I know what it’s like to have to show up for work despite the pain, and then to fill every free moment with doctor appointments, physical therapy, and home exercises. In this article, you will learn how to decide whether you need a lawyer and how to choose the right lawyer for yourself and your family. Roadside assistance coverage is provided by many insurers, and it will provide you with a tow truck, a jump start, or a can of gas when you are stranded.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
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Top Lawyers Pick
- E.G. Cerritelli
- Joel Harris
- D. Bruce Kehoe
- Jesse Minc
- Sydney S. McLafferty
- James Matthew Brown
- Peter Schmit
- Gregory P. Love
- Karen J. Scudder
- Craig W. Carlson
- Mike Fox
- Kevin Patrick
A partner at Knight & Cerritelli, LLC, Gregory Cerritelli represents people living throughout Connecticut, including those in Bridgeport, Danbury, Hartford, West Hartford, Manchester, Middletown, New Haven, New London and Waterbury. Prior to becoming an attorney, Mr. Cerritelli served as a police officer. During that time, he was certified in administering breath tests, he was a volunteer victims advocate, he was trained in the apprehension of people driving under the influence as well as in detecting intoxicated drivers, and he was certified as a counselor for victims of domestic violence.Mr. Cerritellis experiences as a police officer exposed him to the challenges faced by injured victims and by people charged with a crime. As such, he focuses his practice primarily on criminal defense and personal injury, although he also assists law enforcement officers in administrative hearings and other issues. After receiving a Master of Science in Forensic Science from the University of New Haven, Mr. Cerritelli decided to become an attorney and attended Quinnipiac University School of Law, from where he earned a Juris Doctor.Throughout his career as an attorney, Mr. Cerritelli has handled cases including minor traffic offenses, Social Security fraud, murder, federal narcotics offenses, breach of peace, DUI, internet and computer crimes, sexual assault and weapons charges. He uses his in-depth knowledge of the law to investigate all aspects of each case and provide his clients with a full understanding of their rights and options.Involvement with law enforcement and the legal community is a priority for Mr. Cerritelli. He is a member of several organizations, including the Peace Officers Legal Defense Fund, the Connecticut Criminal Defense Lawyers Association and the Fraternal Order of Police. Additionally, Mr. Cerritelli serves as an adjunct professor of criminal justice at the University of New Haven and as a magistrate judge.
Attorney Joel Harris is an associate at Coker Law in Jacksonville, Florida. Mr. Harris focuses his practice on personal injury, dangerous drugs and product liability, serving clients throughout the Miami area.Mr. Harris received a bachelors degree in finance from Auburn University. He earned his law degree from Florida Coastal School of Law. While attending law school, he served as the election supervisor for the student bar associations on-campus elections. In addition, he was the author of the law schools first ever elections code, which governed how elections are run.Upon graduating from law school, Mr. Harris passed the Florida Bar Examination and attained his license to practice law in Florida. He is qualified to appear before all Florida state courts and the U.S. District Court for the Middle District of Florida.Mr. Harris has over a decade of legal experience. Prior to practicing personal injury law at Coker Law, he worked at Morgan Stanley and served as in-house counsel at a Fortune 500 company.Since making the decision to focus his practice on personal injury law, Mr. Harris has settled and litigated many noteworthy cases. One such case involved an award of more than $3 million to an accident victim. He provides personalized service and is committed to aggressively fighting on behalf of victims of a catastrophic injury and their families.Mr. Harris enjoys staying active in the Florida legal community through membership in various organizations. He is a member of the Jacksonville Bar Association, the Jacksonville Justice Association and the Florida Justice Association.
D. Bruce Kehoe
As partner at Wilson Kehoe Winingham, LLC, D. Bruce Kehoe is committed to representing clients in Richmond, Indianapolis and across the state of Indiana. He focuses his practice on personal injury cases that involve the following matters: airplane and helicopter crashes, brain and spinal cord injuries, defective products and birth injuries.After receiving an undergraduate degree in physical therapy from Indiana University, Mr. Kehoe went on to earn a Juris Doctor from the Indiana University Maurer School of Law.A serious injury does more than simply cause physical pain. People who have suffered because of someone elses negligence may also face numerous, overwhelming expenses. With a background in medicine, Mr. Kehoe has a keen insight into the physical, emotional and financial toll personal injury matters can take. Additionally, he is a licensed pilot who understands how the aviation industry works, which provides him a unique perspective in cases involving plane crashes.Mr. Kehoe works diligently to secure maximum compensation for clients and prepares to go to trial on every case. For his successes, he has earned the highest possible rating of AV Preeminent from Martindale-Hubbell; he has been named in The Best Lawyers in America for his work with product liability; he holds an Avvo Superb rating; and the Indiana Trial Lawyers Association honored him with the Trial Lawyer of the Year Award in 2001.Active in the legal community, Mr. Kehoe is a member of the Indiana State Bar Association, the American Bar Association, the American Association for Justice and the Indianapolis Bar Association. He is a fellow with the American College of Trial Lawyers and a former president of the Indiana Trial Lawyers Association. A published author, Mr. Kehoe regularly lectures and provides instruction on law matters. 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. The Best Lawyers in America® 2013. Copyright 2013 by Woodward/White, Inc. Aiken, SC
An attorney at Rosenberg, Minc, Falkoff & Wolff, LLP, Jesse Minc has developed a reputation as an excellent civil trial attorney during his relatively brief career. He focuses his practice exclusively on personal injury and wrongful death litigation, providing representation to people who have incurred economic and noneconomic losses due to the negligence of other persons or entities. Based in Manhattan and fluent in both Spanish and English, Mr. Mincs client base comes from the New York City metropolitan area.The types of matters that Mr. Minc has worked on at his present firm have largely involved medical malpractice, and his clients have benefited from his successful track record on their behalf. A forceful courtroom advocate, he has tried many cases to verdict that have resulted in significant jury awards, and in other cases, he has been able to negotiate favorable settlements with his health care defendants and their insurance companies. In these cases, he helps his clients by working closely with independent medical experts in order to demonstrate how a defendant violated their duty of care to a patient. Admitted to practice in New York, Mr. Minc is also admitted to practice before the U.S. District Courts for the Southern and Eastern Districts of New York.Mr. Minc attended Washington University in St. Louis, and he received bachelors degrees in both political science and Spanish with honors in 2008. His legal education was obtained at Vanderbilt University Law School, and he participated in several moot court competitions before being awarded his Juris Doctor in 2011. Before joining Rosenberg, Minc, Falkoff & Wolff, LLP, Mr. Minc was associated with a New York business law firm and clerked for a judge on the Supreme Court of the State of New York.
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Sydney S. McLafferty
A partner at GBM Law, Sydney S. McLafferty represents those in the state of Ohio who seek compensation for a personal injury. She focuses her efforts on cases related to vehicle injuries, auto accidents, semitruck and 18-wheeler accidents, but also handles injury cases of motorcycle, airplane and school bus accidents, medical negligence and malpractice, hospital errors, birth injuries, cerebral palsy, fault and liability, spinal cord injury, traumatic brain injury, wrongful death, drunk driving, slip and falls, dog bites, workers compensation, Social Security Disability, nursing home abuse and insurance bad faith.Ms. McLafferty earned a Bachelor of Arts from The Ohio State University in 2000 before earning a Juris Doctor from Capital University Law School in 2003. An active member of the community, she supports Franklin County Childrens Services Holiday Wish program, Childrens Hospital, the YWCA Family Center, Nationwide Childrens Hospital Cleft Lip and Palate Center and the Juvenile Diabetes Research Foundation.Professional memberships held by Ms. McLafferty extend to the Ohio State Bar Association, the Columbus Bar Association, the American Association for Justice and the Central Ohio Association for Justice. She has also earned her place as a member of the Million Dollar Advocates Forum.In the decade that Ms. McLafferty has been practicing law, she has many prestigious achievements. She is a current member of the Advocates Circle and the Board of Trustees of the Ohio Association for Justice. Previously, she was the chair of the Womens Caucus and a member of the Lawyers Caucus for the same organization. A member of the Board of Directors for the Central Ohio Association for Justice, she was also on the Capital Associates Planning Committee.
James Matthew Brown
Attorney James Matthew Brown is recognized as one of the finest trial lawyers amongst his peers in the City of San Diego. A representative sample of the areas of his successful representation of his clients include those who have suffered physical, emotional or financial injuries due to the negligence or wrongdoing of others. As a personal injury lawyer who has been in private practice since 1981, he has a wealth of experience handling cases involving car accidents, motorcycle accidents, property damage, product liability, medical malpractice and many other areas of civil litigation.Mr. Brown has successfully recovered compensation through verdicts or settlements for numerous automobile accident victims. In some cases, he has won multimillion-dollar judgment.Recent peer accolades include:,Best Law Firms in California-US News and World Report,Nations Top One Percent-National Association of Distinguihed Trial Counsel,2013 San Diego Consumer Attorneys Trial Lawyer of the Year,2009 Top Attorney-Personal Injury-San Diego Daily Transcript,2012 Top Attorney-Personal Injury-San Diego Daily Transcript,2011, 2012 and 2013 Top 100 National Trial Attorneys,2011 and 2012 Consumer Attorneys of San Diego Outstanding Trial Lawyer Awards,Teaching Staff Gerry Spence Trial Lawyers College 2011,Trial Lawyers Teaching Staff-2011 Mock Trial; 2012 Trial Skills; Cambria Regional-Discovering the Story,Lecturer at Consumer Attorneys of San Diego Voir Dire,San Diego Inn Of Court-Opening Statement Presenter,Staff Instructor-San Diego Inn of Court 2009-2012,San Diego Inn of Court Board of Directors,Consumer Attorneys of San Diego Board of Directors,Presently, Jim has been honored by his peers who consistently retain his services to try cases on their behalf; or to otherwise consult with them on trial strategies and presentation of cases to juries.
Peter Schmit is a partner at Robins Kaplan LLP and the chair of the firms national personal injury and medical malpractice group. Certified as a specialist in civil trial law by the Minnesota State Bar Association, he focuses his practice on personal injury and wrongful death litigation from the firms main office in Minneapolis. In that regard, he provides representation to clients throughout the state and other areas of the Midwest who have been harmed by the negligence of other persons or entities. Although Mr. Schmits experience is broad, his primary emphasis is on medical malpractice cases involving misdiagnoses, hospital negligence, and medication and surgical errors.Some of the representative results that Mr. Schmit has obtained include a $3.1 million settlement for a man who suffered a brain injury as a result of an anesthesia error, a sizable settlement in a wrongful death case involving the overprescription of pain medication, and a $2 million wrongful death settlement stemming from a delayed diagnosis of cancer. It is for these and other successes that Mr. Schmit has earned the high esteem of his peers, as evidenced by his receipt of an AV Preeminent peer review rating through Martindale-Hubbell. He has also been selected for inclusion in The Best Lawyers in America.Mr. Schmit is quite active in a variety of legal organizations. A past president of the Minnesota Association for Justice, his other memberships include the Hennepin County Bar Association, the American Board of Trial Advocates and the American Association for Justice. His legal education came at the University of North Dakota School of Law, where he received his Juris Doctor magna cum laude and was inducted into the Order of the Coif at his graduation in 1989. Mr. Schmit is admitted to practice in Minnesota, North Dakota and Wisconsin and before several federal courts.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.
Gregory P. Love
Greg Love has extensive experience in the litigation and trial of complex commecial and business disputes as well as personal injury cases involving brain injury. He represents individuals, and companies, both large and small, domestic and international. Love Law Firm is based in Henderson, Texas, but is actively involved in litigation in various federal court jurisdictions throughout the country. For more information on Love Law Firm visit www.lovetrialfirm.com.
Karen J. Scudder
Karen Scudder is a phenomenal attorney with years of experience and shes dedicated to do the absolute best for her clients.”,Representing Plaintiffs in Western Washington,Karen helps people who have been injured find justice.When you are injured, you need a lawyer who speaks in plain language. Karen understands this and combines empathy with remarkable negotiating skills to aid you. Her knowledge and experience help her provide her clients with excellent representation.Clients love her because Karen is a people person and enjoys meeting people from all cultures and walks of life. They rely on her for the advice and counsel she gives them during the various stages of the process.Primary Focus and Experience,Karen is a partner at Greaney Scudder Law, PLLC. She joined the firm in 2004.Today, she dedicates her practice to representing plaintiffs in personal injury cases. Karen also has experience in the areas of administrative law, employment law and medical malpractice.Karen believes in helping the little guy fight against the large companies.Karen graduated from the University of Washington in 2000 with a B.A in drama. She decided to become an attorney in order to use her stage skills. She graduated from the Seattle University School of Law in 2004, earning her J.D with honors. Karen was admitted to the Washington State Bar Association in 2004.You need a lawyer who will work for you, one who has the training to develop and present your best case. Karen gained valuable experience in the legal field working in the Federal and Superior Courts while attending law school. She also worked as a legal intern in a personal injury law firm in Ballard and as an extern with Judge James Cayce at the Regional Justice Center in Kent.Karen enjoys traveling with her husband and learning about their new camper. They love exploring the Southwest during the wet Northwest winters. She is a star in the karaoke spotlight with microphone in hand!,Professional Licenses,Washington State Bar Association, 2004,Professional Associations,King County Bar Association,Washington Women Lawyers,Washington State Trial Lawyers Association,Education,Seattle University School of Law, 2004,Juris Doctor (JD),University of Washington, 2000,Bachelor of Arts in Drama,Recognition and Accomplishments,Karen is committed to excellence. In recognition of her commitment, she has been selected to:,2018 ,Washington State Top Lawyers,Only the top five percent of each states attorneys are selected to be on this list,2012 – 2017 Washington Rising Stars,2009 Washington Rising Stars,Seattle Met Top Lawyer.com rating of 9.7,
Craig W. Carlson
As a partner at The Carlson Law Firm, Craig W. Carlson brings decades of experience fighting for his clients in cases involving personal injury, medical malpractice, military law, product liability and mass torts in the Killeen, Texas, area. His time in the military has given him a working knowledge of military law, but he is also adept in handling civilian trials throughout the state. He has experience with mass torts and medical malpractice cases across the country.Mr. Carlson received his bachelors degree from the University of Nebraska-Lincoln in 1986. He went on to earn his Juris Doctor from the Nebraska College of Law in 1989. The same year, he became licensed to practice law in Nebraska. He enlisted in the United States Army JAG Corps, serving as a claims officer, prosecutor, and trial defense officer from 1989 to 1994, and shortly after, he became licensed to practice law in Texas. Mr. Carlson is admitted to practice before the United States Court of Appeals for the Armed Forces and the United States Court of Appeals for the 5th Circuit.Widely recognized by his peers, Mr. Carlson has earned an AV Preeminent rating through Martindale-Hubbell. He additionally holds a Superb rating from his peers through Avvo. Having represented clients in cases resulting in substantial settlements and awards, Mr. Carlson is a member of both the Million Dollar Advocates Forum and the Multi-Million Dollar Advocates Forum.In order to continually improve his practice, Mr. Carlson participates as a member of multiple legal organizations, including the Texas Trial Lawyers Association, the American Association for Justice, and the American, Bell County and Fort Hood bar associations. He is additionally a member of the Christian Legal Society, the Association of Plaintiff Interstate Trucking Lawyers of America, L.L.C. and the Association of the United States Army.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.
Mike Fox is managing partner at Fox & Fox, S.C. and represents clients in Wisconsin in issues of constitutional law, business litigation, personal injury, legal malpractice, fiduciary breaches and employment disputes. Throughout his career of over four decades, he has been named the #1 plaintiffs employment lawyer in the state by Chambers U.S.A. and one of the Best Lawyers in America, and he has been recognized in many publications such as Madison Magazine, Law and Politics, the U.S. News & World Report and the American Lawyer.A graduate of St. Norbert College, Mr. Fox obtained his Juris Doctor from the University of Wisconsin Law School. Currently, he is licensed to practice in the state of Wisconsin and before the United States District Court for the Western District of Wisconsin, the United States District Court for the Eastern District of Wisconsin and the United States Court of Appeals for the 7th Circuit.He successfully litigates cases of intellectual property, securities and class actions, and trade secrets in both federal and state courts. In a trade secret and intellectual property dispute, Mr. Fox recovered almost $6 million for his client. Mr. Fox also has a long list of other large compensation amounts recovered to his name.A member of the National Association of Trial lawyers, the Litigation Counsel of America, the American College of Employment Lawyers and the Wisconsin Chapter of the American Board of Trial Advocates, Mr. Fox has spent most of his career practicing in the Chicago metropolitan and Wisconsin areas. Minnesota State Bar Association promoted him as one of the three stars of the plaintiffs bar,and he was named by one colleague as the father of the civil rights jury trial.”
Kevin Patrick is an experienced trial attorney. He devotes his practice to representing individuals and families throughout the state with an emphasis in wrongful death and other serious injuries, as well as trucking and automobile accidents. Kevin also has a specialty in daycare negligence cases. He is a member of the State Bar of Georgia and the District of Columbia Bar. Kevin is one of a few attorneys admitted to practice before the United States Supreme Court.His peers constantly recognize him for his legal ability and accomplishments. Kevin was selected as a Top 10 Personal Injury Attorneyby the American Jurist Institute, a Top 40 under 40by the National Trial Lawyers, as well as named a Rising Starfor 2018 by SuperLawyers, which is reserved for less than 3% of all eligible attorneys in Georgia. The American Institute of Personal Injury Attorneys selected him as one of the 10 Best High Verdict and Settlement Winnersfor Georgia, and the Atlanta Attorney at law Magazine identified him as an Attorney to Watchfor 2018. The Georgia Trial Lawyers Association recently presented Kevin with the Fred Orr, II Memorial Scholarship based on his commitment to civil justice. He is also a graduate of the LEAD Program. The State Bar of Georgia has given Kevin several awards for his service to the profession and the public including the Ethics & Professionalism Award for 2018.