You may learn more about my firm, our experience, or arrange for a free consultation by visiting us on the web at ,www.Wesley-Law.com,.
Troy A. Rafferty
Troy Rafferty is a shareholder at Levin, Papantonio. He litigates mass tort, pharmaceutical, and major personal injury cases throughout the country. Mr. Rafferty has been recognized as one of the countrys top lawyers through inclusion in the publication,The Best Lawyers in America,, as well asThe Legal 500,. He has also been recognized as one of Floridas top lawyers by Florida Top Lawyers. Mr. Rafferty has been awarded an AV rating by Martindale-Hubbell legal directory, the highest rating for competence and ethics issued by that publication, and reserved for attorneys designated as outstanding in their field. Mr. Rafferty has been selected by the American Trial Lawyers Association as one of the Top 100 Trial Lawyers. He is a fellow in the International Society of Barristers.Mr. Rafferty has been appointed to handle some of the nations largest pharmaceutical and mass tort cases. He currently serves as co-lead counsel in theIn re: Gadolinium Based Contrast Agent Litigation,, which is pending in the U.S. District Court for the Northern District of Ohio; the Plaintiffs Executive Committee in theIn re: Abilify Products Liability Litigation, pending in the U.S. District Court for the Northern District of Florida; the Plaintiffs Executive Committee in theIn re: Benicar Products Liability Litigation, pending in the U.S. District Court for the District of New Jersey; the Plaintiffs Steering Committee in theIn re: Actos (Pioglitazone) Products Liability Litigation, pending in the U.S. District Court for the Western District of Louisiana; and the Plaintiffs Steering Committee in theIn re: Fresenius Granuflo/Naturalyte Dialysate Products Liability Litigation, pending in the U.S. District Court for the District of Massachusetts.He also has been appointed by the U.S. District Court for the Western District of Kentucky to serve on the Executive Committee for the Plaintiffs Steering Committee regarding the Yamaha Rhino defective product litigation. He was appointed by the U.S. District Court for the Eastern District of Louisiana to serve on the Plaintiffs Steering Committee in the national Vioxx Litigation, which resulted in a $4.7 billion national settlement. He was also appointed to the Plaintiffs Steering Committee in the national Zyprexa Litigation in the United States District Court for the Eastern District of New York. This litigation resulted in a $700 million settlement on behalf of clients throughout the country. Mr. Rafferty was also one of the leading attorneys in the national Rezulin litigation, which was filed in the Southern District of New York. In 2001, he and his partner obtained a $40 million jury verdict in Corpus Christi, Texas for a woman who took the diabetes drug Rezulin. He has tried numerous complex pharmaceutical cases throughout the country.Mr. Rafferty is board certified in civil trial law by The Florida Bar. He is active in the Florida Justice Association, where he is an officer and in the past served on the Executive Committee and the Board of Directors. In 2009 and 2010, he was awarded the Gold Eagle Award for exhibiting a steadfast duty to protect and defend civil justice.,Mr. Rafferty is a frequent lecturer throughout the country to trial lawyers on mass tort litigation and general trial practice. He is currently licensed to practice law before all Florida state courts, the United States District Courts for the Northern and Middle Districts of Florida, and the United States Court of Appeals for the Eleventh Circuit.Mr. Rafferty is an active philanthropist, and along with donating to local charities, he also funds two local scholarships under his name (The Rafferty Scholarship/Award), which are awarded annually to two area high school prep athletes. Each of the area high schools also competes to be awarded the Rafferty Cup for excellence in athletic achievement.
Harold L. Kirtley, II
A partner at OBrien Batten & Kirtley, PLLC, Harold L. Kirtley, II focuses his practice exclusively on personal injury and wrongful death litigation. From the firms office in Lexington, Kentucky, he provides dedicated representation to clients throughout the area and across the state who have suffered economic and noneconomic losses due to the negligence of other persons or entities. Mr. Kirtley places a strong emphasis on cases arising out of medical malpractice and nursing home negligence and abuse, but his experience also extends to truck and other motor vehicle accidents, premises liability, and defective products.Throughout his distinguished career, Mr. Kirtley has been able to obtain several high-dollar settlements and jury awards on behalf of his plaintiff clients. His fellow professionals have taken note of both his successful track record and his high degree of ethics, and they have awarded him an AV Preeminent peer review rating through Martindale-Hubbell, an honor which is held by only approximately 10 percent of all attorneys. Admitted to practice in Kentucky, Mr. Kirtley is also admitted to practice before the U.S. District Courts for the Eastern and Western Districts of Kentucky and the U.S. Court of Appeals for the 6th Circuit.Mr. Kirtley attended the University of Kentucky in Lexington, where he obtained a Bachelor of Arts in journalism in 1999 as well as a Bachelor of Science in agriculture in 2000. He then went on to pursue his legal education at the University of Tennessee College of Law in Knoxville, where he served as the chair of the Moot Court Board and was named to the Order of Barristers before being awarded his Juris Doctor in 2003. His professional memberships include the Kentucky Justice 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.
Brad R. Matthews
Brad R. Matthews is an attorney at Gordon McKernan Injury Attorneys in Baton Rouge, Louisiana. Mr. Matthews practices personal injury law, serving clients throughout Louisiana who have been harmed in car accidents, truck accidents, pedestrian accidents, bicycle accidents and more. He represents residents in Baton Rouge, Alexandria, Denham Springs, Lake Charles, Zachary and more areas.After graduating from the University of Alabama with a bachelors degree in corporate financial management, Mr. Matthews earned his law degree from the Louisiana State University Paul M. Hebert Law Center. He is admitted to practice in all Louisiana state courts, the state courts of Alabama and is licensed to appear before the U.S. District Courts for the Western, Middle and Eastern Districts of Louisiana.Mr. Matthews has several years of experience and has recovered millions of dollars in verdicts and settlements for those he has represented throughout his career, earning him a place in the Million Dollar Advocates Forum, an organization of which less than a single percent of attorneys are members. Before devoting his practice to personal injury law, he clerked for a federal district judge and worked for a defense firm, gaining a broad range of civil litigation knowledge.In addition to his law practice, Mr. Matthews is a member of various professional organizations. He is a member of the Baton Rouge Bar Association, the Louisiana State Bar Association and the American Bar Association. He also belongs to the Louisiana Association for Justice and is a member of the fraternity Sigma Nu.
Anne Marie Muller- McCrary
An attorney with Gordon McKernan Injury Attorneys, Anne Marie Muller-McCrary provides representation to clients who have been harmed by the negligence of other parties. From the firms office in Baton Rouge, Louisiana, she handles cases involving medical malpractice, premises liability, motor vehicle accidents, wrongful death, toxic torts and defective products. Her prior experience as an attorney for a New Orleans insurance defense firm and as in-house counsel for a major insurance company has given Ms. Muller-McCrary a particular insight into the types of tactics she expects to be utilized by the defendants in her personal injury and wrongful death lawsuits.Ms. Muller-McCrary attended the University of Miami as an undergraduate, where she majored in both English literature and business administration and received a Bachelor of Arts in 2005. She then pursued her legal studies at Loyola University New Orleans College of Law and was awarded her Juris Doctor in 2009. While in law school, she coached an intramural trial advocacy team. She also spent a summer at the University of Vienna / Law School taking a course in international legal studies and another summer at Eötvös Loránd University in Budapest, Hungary. At her graduation, she was inducted into The Order of Barristers, a national honorary association.Admitted to practice before all Louisiana state courts, Ms. Muller-McCrary is also admitted to practice before the U.S. District Courts for the Eastern, Middle and Western Districts of Louisiana. In order to stay abreast of current developments in personal injury and wrongful death trial tactics and procedures as well as to forge connections with fellow members of the bar, she is an active participant in several legal organizations.
Derek L. Richardson
Attorney Derek L. Richardson is a partner at Rosenberg, Kirby, Cahill, Stankowitz & Richardson, in Toms River, New Jersey. Mr. Richardson primarily focuses his practice on workers compensation law and handles criminal defense and personal injury matters. He serves clients in Monmouth and Ocean counties in New Jersey.Mr. Richardson earned a bachelors degree in political science from Villanova University and received his law degree from Seton Hall University School of Law. He has been licensed to practice law since 2005 and is admitted in all New Jersey state courts and before the U.S. District Court for the District of New Jersey.While attending law school, Mr. Richardson gained legal experience by interning for an Ocean County Superior Court Civil Division judge. After graduating law school, he clerked for another Ocean County Superior Court judge and joined Rosenberg, Kirby, Cahill, Stankowitz & Richardson as an associate in 2006. He became a partner of the firm in 2013.Over the course of his career, Mr. Richardson has been involved in many significant cases at both the trial and appellate levels. As part of his workers compensation practice, he assists New Jersey residents who have been injured in or outside of the workplace and enjoys making a difference in the lives of his clients.Outside of the office, Mr. Richardson stays actively involved in his legal community. He is a member of professional organizations including the Ocean County Bar Association and the American Inns of Court. He also belongs to the fraternity Beta Theta Pi.
Jordan A. Ziegler
A senior partner at Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP, Jordan A. Ziegler represents clients across the state of New York in cases of workers compensation, medical malpractice, personal injury and Social Security Disability. His high-quality legal services are available to those throughout Suffolk and Nassau counties, including Westchester, Newburgh, the Bronx, Long Island, Manhattan, Queens and Brooklyn.He earned a Bachelor of Arts from George Washington University before moving on to law school, where he earned a Juris Doctor from the Touro College Jacob D. Fuchsberg Law Center. A lifelong learner and educator, Mr. Ziegler is an adjunct professor at Touro Law School.As chair of the firms Civil Service Disability Retirement Pension Department, and a member of the New York State Trial Lawyers Association, the National Association of Police Organizations and the New York Committee for Occupational Safety and Health, Mr. Ziegler is knowledgeable about the risks that workers face every day.Demonstrating his commitment to public servants and employees, Mr. Ziegler serves as the Port Authority Police Benevolent Associations disability counsel and as the Suffolk County Police Benevolent Association Legal Benefit Funds general counsel. His passion for dealing with environmental and occupational medical issues that workers may encounter is highlighted by his service on the World Trade Centers Council Advisory Commission.He has worked with both the city and state retirement systems, along with building trade unions and utility workers throughout the state. Actively engaging his inner writer, he is a regular columnist for journals, newsletters and magazines for police and law enforcement associations.
Todd F. Nevell
Todd F. Nevell is one of the founding partners of the Pasadena, California, firm Scolinos Sheldon & Nevell. Recognized as one of the leading plaintiffs personal injury attorneys in California, Mr. Nevell has an impressive track record for winning awards on behalf of his clients including a $10 million settlement on behalf of a burn victim against a public entity and a $5.3 million wrong death verdict in an electrocution accident.Mr. Nevell is a graduate of Whittier College School of Law and has been in practice since 1993. He is a member of the Consumer Attorneys of California, Consumer Attorneys of Los Angeles and American Association for Justice.
Eric S. Olson is a partner at Eisenberg, Cutt, Kendell & Olson. His practice focuses on catastrophic injury and wrongful death caused by defective products, motor vehicle accidents, construction accidents, and medical malpractice. Mr. Olson has recovered millions of dollars for his clients including numerous settlments over $10 million. He has particular experieince in motor vehicle defects, dram-shop liability and bad-faith litigation.
Ben C. Brodhead
Ben Brodhead is an honors graduate of Harvard Law School and has handled significant personal injury litigation for nearly 20 years. In 1998, Ben founded his own firm dedicated to representing victims of severe personal injury and wrongful death. Brodhead Law, LLC is a successful personal injury firm that is known for aggressively litigating tractor-trailer collisions, auto collisions, and insurance bad-faith cases. Since the firms inception, Ben has successfully litigated hundreds of serious personal injury cases across the country and has recovered tens of millions of dollars in settlements and verdicts for his clients.
Stefanie Drake Burford
Injury Attorney Stefanie Drake Burford of the Stefanie Drake Burford Law Group in Marietta and Cedartown, Georgia, practices personal injury law. Ms. Burford represents clients in cases involving motor vehicle accidents, motorcycle accidents, workplace injuries, wrongful death matters and more all over Georgia, including Cedartown, Rome, Carrollton, Cartersville, Marietta, Atlanta, Dallas, and the surrounding counties of Bartow, Carroll, Floyd, Polk, Cobb, and Cherokee, as well as the Atlanta metropolitan area and West Georgia.After graduating from Georgia Southern University with a bachelors degree in pre-law and political science and a minor in justice studies, Ms. Burford earned her law degree from St. Thomas University School of Law in Miami, Florida. Before opening her firm, she acquired legal experience by working for firms in the Atlanta and northwest Georgia region, and in the Paulding County, Georgia, District Attorneys office. She has been admitted to practice in the State of Georgia since 1999.Ms. Burford has been named an Outstanding Young Lawyerby Atlanta magazine, in their Top Lawyer and Rising Star Section. She has a superb Avvo rating in injury practice involving all auto accidents, trucking accidents, motorcycle accidents and personal injury law. Ms. Burford has also been awarded the Martindale-Hubbell Preeminent 5.0 Rating and the Martindale-Hubbell Client Distinction Award. Outside of her law practice, Ms. Burford enjoys motorcycling and participates in a variety of community motorcycle events to demonstrate her support for the biker community. She is a member of motorcycle related groups including Harley-Davidson Owners Group and ABATE.Ms. Burford has served her community in other roles including CASA, the Sara Hightower Regional Library Systems board of trustees vice-chair and chair of the public safety committee. She also serves in the role of municipal court solicitor for the City of Cedartown and served on the Polk County Board of Commissioners for five years. During her tenure she held the positions of vice chairman and chairman.