That means you get treatment from a doctor or therapist who agrees to carry a balance, which you agree to pay in full at the conclusion of your case. Although it was a close call, Justin was able to avoid bankruptcy, and he did not lose his house. WHY WON’T MY DOCTOR BILL MY INSURANCE? Even more importantly, a skilled attorney will help an injured person evaluate her claim and the insurance company’s position in a more rational, less emotional way than is possible for an injured person (or even a family member) to do on her own.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
Which one of the following cars was responsible? When a person is injured and medicated, he might sometimes speak without thinking, and Arnold could easily have made a statement to the insurance company that could have compromised his claim. It can be there all the time, or only when you do certain things. Liebeck was 20 percent liable. Liebeck and McDonald’s, and the case was ultimately settled out of court for less than $600,000.Read More
For example, in 2010, Edward Black stepped off of a King County METRO bus into a hole in the parking strip adjacent to the sidewalk. When you place your case into arbitration in King County, you can expect a decision within four to six months versus the eighteen months it can take to get to a jury trial. An experienced pedestrian accident lawyer will determine the identities of the witnesses, get the maintenance history for the motor vehicle involved, and may even hire an accident re-constructionist to express an opinion about how the accident most likely happened.Read More
com Another method is getting a copy of the Sunday newspaper, as well as copy of any free auto trader magazine you can pick up at the grocery store. People often will leave the scene of a wreck feeling they are not injured - just a little sore. If you have MPC, then we suggest you use it wisely. You need an attorney to analyze all potential causes of actions, as well as to help you understand who may be responsible for paying for your claims. Most bars will have a phone number for cabs that service their establishment.Read More
Top Lawyers Pick
- Kurt Zaner
- William H. Kennedy, III
- David K. Kremin
- Matthew J. Brooker
- Stephen S. Kreller
- Robert C. Hilliard
- John J. Hession
- Christopher J. Brill
- David W. Todd
- Griffin O'Hanlon
- Gobind S. Sethi
- D.J. Weis
Kurt Zaner is a celebrated personal injury attorney at Zaner Harden Law LLP, representing clients in a full range of injury matters, including catastrophic injury cases, products liability, automobile collisions, pedestrian and bicycle accidents, mass transit accidents, premises liability, defective drugsand medical devices, , nursing home abuse and neglect, medical malpractice, insurance bad faith and wrongful death. Mr. Zaner is known for his tireless efforts in holding large corporations accountable for the harm they inflict on consumers and employees, as well as circumventing their attempts to avoid responsibility, and has obtained numerous multimillion-dollar verdicts and settlements for his clients.He recently secured the largest premises liability verdict in the history of Colorado - 16 million was awarded by a Boulder Jury after his client was diagnosed with CRPS which was caused by an electrical explosion. He accepts cases throughout Colorado.After graduating cum laude from the University of Florida, where he received a Bachelor of Arts in Roman history, Mr. Zaner earned his Juris Doctor from the University of Florida Levin College of Law, graduating magna cum laude and receiving the American Law Institute and the American Bar Associations Best Graduate Award. Today, he is admitted to practice law in Florida and Colorado, as well as before the U.S. District Court for the Southern District of Florida and the U.S. District Court for the District of Colorado.Passionate about honing his skills in every aspect of personal injury law, Mr. Zaner is sought after as an educational speaker at notable venues around the world, having spoken on a variety of litigation and trial topics in Montreal, Los Angeles, Little Rock, Denver, and other notable cities. Handling some of the most high profile cases in Colorado and around the Country, he has appeared on ABC World News Tonight and Good Morning America as well as the front page of the Denver Post and every local Denver news channel. He is also a certified End Distracted Driving program presenter, serves on the executive committee and board of governors for the American Association for Justice as well as on the board of the Colorado Trial Lawyers Association, and has been named a Top 100 Trial Lawyer in Colorado with The National Trial Lawyers.
William H. Kennedy, III
The founder of and principal attorney at Kennedy Legal Team, PLLC, William H. Kennedy III focuses his practice primarily on personal injury and wrongful death litigation. From the firms office in Coral Springs, he provides representation to clients throughout the state of Florida who have suffered economic and non-economic losses due to the negligence of other persons or entities. Mr. Kennedy has worked on cases arising from incidents involving truck and other motor vehicle crashes, motorcycle accidents, nursing home abuse and neglect, medical malpractice, negligent security and other forms of premises liability, aviation and train accidents, and dog bites.Mr. Kennedy has been able to obtain numerous sizable recoveries on behalf of his clients over the years. As a result, he has been selected for membership in both the Million Dollar Advocates Forum and the Multi-Million Dollar Advocates Forum. Highly regarded by his fellow attorneys for his superb ethics and outstanding track record, he has received an Excellent peer-review rating through Avvo.Mr. Kennedy has been called to lecture on many occassions, is admitted to practice before all Florida state courts, and he is also admitted to practice in Washington, D.C. (District of Columbia). His professional memberships include the American Association for Justice and the Broward County Bar Association.
5421 North University Drive, Suite 101,, POMPANO BEACH FL 33067
David K. Kremin
Attorney David K. Kremin is the founder and president of David K. Kremin & Associates, P.C. in Chicago, Illinois. Mr. Kremin practices personal injury law and serves clients throughout the Chicago metropolitan area. He has experience with matters involving motor vehicle accidents, nursing home abuse and other types of accidents or injuries caused by negligence.Over the course of his career, Mr. Kremin has litigated many cases that have resulted in substantial verdicts. He has secured more than $100 million in wins and has never lost a case with merit. His cases have received media attention and been featured in various Chicago newspapers and the Wall Street Journal, along with national television networks ABC and CNN. He has earned membership in the Million Dollar Advocates Forum because of these successes.Mr. Kremin has been licensed to practice law since 1983 and has more than three decades of experience. He earned a bachelors degree from the University of Illinois Gies College of Business and received his law degree from the Illinois Institute of Technology Chicago-Kent College of Law, graduating with highest honors.In addition to his practice, Mr. Kremin is an active member of his legal community. He sits on the board of directors of various organizations and serves as a university instructor. He has been recognized by Chicago Lawyer Magazine, which included him on its Million Dollar Pluslist.Mr. Kremin is a member of the Chicago Bar Association, the Illinois State Bar Association and the Illinois Trial Lawyers Association. He also belongs to The Decalogue Society of Lawyers, the American Association for Justice and the National Lawyers Association.
221 North LaSalle Street, Suite 1900,, Chicago IL 60601
Matthew J. Brooker
Mr. Brooker graduated cum laude from the University of Missouri — Kansas City School of Law. He was a published member of the UMKC Law Review and a member of the National Moot Court and National Trial Advocacy competition teams. He was awarded the Practitioners Award for outstanding advocacy during the national trial competition. Mr. Brooker has actively defended trucking companies and their drivers for almost all of his legal career in lawsuits throughout Missouri and Kansas and the Midwest. He has a specialized knowledge and understanding of the unique issues that arise in the field of trucking litigation. Furthermore, Mr. Brooker has presented about the impact of The Affordable Care Act (i.e. Obamacare) on damages in civil litigation; relevant topics at safety meetings for the transportation industry; initial case filing, discovery, experts and evidence; and about creatively using motions in limine.
Stephen S. Kreller
Stephen S. Kreller is the founder of The Kreller Law Firm in New Orleans, Louisiana, where he focuses his practice on representing plaintiffs in complex litigation cases involving personal injury and product liability claims, hurricane claims and property damage, insurance bad faith actions and issues of maritime law. Mr. Kreller is among the thousands of New Orleans residents who suffered losses when Hurricane Katrina ravaged the area in August 2005 and destroyed his home and many of his possessions, and the event has continued to influence the empathetic manner in which he relates to clients and his tenacious efforts to obtain financial redress on their behalf.Mr. Kreller earned a Bachelor of Science from the University of South Alabama in 1998 and was awarded his Juris Doctor by the Loyola University New Orleans College of Law in 2002. While in law school, he served as the comment and case note editor for the Loyola Maritime Law Journal and was the recipient of a Law Excellence Award in corporate finance. In addition to his admissions to state courts in Louisiana, Alabama, Georgia and New York, Mr. Kreller is also licensed to practice before the U.S. District Courts for the Eastern and Western Districts of Louisiana, the U.S. District Court for the Southern District of Alabama and the U.S. District Court for the Northern District of Georgia.Highly regarded by his peers, Mr. Kreller has twice received a Leadership in Law Award from New Orleans City Business, in 2012 and 2013, respectively. He is an active member of the Academy of New Orleans Trial Lawyers honor society and has been featured in the Greater New Orleans edition of Attorney At Law Magazine as its Solo Practitioner of the Month.
Robert C. Hilliard
Garnering national acclaim for his work on many high-profile cases, attorney Robert C. Hilliard has achieved unprecedented success advocating on behalf of those suffering as the result of someone elses negligent, careless or unlawful actions.The founding partner of Hilliard Martinez Gonzales L.L.P. in Corpus Christi, Texas, Mr. Hilliard represents clients throughout the state and across the country in a wide range of mass torts, personal injury and wrongful death claims as well as business and commercial litigation. He currently serves as co-lead counsel in the multidistrict General Motors ignition switch class action, regarded as one of the largest product liability suits in American history.A lawyer for more than 35 years and holding dual certifications in personal injury trial law and civil trial law from the Texas Board of Legal Specialization, Mr. Hilliard possesses extensive knowledge and insight into many areas of the law, and he frequently serves as a leading legal analyst for numerous national and international print and televised news outlets.A 1980 summa cum laude graduate of St. Edwards University, Mr. Hilliard began his legal career after obtaining his Juris Doctor from St. Marys University School of Law in 1983 and his license to practice from the State Bar of Texas that same year. Truly a national lawyer, Mr. Hilliard also practices before federal courts throughout the country, including the U.S. Supreme Court, and he is also licensed to practice in the District of Columbia.Recognized as one of the nations top attorneys, Mr. Hilliard served as chairman for the National Ethics Committee from 1992-1995, and in 2016, he received the Distinguished Alumni award from St. Edwards University. The subject of numerous features and cover stories for a variety of legal publications, Mr. Hilliard has earned a reputation as a bulldog for his aggressive trial tactics and unrelenting pursuit of justice.
John J. Hession
John Hession is an attorney at Dougherty, Ryan, Giuffra, Zambito & Hession, Inc. in New York, New York. Mr. Hession focuses his practice on maritime, construction, motor vehicle, premises liability and personal injury law, and serves clients throughout the New York metropolitan area.Mr. Hession holds a bachelors degree from Columbia University and earned his law degree from New York Law School. He has been licensed to practice law since 1981 and has more than 38 years of experience.In addition to being licensed to practice in all New York state courts, Mr. Hession is admitted before various federal courts. These include the U.S. Supreme Court, U.S. District Courts for the Southern and Eastern Districts of New York and the U.S. Court of Appeals for the 1st, 2nd, 3rd, 5th, 6th and 11th Circuits.Mr. Hession handles personal injury matters involving maritime, construction, premises liability, motor vheicle cases, insurance coverage and products liability, in addition to his insurance defense practices. He has also been involved in the acquisition of insurance companies and has litigated matters involving charter parties, hull and collision, and recreational boating accidents, as well as the merger and acquisition of small cap insurance companies in New York.Mr. Hession is an active member of his legal community. He belongs to professional organizations including the American Bar Association, the Maritime Law Association and the New York City Bar Association.Mr. Hession also serves as General Counsel for the Jones Beach Lifeguard Union, and is the Maritime attorney for the City of Glen Cove. He has spoken on various marine-related topics over the course of his career.
Christopher J. Brill
Christopher Brill has been a trial lawyer for over 35 years and limits his practice to representing victims of personal injury. He received his undergraduate degree from Temple University and his Juris Doctor and Master of Law degrees from Temple Law School. He is a Board Certified Civil Trial Advocate by NBTA, an agency approved by the Pennsylvania Supreme Court, and an associate member of ABOTA. He is AV-rated by Martindale-Hubbell, the highest possible rating for expertise and ethical standards. He is Past President of the Bucks County Bar Association, co-founder of the Bucks County American Inn of Court, former Board member of PaTLA, and a former Assistant DA in Bucks County. Mr. Brill lectures frequently on the topics of automobile law, bad faith, and UM/UIM arbitrations.
301 South State Street, Suite N105,, Newtown PA 18940
David W. Todd
David Todd always has rooted for the underdog. He went to law school to help the little guy get a fair shake against the big and the powerful. David has been a trial lawyer since 1989. He began his legal career practicing criminal defense and successfully trying many criminal jury trials. Since changing his focus to representing Texans in eminent domain, personal injury and family law cases, his trial experience and willingness to take cases to court have been key to obtaining excellent results for hundreds of families, either in settlement or at trial. He is still helping the underdog by helping landowners defend their rights against the government and utility companies, helping families resolve their issues in divorce and custody disputes and helping injury victims take on powerful insurance companies. David Todd has been recognized for his continued pursuit of excellence as an attorney as well as for the tremendous results he achieves for his clients. Learn how to protect your rights and avoid common mistakes by using these links to get his free legal guides:Eminent Domain,Personal Injury,Family Law
Griffin OHanlon is an experienced attorney at Cooper Hurley Injury Lawyers where he focuses on helping his clients after they have been injured in car, motorcycle, or trucking accidents. Every case is different and requires a different approach. Some cases can be resolved through settlement while others require litigation. Regardless of the circumstances, Griff strives to achieve favorable results for his clients through determination and hard-work.
Gobind S. Sethi
Gobind S. Sethi is a dedicated client advocate. He works tirelessly to obtain just and favorable results for his clients. Gobind has represented injured persons and families who have lost loved ones in personal injury and wrongful death cases throughout Virginia. Gobind has tried scores of civil jury trials over his 17 year legal career and has successfully represented persons in cases involving motor vehicle collisions, drunk driving accidents, defective premises, product defects, legal malpractice and medical malpractice. He has been featured on the cover of the Virginia Lawyers Weekly for his work on the development of punitive damages in the case of Canchola v. Coalson. Gobind is actively involved in promoting access to justice. He is a Board Governor for the Virginia Trial Lawyers Association and serves as President of the Board of Directors of the Virginia Poverty Law Center.
Jim Weis is a shareholder at the law firm and the manager of the Rhinelander, Stevens Point, and Wausau offices. He is licensed to practice in both Wisconsin and Michigan. Jim handles all types of personal injury claims, including medical malpractice, products liability, motor vehicle accidents, pharmacy errors, contractor negligence, landowner liability, dog bite claims and nursing home claims.Jim has tried many cases throughout Wisconsin and the United States. Because of his trial experience, the National Board of Trial Advocacy has certified him as a Civil Trial Specialist. In 2003, the Wisconsin Association for Justice bestowed upon him the Robert Habush Trial Lawyer of the year award. Since 2005, Jim has been named to the Wisconsin Top Lawyer list. He has also been recognized by Best Lawyers in America since 1995 for both medical malpractice law and personal injury litigation.Jim has held numerous leadership roles with the Wisconsin Association for Justice, including acting as President, Vice-President, Treasurer and Secretary, as well as serving on its Board of Directors. Jim served on the AAJ Board of Directors in 2003 and has been elected to the American Board of Trial Advocacy, the American College of Trial Advocates and the Wisconsin Judicial Council.