The occupants of the other car were also hurt, each having neck and back injuries. So what’s an injured person to do? If you are asking it for money, you are its adversary, and it will aggressively work to minimize your recovery. You should know a few things about post-accident medical treatment because the care and treatment you get from different types of providers can vary significantly. That’s why you should always get checked out by your regular physician after your ER visit.Read More
American Samoa 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.
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.
The various types of product defects: The person making a claim regarding product liability is expected to show that the defective product caused them some form of injury. In addition, the defective product must be dangerous beyond reason. Any theory of liability constitutes these two essential components. Below are mentioned three such legal theories that allows users to claim product liability.
- Defects in design: This theory states that a flaw in the product design is essentially unsafe to use or even manufacture.
- Defects in manufacturing: The theory is applicable to the flaws that come about while manufacturing or assembling the product.
- Lack of warning: This theory states that products that do not contain reasonably sufficient warning labels are deemed flawed.
But instances arise when some products are considered unsafe beyond measure and cannot be made any safer than they already are. In such instances, it is required on the part of the suppliers as well as the manufacturers to provide explicit warnings to the consumers about the dangers of the product’s use.
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.
Recent legal blog posts
On a surface level, my grandfather wanted to get rid of the weeds in his yard, and hiring us was a cheap and easy way to do it. In the end, letting your lawyer do the job she was hired to do will be better for you and better for your claim. We made a copy of the video along with a transcript of the relevant parts and sent it on to the claims adjuster. It is important in every case to catalogue what kinds of activities you are unable to do or are limited in doing after the accident that you were previously able to do without limitation.Read More
That means it asserted the right to stop you from placing a satellite in orbit over it. Expert witnesses can be helpful in nearly every case, but they are especially important in truck accident cases. So if you were 30 percent at fault for the accident and your case is worth $100,000, you may only recover $70,000. I kept up with the maintenance schedule suggested by the manufacturer - kept the oil changed, tires rotated, etc. If the insurer does not make a reasonable offer at the expiration of the 60 day time period, then file suit.Read More
You had never injured this shoulder before and you now believe that the tear happened when you were bracing against the steering wheel at impact. This means there will be a company insurance policy available for coverage. There are several laws that will allow pre-judgment interest and penalties to accrue if an insurance company fails to tender a demand for or within the policy limits and a jury renders a verdict for more than those policy limits.Read More
Top Lawyers Pick
- H Brian Dumeer
- Andrew Demos
- Kevin M. McLaughlin
- Lyndsay Markley
- Charles P. Kazarian
- Alan S. Pierce
- Richard Godosky
- Stavros E. Sitinas
- John E. Quinn
- Joshua M. Kimura
- Al Ellis
- Michael G. Simon
H Brian Dumeer
As a partner with the Carlson & Dumeer, LLC, law firm, attorney H. Brian Dumeer devotes his time and resources to protecting the rights, liberties and entitlements of innocent accident victims as well as those charged with criminal offenses. From his law firm, which has offices in Hartford and Middletown, Connecticut, Mr. Dumeer uses his extensive knowledge and experience to serve clients throughout Connecticut and Massachusetts who face legal challenges involving any of the following:,Catastrophic personal injury and wrongful death claims resulting from automobile and commercial truck accidents, dangerous property conditions and slip-and-fall accidents, defective products, dog bites, sexual abuse and other acts of negligence or wrongdoing,Criminal defense against all types of felony and misdemeanor charges,After graduating from Roger Williams University in 2006 with a Bachelor of Arts in political science, Mr. Dumeer returned to his alma mater and obtained his Juris Doctor from Roger Williams University School of Law in 2009. That same year, the Massachusetts Bar Association admitted him to practice, and the Connecticut Bar Association admitted him in 2010.While in law school, Mr. Dumeer completed internships with the offices of the Connecticut attorney general and the Middlesex County state attorney. From this experience, he gained invaluable insight into how prosecutors build their cases, enabling him to devise more effective defense strategies on behalf of his clients charged with crimes. He then worked for another area law firm where he focused on criminal defense and personal injury cases before co-founding the private practice that bears his name today.Aside from practicing law, Mr. Dumeer is actively involved with his community. He volunteers for the Middlesex United Way and the Young Leaders Society as well as the Middlesex County Chamber of Commerce. He is also heavily involved with the Middlesex Community College Foundation, and he is currently chairman for the foundations fundraising committee.
Representing clients regarding personal injury (automobile, trucking accidents, airplane, helecopter), premises liability, wrongful death, products liability, and other areas of law.
Kevin M. McLaughlin
In a firm that puts the highest priority on protecting the injured individual, board-certified trial lawyer Kevin McLaughlin fits in perfectly. Starting his career on the corporate side, Kevin soon realized that his dedication to plaintiffs rights was his true purpose and calling. He joined Wagner McLaughlin in 1997 and quickly rose to the rank of partner.While attending law school, Kevin clerked for the judges in the Civil Division of the Thirteenth Judicial Circuit, Hillsborough County, Florida. Upon graduation, he worked for an insurance defense firm and handled cases involving insurance disputes, coverage issues, automobile negligence, and premises liability claims for some of the largest insurers in the country. This preparation helped Kevin become an expert in handling plaintiffs claims. Kevin knows how both the opposition and the courts think, which enhances his ability to be an effective advocate for his clients.Kevin represents plaintiffs with wrongful death and personal injury claims. His practice encompasses a broad range of claims including admiralty and maritime, premises liability, medical negligence, automotive and products liability actions. His wealth of experience benefits his clients through his ability to assess all sides of the situation.Kevin is a member of the American Board of Trial Advocates, where he is an officer of the Tampa Bay Chapter. He also sits on the Board of Directors for the Hillsborough County Bar Association. He is a member of the Florida Justice Association, the Southeastern Admiralty Law Institute, and the American Association for Justice.A resident of Tampa since early childhood, Kevin is an honor graduate of Wake Forest University, where he earned his Bachelor of Arts degree in history in 1993. Three years later, he received his Juris Doctorate from the Stetson University College of Law. He resides in Tampa with his wife, Daun, and their two children.
Lyndsay Markley, a nationally renowned personal injury attorney, has secured millions of dollars in verdicts and settlements for her clients. In the past few years alone, Lyndsay Markley Law has secured tens of millions of dollars on behalf of injury victims in all areas of personal injury (automobile, trucking, motorcycle collisions, sexual abuse cases, medical negligence, etc.) Recently, Lyndsays work on behalf of survivors of sexual and physical abuse has received significant media attention and acknowledgment from both the legal and public sectors. In 2018, Lyndsay received the prestigious designation as a 40 under Forty Illinois Attorneys to Watch 2018 out of over 1, 200 attorneys. Lyndsay has also been recognized as an Illinois Top Lawyer 2017 -2019 by SuperLawyers and Chicago Magazine and a Rising Star from 2013 to 2015. Lyndsay is also acknowledged as a Top 100 Trial Attorneys in Illinois from 2012-2017 and a Top 40 Under 40 Attorney by the National Association of Trial Lawyers (2012-2016); a Top Women Lawyer in Illinois by SuperLawyers and Chicago Magazine; and 10 Best Under 40 (2014- 2015) by the American Institute of Personal Injury Attorneys. In addition to these professional acknowledgments, repeated positive reviews by Lyndsays clients have earned her the designation of Superb Lawyeron AVVO. Lyndsay is regularly asked to speak to the media on her cases and regarding legal issues in general.Before founding Lyndsay Markley Law in 2014, Lyndsay was a named partner at an established Chicago-based personal injury law firm and notably, the firms youngest and first female partner.
Charles P. Kazarian
Attorney Charles P. Kazarian is founder and lead attorney at Kazarian Law in Boston, Massachusetts. Mr. Kazarian focuses his practice on attorney and legal malpractice and has extensive experience in business matters, civil rights and personal injury law.Mr. Kazarian serves clients in Boston and cities including Brookline, Cambridge, Cape Cod, Concord, Framingham, Lawrence, Needham, Plymouth, Quincy, Springfield, Stoughton, Waltham, Woburn and Worcester. He practices in Barnstable, Bristol, Essex, Middlesex, Norfolk, Plymouth and Suffolk counties as well as throughout New England in Massachusetts, Maine, New Hampshire and Rhode Island communities.In addition to all Massachusetts state courts, Mr. Kazarian is licensed to practice before the U.S. District Court for the District of Massachusetts and the U.S. Court of Appeals for the 1st Circuit. He has more than three decades of experience serving individuals and businesses who are the victims of malpractice by attorneys who have mishandled bankruptcy, business, divorce, employment rights,personal injury and other types of matters.Over the course of his years in practice, Mr. Kazarian has recovered substantial compensation for the clients he serves. His success and accomplishments have earned him the highest rating of AV Preeminent by the respected peer review organization Martindale-Hubbell, rating of Superb by AVVO, and of course Top Lawyer in the field of plaintiffs professional negligence litigation.Active in the legal community, Mr. Kazarian is a member of the Massachusetts Bar Association and belongs to the organizations Civil Litigation Section. He is also an active member of the Massachusetts Academy of Trial Attorneys and the American Association for Justice. He is a frequent invited speaker at legal education seminars, and is regularly asked for comment by journalists covering legal malpractice news.Mr. Kazarian graduated from the University of Rhode Island with a bachelors degree in English and earned his law degree from Northeastern University School of Law. At Northeastern, he received the high honor of being elected valedictorian of the class of 1980.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.
Richard Godosky is an attorney and partner at Godosky & Gentile, P.C. in New York, New York. Mr. Godosky has been practicing law for more than 50 years and serves clients throughout the New York metropolitan region. He represents plaintiffs in personal injury matters involving aviation accidents, birth injury, brain injury, construction accidents, medical malpractice, motor vehicle accidents, premises liability, trucking accidents and wrongful death.Mr. Godosky is AV Preeminent rated by the peer review organization Martindale-Hubbell. He has been listed in the publication The Best Lawyers in Americaand received the lifetime achievement award from the New York City Trial Lawyers Association in 2002.In addition to his law practice, Mr. Godosky has taught classes and seminars at several educational institutions. He is a fellow in the American College of Trial Lawyers and International Academy of Trial Lawyers and serves as director of the New York State Trial Lawyers Association.Mr. Godosky is a member of several other professional organizations, including the Association of the Bar of the City of New York, the Bronx County Bar Association, the Nassau County Bar Association, the New York State Bar Association, the American Bar Association and the American Association for Justice. He is the governor of the New York City Trial Lawyers Association and is active in The Nathan R. Sobel-Kings County American Inn of Court.After graduating from The City College of New York, Mr. Godosky earned his law degree from Brooklyn Law School. He is admitted to practice in New York and before the U.S. Districts Courts for the Southern and Eastern Districts of New York and the Supreme Court of the United States.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.
Stavros E. Sitinas
Stavros E. Sitinas has been a practicing attorney for over 22 years, focusing exclusively on plaintiffs personal injury and medical malpractice litigation. He founded his own firm in 2010. In 2015, Mr. Sitinas obtained a $15 Million Dollar settlement for a 26 year old client who was paralyzed in a construction accident. This was the single highest settlement in a construction accident case in New York for 2015. It was also the single highest settlement of a non medical malpractice case for the entire state for 2015. With millions of dollars in verdicts and settlements, he is a seasoned litigator, with experience in complex personal injury cases in some of New Yorks most challenging jurisdictions. Mr. Sitinas earned his bachelors degree in marketing from Boston University and graduated from Quinnipiac College School of Law in 1996. He also attended the National Institute of Trial Advocacy. He is fluent in Greek, which is extremely useful when representing New Yorks large population of Greek constrction workers. He is admitted to practice in all state courts of New York and the U.S. District Courts for the Southern, Eastern, and Northern Districts of New York. He is a member of the NYSTLA, the Hellenic Lawyers Association, and the Million Dollar Advocates Forum.
John E. Quinn
As a founding partner of Quinn Logue LLC in Pittsburgh, Pennsylvania, attorney John E. Quinn has had a long and illustrious career representing clients in a wide range of practice areas. Through his law firm, he serves residents in the Pittsburgh metro area, as well as throughout Pennsylvania with their legal needs related to the following:,· ,Personal injury law,· Legal ethics,· Attorney discipline defense,· Legal malpractice law,· Medical malpractice,· Employment law,· Employment discrimination,· ERISA,Attorney Quinn obtained his Juris Doctor from Duquesne University School of Law in Pittsburgh in 1976. The Pennsylvania Bar Association admitted him to practice that same year, and Attorney Quinn is admitted to practice before the U.S. District Court for the Western District of Pennsylvania, as well as the U.S. Court of Appeals for the 3rd Circuit.Dedicated to his practice, Attorney Quinn remains actively involved in many professional legal organizations. As a member of the Allegheny County Bar Association, he has held several officer positions, including serving as chair for the organizations Lawyers Referral Committee and the Civil Litigation Section. He is also a former president for both the Western Pennsylvania Trial Lawyers Association and the Thomas More Society. Additionally, he currently serves as comptroller for the Academy of Trial Lawyers of Allegheny County, and he is active with the Pennsylvania Association for Justice.With his extensive legal knowledge and experience, Attorney Quinn conducts lectures on insurance law, legal ethics and trial practice for various legal organizations throughout Pennsylvania, and he once served as adjunct professor of trial advocacy for the Duquesne University School of Law. He also currently serves as a state delegate for the Association of Trial Lawyers of America.
Joshua M. Kimura
Joshua M. Kimura is a partner at Kimura London & White LLP. A highly-respected civil trial attorney, he focuses his practice primarily on personal injury and wrongful death litigation, representing clients throughout Orange County from the firms office in Irvine, California. Admitted to practice before all California state courts since 2009, Mr. Kimura is also admitted to practice before the U.S. District Court for the Central District of California.Mr. Kimura provides assistance to people who have incurred economic and noneconomic losses due to the negligence or recklessness of other parties. The types of cases, which he has worked on have involved motor vehicle crashes, auto-pedestrian accidents, premises liability, construction site injuries and animal attacks, and he has been able to obtain significant compensation on behalf of his clients. Some of Mr. Kimuras representative results have included a $300,000 settlement for a client who was severely injured by a pit bull, a premises liability case against a well-known automobile dealership that was settled for $4 million on the eve of the trial and a $750,000 settlement of another premises liability lawsuit against a homeowners association. His successes in and out of the courtroom have caught the attention of his fellow attorneys, and they have awarded him a 10.0 Superb peer review rating through Avvo.Mr. Kimura pursued his undergraduate education at the University of California, Santa Barbara, and he received a Bachelor of Arts in 2005. He then went on to attend the Chapman University Dale E. Fowler School of Law, where he served on the Chapman Law Review before being awarded his Juris Doctor in 2009. Mr. Kimuras memberships include the Orange County Asian American Bar Association.
Of Counsel to the trial firm of ,Sommerman, McCaffity, Quesada & Geisler,, Al Ellis is a member of the International Academy of Trial Lawyers, an organization consisting of only 500 lawyers in the U.S. and is listed in the 2003-2019 editions of ,The Best Lawyers in America,. In 2007, Al Ellis was named as one of 500 Leading Plaintiffs lawyers in America by Lawdragon. In 2019, Al was honored as a Legal Legend by the Dallas Trial Lawyers Association. Al also received the Morris Harrell Professionalism Award by the Dallas Bar Association and Texas Center for Legal Ethics and ProfessionalismAl Ellis is known in legal circles for his leadership and integrity in the practice of law, as well as his service to the community. At Sommerman, McCaffity, Quesada & Geisler, L.L.P. he focuses his practice on personal injury, products liability medical malpractice litigation and mediation.Al vigorously advocates for his clients, having tried more than 175 jury trials. He is Board Certified in Personal Injury and Civil Trial Law by the Texas Board of Legal Specialization and has been admitted to practice before the U.S. Supreme Court, the U.S. Fifth Circuit Court of Appeals, and all federal and state courts in Texas.Al serves as Community Outreach Facilitator of the UNT Dallas School of Law. He is also an active member in numerous prestigious legal societies, including the American Board of Trial Advocates, Dallas Council on Alcoholism, the Dallas and Texas Bar Associations, and the Texas Trial Lawyers Association. Al also enjoys using his legal skills to give back to the community, having participated in organizations such as Law Focused Education, Inc. Legal Services of North Texas, Dallas Legal Hospice, and currently in Dallas Habitat for Humanity and the Salesmanship Club of Dallas.
Michael G. Simon
Attorney Michael G. Simon is a partner with Frankovitch, Anetakis, Simon, Decapio & Pearl, LLP, in Weirton, West Virginia. A highly rated, versatile attorney with more than 28 years of legal experience, Mr. Simon focuses his practice primarily on plaintiff personal injury claims arising from motor vehicle accidents, medical malpractice, defective products and other acts of negligence. In addition, he also handles Social Security Disability claims as well as probate, and he has extensive experience with general civil and commercial litigation involving a wide range of disputes.Always dedicated to protecting the rights and interests of those he serves, Mr. Simon fights hard to help his clients achieve the favorable outcomes they expect and deserve, and he has achieved notable success recovering substantial settlements and awards for those adversely affected by someone elses negligent, careless or unlawful actions. Along with maintaining a successful private trial practice, he has also served as solicitor in the city of New Cumberland since 1993.A 1987 graduate of Youngstown State University, Mr. Simon attended the University of Dayton School of Law, obtaining his Juris Doctor in 1990. The West Virginia State Bar admitted him to practice that same year, and the Pennsylvania Bar Association admitted him in 1991. He is also licensed to practice in Ohio.Widely regarded as a leader in his field, Mr. Simon is actively involved with several local, state and national bar associations, including the American Bar Association, the Hancock County Bar Association and the American Association for Justice. He sits on the board of governors of the West Virginia Trial Lawyers Association, and he maintains an active membership with the West Virginia, Pennsylvania and Ohio bar associations.