That means it will use all of the tactics the other driver’s insurance would use—denying fault for the accident, blaming your injuries on something else, and arguing that your treatment was excessive. In this article, I will discuss the importance of obtaining appropriate medical treatment following your injury. This is an adversarial system, and when you make a claim against an insurance company—even your own—its objective is to defeat your claim.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
When a typical employee misses work following an accident, I just get documentation from his workplace showing his rate of pay and how much work he missed and submit it to the insurance company for reimbursement. The most common element of non-economic damages, present in pretty much every case I see, is a claim for physical pain and mental anguish. It states who the parties are, where they reside, and where the incident took place in order to establish jurisdiction of the court.Read More
Include anything you’d be embarrassed or concerned to have the jury discover. When you fully inflate the balloon, you win. Typically, the judge will read those instructions to the jury before summation. Collision coverage is generally subject to a deductible. What happens next? If your car can be repaired, it needs to be taken to the repair facility.Read More
You may want to consider hiring an appraiser at your expense to evaluate and document the condition of your following its repair. But there are exceptions to every rule so the best course of conduct is to contact an attorney to discuss the specific facts of your claim. Mere speculation about the “possibility” that “sometime down the road” you may be a “potential candidate” for some surgery will typically be too speculative. Sometimes, we see the hospital refuse to bill the health insurer if the facility knows there is a personal injury claim pending.Read More
Top Lawyers Pick
- Charles A. Sorenson
- David W. Holub
- Andrew L. Speicher
- Michael J. Behm
- Levi Y. Glick
- Dino Mastropietro
- Marvin Salenger
- James R. Hoy
- James H. Furman
- Muhammad S. Aziz
- Jim M. Perdue, Jr.
- Ivonne Corsino Lindley
Charles A. Sorenson
Attorney Charles A. Sorenson is a partner at Coker Law in Jacksonville, Florida. Mr. Sorenson focuses his practice on personal injury law, serving plaintiffs in Jacksonville and the surrounding areas who have been injured or lost a loved one due to negligence. He has experience with matters involving automobile accidents, defective products, premises liability, traumatic brain injuries and trucking accidents.Qualified to practice before all Florida state courts, the U.S. District Court for the Middle District of Florida and the Supreme Court of the United States, Mr. Sorenson has over four decades of experience handling personal injury and wrongful death matters. He has earned an AV Preeminent rating from Martindale-Hubbell and a listing in the Whos Who Legal because of his numerous accomplishments in the legal realm.Active in various professional organizations, Mr. Sorenson belongs to the Jacksonville Bar Association, The Florida Bar, the Southern Trial Lawyers Association, the American Bar Association, the Florida Justice Association, the National Board of Trial Advocacy and the American College of Trial Lawyers. He is a fellow of the American Bar Foundation and the American Board of Trial Advocates. Over the course of his career, he has served in several board and other leadership positions within his community.Mr. Sorenson received a bachelors degree from Mercer University and earned his law degree from Mercer University School of Law. He is board-certified in civil trial practice by The Florida Bar and is a board-certified civil trial specialist by the National Board of Trial Advocacy.AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Rating™ fall into two categories – legal ability and general ethical standards.
David W. Holub
Attorney David W. Holub of the Law Offices of David Holub in Merrillville, Indiana, serves clients throughout northwestern Indiana in matters of personal injury. Highly experienced in civil litigation, Mr. Holub handles personal injury cases involving bad faith insurance claims, car accidents, class action lawsuits, construction accidents, dog bites, insurance disputes, medical malpractice, motorcycle accidents, premises liability, product injury, railroad accidents, slip and fall, trucking accidents, wrongful death and more.After graduating magna cum laude with a bachelors degree from Olivet College, Mr. Holub earned a law degree from Valparaiso University Law School. He has been admitted to practice law in Indiana since 1982 and is also licensed before the U.S. District Courts for the Northern and Southern Districts of Indiana, the U.S. District Court for the Northern District of Illinois and the Supreme Court of the United States.Mr. Holub is a certified civil trial advocate by the National Board of Trial Advocacy and has authored numerous articles on personal injury topics for various publications. Throughout his career, he has recovered significant verdicts and settlements for his clients, resulting in a membership in the Multi-Million Dollar Advocates Forum, an organization of attorneys who have earned recoveries of one million dollars or more for their clients.Outside of his personal injury practice, Mr. Holub is an active member his legal community. He belongs to professional organizations including the Lake County Bar Association, the Indiana State Bar Association, the Indiana Trial Lawyers Association, the American Association for Justice and the National Trial Lawyers.
Andrew L. Speicher
As a founding member of the Morefield Speicher Bachman, LC law firm, Andrew is passionate about representing individuals, in Kansas City, Overland Park and throughout Kansas and Missouri, who have suffered traumatic brain injuries or other personal injuries, or suffered the wrongful death of a loved one, from car, truck and motorcycle accidents, or product or construction defects. He also represents individuals and businesses in cases involving civil litigation, premises liability, business and contracts litigation, construction litigation, trucking litigation and insurance law. Andrew also regularly provides advice and guidance to individual and business clients seeking to resolve personal or corporate disputes without filing a lawsuit.Prior to helping establish MSB, Andrew spent 10 years with a small Leawood, Kansas firm where he gained invaluable litigation experience. Before that, Andrew gained immediate hands-on trial experience right out of law school as a trial attorney for the Missouri Public Defenders Office before moving to a large Kansas City workers compensation defense firm. Prior to earning his law license, Andrew graduated Magna Cum Laude from MidAmerica Nazarene University in 1998, and then went on to graduate with honors from Drake University School of Law in December 2000 when he was named Whos Who Among American Law Students. In recent years, Andrew has been named a Top 40 Attorney Under 40 in the fields of both personal injury law and litigation, by mulitple national legal organizations. He has also been named a Top 10 Personal Injury Attorney and received the Avvo Clients Choice Award for personal injury.In addition to providing high quality legal representation to each and every client, Andrew and his partners are committed to conducting themselves, and operating their firm, based on the principles of Integrity, Stewardship and Community Service. One way they seek to live out these principles as attorneys is through vounteering up to 10% of their total annual billable hours to free legal-aid, serving clients who can not represent themselves and who can not afford to hire thier own attorney. In keeping with his core commitments to high-quality client representation and public service, Andrew is an active member of the Kansas, Missouri, and American Bar Associations, as well as the Kansas City Metropolitan Bar Association and the Johnson County (KS) Bar Association. He also actively serves his community through his local church where he enjoys working with the youth and children, is a trustee and member of the church board, and plays guitar and sings with the worship band. Andrew also serves with his wife, Jill, on the Board of Directors for the BRIDGES Sports Program in Olathe, Kansas, which offers NFL Flag Football and soccer for youth, and outdoor summer volleyball for adults.
Michael J. Behm
For the past twenty-seven years, Michael has exclusively focused his practice on representing people who have been seriously injured due to negligence. He has obtained many jury verdicts and settlements well in excess of $1 million.He is an AV rated attorney by Martindale Hubbell and was one of the youngest qualifying attorneys in Michigan when he received this honor. Michael has also been listed as a Michigan Top Lawyer the last twelve years and is recognized by the American Trial Lawyers Association as one of the top 100 trial lawyers in Michigan.In the Summer of 2011, Michael became only the thirteenth attorney from Michigan to become a Fellow in the Melvin M. Belli Society. He is also a member of the American Board of Trial Advocates and the National Association of Distinguished Counsel, the top one percent of attorneys in the United States.Michael is a Past President of the Michigan Association for Justice (2011-2012). As a member and officer of MAJ, Michael spent time working with members of state and federal government in an effort to make sure that the constitutional right to a jury trial is not taken away from the citizens of our state and country.Michael regularly lectures in Michigan and throughout the country on issues of tort liability. Some recent topics have included medical malpractice litigation under the Federal Tort Claims Act, and broader issues, such as jury selection and maximizing elements of damages.Michael has been elected to the State Bar of Michigan Representative Assembly, where he served a three year term; has served many years on the Genesee County Metropolitan Planning Commission; and served as a Director of the Genesee County Bar Association.In November of 2014, Michael was elected by the citizens of the State of Michigan as a Regent of the University of Michigan.Education, ,Juris Doctorate - Wayne State University 1992, Bachelor of Arts - University of Michigan 1989,Bar Admissions,State of Michigan,US District Court - Eastern District of Michigan,US District Court - Western District of Michigan,United States Court of Federal Claims,United States Supreme Court
Levi Y. Glick
A personal injury attorney at Jacoby & Meyers, Levi Y. Glick represents clients in the New York metropolitan area. A former attorney for a large insurance agency, Mr. Glick understands how the other side operates and knows how to best approach a case to receive fair compensation for his clients. He has also defended the agencies of New York City against civil claims, and he uses that experience to benefit those who have been injured at the hands of another.He is admitted to practice in New York and New Jersey, and before the U.S. District Court for the District of New Jersey. He is a member of the New York State Bar Association. Mr. Glick is qualified to handle all types of personal injury cases, including burn injuries, motor vehicle accidents, amputation, construction accidents, brain injuries, medical malpractice, nursing home abuse and neglect, premises liability, defective products and products liability, workers compensation, defective and dangerous drugs and Social Security Disability.At Hunter College in 2011, Mr. Glick obtained a Bachelor of Arts before moving on to Elisabeth Haub School of Law at Pace University, where he earned his Juris Doctor in 2014. Since then, he has been passionately representing the rights of the people who have been injured as they prepare for an uncertain future.Those who have been injured may need compensation for lost wages, medical bills and property repair. As one of The National Trial Lawyers Association: Top 40 Under 40, Mr. Glick is a zealous advocate when it comes to protecting the rights of his clients.
When a spouses ability to support a family is destroyed or a familys dreams of the future are shattered by the death of a family member, you need to call attorneys you can rely on.Fortunately, the attorneys at Lozner & Mastropietro are as passionate about the law as they are compassionate about their clients. Located in the historic Lundys Building in Brooklyn, Lozner & Mastropietro serves the legal and emotional needs of their seriously injured clients. The attorneys and staff are active in their civic, religious, and community associations – they dont simply represent clients, they represent their neighbors.Dino Mastropietro has represented seriously injured victims of criminal attacks, automobile accidents, sexual assaults, motorcycle accidents, product failures, construction accidents, airline catastrophes, and medical mistakes for over 25 years. His success in the courtroom stems from a combination of spending years sharpening his trial skills as a criminal prosecutor, as well as obtaining firsthand knowledge of how his adversaries approach cases by representing the interests of large insurance companies and various New York City and State agencies at a large defense law firm.Rotting Dangerous Central Park Zoo Tree,Recent New York Times and New York Post articles have highlighted the deadly dangers that shoddy inspection and maintenance of New York Citys trees have caused New Yorkers and its visitors. Dino Mastropietro represents a mother who was catastrophically injured when a rotting tree limb fell striking her and killing her six-month old baby. The grieving family hopes and prays the City takes responsibility for the dangerous condition it created in the park and zoo. Lozner & Mastropietro will fight to ensure their baby is not forgotten.Demanding only the highest quality work of himself and the attorneys on his staff, Mastropietro prepares each case with painstaking attention to detail with the belief that it will go before a trial jury. He believes that in addition to skills, talent and experience, preparation makes a trial lawyer most effective in the courtroom and at the negotiating table. His dedication has secured financial comfort for many of the firms clients and their families.I believe the trial attorneys most effective tool is his total command of the law and facts of the case. Nothing beats preparation,”, Mastropietro says.
Marvin Salenger is a founding partner of Salenger, Sack, Kimmel & Bavaro, LLP, a New York City law firm handling all types of personal injury and medical malpractice lawsuits for clients throughout New York State and across the U.S. Over the course of his career, Mr. Salenger has successfully tried hundreds of personal injury and medical malpractice cases, and has secured numerous multimillion-dollar verdicts and settlements for previous clients.This record of success in combination with his other skills has made Mr. Salenger a recognized leader among his peers and one of the nations premier trial attorneys. He holds an AV Preeminent peer review rating through Martindale-Hubbell and has been included in several editions of the Best Lawyers in America publication. He has written extensively and published numerous articles on trial strategy, techniques and procedural issues, and he regularly lectures on these topics at legal seminars as well. Mr. Salenger has contributed to and participated in programs sponsored by the New York State Bar Association, the New York State Trial Lawyers Association, the American Board of Trial Advocates and several other organizations.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 anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell peer review ratings fall into two categories: legal ability and general ethical standards.
James R. Hoy
A North Dakota native, James R. Hoy is an attorney at Maring Williams Law Office, P.C. where he works out of the firms Fargo office. Focusing his practice exclusively on personal injury and wrongful death litigation, he provides effective and dedicated representation to clients throughout the state as well as in the northwest portion of Minnesota who have suffered economic and noneconomic damages as a result of the negligence of other persons or entities. Mr. Hoys cases have included truck and car accidents, premises liability incidents, and oilfield explosions, among others, and his successful results and high degree of ethics have resulted in his receipt of a Superb peer review rating through Avvo.As an undergraduate, Mr. Hoy attended the University of North Dakota in Grand Forks, where he majored in business management and earned a bachelors degree in business administration. While he was there, he was the captain of the schools mens basketball team. After receiving a Master of Business Administration degree from his undergraduate alma mater, he stayed on campus and pursued his legal education at the University of North Dakota Law School. Mr. Hoy served as the editor-in-chief of the North Dakota Law Review and was a member of the law schools Moot Court Association before being awarded his Juris Doctor with distinction in 2011.Before entering private practice with his current firm in 2012, Mr. Hoy served a clerkship with a Justice on the North Dakota Supreme Court. Admitted to practice before all North Dakota and Minnesota state courts, he is a member of the board of governors on the North Dakota Association for Justice and an active participant in several other legal organizations.
James H. Furman
James H. Furman is the founder of Furman Law Group in Austin, Texas. Mr. Furman is an aviation attorney and handles matters involving airline, aviation, commuter and military air disasters. He also practices general personal injury law, representing individuals injured in car or other types of accidents. He serves clients throughout the city of Austin.Mr. Furman has over 35 years of legal experience. He has been licensed to practice law since 1981 and is admitted in all Texas state courts, as well as before the U.S. District Courts for the Northern, Southern and Western Districts of Texas and the U.S. Court of Appeals for the 5th Circuit.Over the course of his career, Mr. Furman has litigated airline, airplane and helicopter matters. He previously served as a major in the U.S. Army and spent 20 years in the U.S. Army Reserves.Recognition Mr. Furman has achieved for his accomplishments in the legal profession, include being listed in the publication The Best Lawyers in Americaand receiving an AV Preeminent rating from the peer review organization Martindale-Hubbell. This is the highest rating awarded by the respected association.Mr. Furman is active in the aviation sections of the American Association for Justice and has served in various leadership roles for the organization. He also belongs to the Texas Bar College and the International Society of Air Safety Investigators.After earning a bachelors degree in aeronautical science from Embry-Riddle Aeronautical University, Mr. Furman received a master of business administration degree from the University of North Florida. He attained his law degree from the University of Texas at Austin 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.
Muhammad S. Aziz
Muhammad S. Aziz has been a Partner at Abraham, Watkins, Nichols, Sorrels, Agosto & Aziz since 2012 and an associate since 2006. His legal practice focuses on a wide range of litigation topics, including: products liability, passenger bus accidents, construction accidents, misappropriation of trade secrets, wrongful imprisonment, and legal recruiting fee disputes. Mo, who is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, is a highly recognized trial attorney and has played a major role in obtaining settlements and verdicts exceeding 200 million dollars. Recently he has expanded his practice to include multi-district litigation, in which he represents clients around the nation in their claims against major corporations.Mo served on the Plaintiffs Steering Committee in the In Re: Hurricane Rita Evacuation Bus Fire, where he played a lead role in the settlement of the Hurricane Rita evacuation bus fire disaster, in which 23 elderly citizens perished. He has also served on the Plaintiffs Steering Committee in the Victoria Bus Litigation, where he represented 37 claimants from a single bus rollover accident near Victoria, Texas. Currently, he serves on the four member Plaintiffs Executive Steering Committee in the West Fertilizer Plant Explosion, which resulted in 15 fatalities, several hundred injuries, and several hundred millions in property damage.Mos diverse caseload enables him to grasp complex legal and factual issues in his cases. This allows him to view cases with a unique perspective and often times discover additional causes of actions not readily identifiable. Mos success has earned him the highest levels of respect with clients and peers in a wide range of fields; in particular, the oil and gas industry, financial service companies, engineering and architectural firms, and the automotive industry. This high level of success in the courtroom and respect garnered outside of it, has led Mo to being selected for inclusion on the Texas Rising Stars list annually since 2008 and most recently selected for inclusion on the Texas Top Lawyers list for 2013 as published by Top Lawyers. He has also been recognized as one of the Top 40 Texas Attorneys Under 40 since 2012 as well as one of the Top 100 Texas Trial Lawyers since 2013 by the National Trial Lawyers Association.Mos success is reflected in his aggressive style in preparing every case. He is known for his unflinching work ethic, regularly working late nights and weekends, to ensure that attention is paid to every detail. Prior to attending the University of Houston Law Center, Mo obtained a Bachelor of Laws from the University of London, England. He worked at Price Waterhouse Coopers as a business assurance auditor for four years.Mo enjoys running and CrossFit workouts.
Jim M. Perdue, Jr.
Jim M. Perdue, Jr. is a partner in Perdue & Kidd where he specializes in product liability litigation, pharmaceutical claims, catastrophic personal injury cases, and medical malpractice claims. Perdues reputation for professionalism and advanced advocacy fuels the entire firms commitment to maximize recoveries on behalf of every client while improving the law and access to justice.Texas Monthly has consistently named him a Texas Top Lawyer, where he is listed as one of the Top 100 Attorneys in Texas. Mr. Perdue is named in The Best Lawyers in America (Woodward/White 2006-19), who named him Trial Lawyer of the Year 2016 for Personal Injury Litigation in Houston. His multi-million dollar verdicts were named in the Top 100 Verdicts in the Nation in 2014 and 2009, including his $27.6 million verdict against Boston Scientific for defective female pelvic mesh. The University of Houston Law Center named him its Outstanding Alumnus of the Year in 2007.Mr. Perdue has achieved verdicts and settlements in excess of $200 million over his career. He is Board Certified in both Personal Injury Litigation by the Texas Board of Legal Specialization and Professional Malpractice - Medical by the American Board of Professional Liabilty Attorneys. He has made appearances on Good Morning America, Court TV and local television as a legal commentator on civil justice legislation, medical products and consumer safety. Perdue serves on the Texas Supreme Court Advisory Committee, where he chairs the subcommittee on Legislative Mandates. He is a member of the International Society of Barristers and diplomate of the American Board of Trial Advocates. Mr. Perdue has given over 150 presentations at legal seminars and published on a wide range of topics, from trial techniques and neuroscience to the professional obligations of attorneys in personal injury cases.Mr. Perdue is an active member of St. Pauls United Methodist Church, where he served on the Foundation Board of Directors. Perdue serves on the Alumni Board of Directors for St. Johns School and past Chair of the schools Annual Fund as well as the Silver Spurs Alumni Association at the University of Texas in Austin. He is a past member of the Board of TIRR Foundation and Texas Lyceum. He and his wife, Nicole, have three sons.
Ivonne Corsino Lindley
Having thorough knowledge of each of her cases defines Ivonne Corsino Lindleys approach to practicing injury law. She believes that by being well-prepared, she is better able to anticipate probable case scenarios and less likely be caught off guard. Ivonnes primary focus is personal injury litigation, where her main goals are to ensure her clients obtain fair compensation for their injuries, pain and suffering.Ivonne is actively involved in the legal community. She serves as Co-Chair of the Judicial Selections Committee for the state Womens Bar Association. In 2008, Montgomery County Executive Isiah Leggett appointed Ivonne a Commissioner for the Montgomery County Commission for Women. She served the Commission in that role for three years.Prior to joining Stein Sperling, Ivonne served as a law clerk in the Circuit Court for Montgomery County, Maryland. Outside of the firm, she enjoys taking care of and spending time with her growing family. She also enjoys cooking and going out to dinner with her friends.
25 West Middle Lane, Rockville MD 20850