Alex was thrown from the impact. The right to know the truth about your case. Use the next few lines to write down some of the issues you worry might complicate your case. Ellie was transported by ambulance to the hospital. She was hurt, and after being checked out at the emergency room, she missed a week of work and underwent nearly six months of chiropractic and massage treatment.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
I tried physical therapy, acupuncture, chiropractic, and cold lasers. It is always a good idea with an injured child to consult a personal injury lawyer with specific experience handling claims for children. What kinds of damages can I recover in a truck accident case? Every single client needs an attorney that cares, that will take action, and will listen. Before we address the different topics in this chapter, it is VITALLY IMPORTANT to mention something else.Read More
For example, if the cost of repairing your damaged vehicle is 70% or greater of the fair market value of your vehicle, then they will usually determine it is a total loss. Plus, if you plan on repairing your car, you will have to get the title changed to reflect that the car was a total loss. The difference between the fair market value of the vehicle before and after the collision; and 2. Do not let the insurance company argue that they are under a “permanent injunction” pursuant to the Mabry Order to use 17c.Read More
Sometimes, the final medical note (often referred to as the “Discharge Summary”), does not give us a full picture of what the future might hold for our client. It should also address whether or not future medical care will be required, the costs for that anticipated future treatment, and whether or not your injuries are permanent. You have absolutely nothing to lose by contacting an attorney, but potentially everything to lose if you don’t! References 1 O.Read More
Top Lawyers Pick
- Anna N. Martinez
- Eric C. Ragatz
- John T. Edwards
- Daniel V. Padilla
- David J. Jeffries
- Martin Edelman
- Barry A. Washor
- Jeffrey M. Pincus
- Patricia L. Zlaket
- Patrick R. Scott
- George Chadwell Creal, Jr.
- Ben B. Philips
Anna N. Martinez
Attorney Anna N. Martinez is an associate with Franklin D. Azar & Associates that has offices located throughout Colorado. Licensed to practice in Colorado and New Mexico, Ms. Martinez serves clients throughout both states who suffered injuries or losses as the result of someone elses negligent or unlawful actions, including class actions, catastrophic personal injury claims, defective drug and medical devices, bad faith insurance disputes, investment and retirement disputes, securities violations, workers compensation, and wrongful death claims.A native of Colorado, Ms. Martinez is fluent in English and Spanish, and she has a deep passion for representing Spanish-speaking clients across her region. She also has an abiding interest in the judiciary and how it functions in society, and she served active leadership roles in several committees for the Colorado Hispanic Bar Association and the Colorado Womens Bar Association. She is also a member of the Federal Magistrate Judge Selection Panel.A 2002 graduate of Columbia University, Ms. Martinez attended the University of New Mexico School of Law, where she obtained her Juris Doctor in 2005 along with a certificate in federal Indian law. She is admitted to practice before all state and federal courts in Colorado and New Mexico as well as before the Colorado Court of Appeals and the Colorado Supreme Court.A consummate professional, Ms. Martinez is highly active in her legal community, as evidenced by her memberships with the Colorado Trial Lawyers Associations Spanish Speaking Lawyers Committee and the Colorado Hispanic Bar Association. A prolific writer, she has authored a number of continuing legal education publications as well as a variety of legal articles.
Eric C. Ragatz
As a partner at Edwards & Ragatz, P.A. in Jacksonville, Florida, Eric C. Ragatz focuses his practice on complex civil litigation and personal injury, including medical malpractice and products liability as well as matters involving wrongful death claims and nursing home negligence. During his more than 15 years of experience, Mr. Ragatz has arbitrated numerous products liability claims involving defective medical equipment and secured several settlements in excess of $1 million in personal injury cases before various federal courts. He serves clients throughout the state of Florida.After earning a Bachelor of Science in finance from Florida State University in 1992, Mr. Ragatz received his Juris Doctor with honors from Stetson University College of Law in 1996. Admitted to practice law in Florida and Georgia, he is also admitted to practice before the U.S. District Courts for the Northern, Middle and Southern Districts of Florida.Mr. Ragatz holds numerous prestigious memberships and, as a testament to the regard in which he is held by his peers, has been recognized by Martindale-Hubbell as a recipient of its AV-Preeminent rating. He is an active participant in the Jacksonville Justice Association, the Chester Bedell American Inn of Court, the Florida Justice Association and the Jacksonville Bar Association. Mr. Ragatz was also instrumental in authoring several sections in the seventh edition of The Florida Bars Florida Civil Trial Practice,a practitioners guide offering practical advice to attorneys on each stage of the trial process in the state of Florida.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.
4401 Salisbury Road, Suite 200,, Jacksonville FL 32216
John T. Edwards
John T. Edwards founded his Boise law firm in 1992 as a general practice with a focus on injury cases. In 2004, he joined fellow attorney Kurt Holzer in forming a partnership, creating Holzer Edwards, Chtd. In 2017 they merged with the Hepworth firm to form Hepworth Holzer LLP. At the firm, Mr. Edwards continues to focus his practice on protecting the rights of the residents of the Boise area, nearby Meridian and surrounding western Idaho. Today, injured victims and their families know to turn to him for help pursuing compensation after suffering losses stemming from a variety of causes, including the following:,• Car, truck and motorcycle accidents,• Bicycle accidents,• Commercial vehicle accidents,• Airplane accidents,• Premises liability,• Wrongful death,Mr. Edwards began his legal career in 1990 after earning his law degree from the University of San Diego School of Law and his admission to the Idaho State Bar. In addition to his approval to practice law in all of Idahos state courts, the U.S. District Court for the District of Idaho also granted its approval for him to practice in its courtrooms.After a nearly 30-year legal career, attorney Edwards has a reputation as one of Idahos leading personal injury lawyers. He is a regularly requested guest speaker, and he is the author of Idaho Injury Law: A Guidebook for Injured Idahoans. In addition, he has earned a number of honors from both his clients and his peers that serve as evidence of his outstanding reputation, which include a Very Good rating from Avvo and an AV Preeminent peer-review rating from Martindale-Hubbell.Mr. Edwards is an active member of the legal community and his local community. He is a member of numerous legal associations, including the American Association for Justice and several community organizations, including Les Bois Kiwanis, where he is a past president.AV®, BV®, AV Preeminent® and BV Distinguished® are registered certification marks of Reed Elsevier Properties Inc. used in accordance with the Martindale-Hubbell certification procedures, standards and policies. 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 practice standards.
Daniel V. Padilla
As an attorney with the Padilla Law Group in Birmingham, Michigan, Daniel V. Padilla focuses his practice primarily on complex litigation matters involving personal injury claims, business disputes, commercial real estate transaction issues and other general civil and commercial litigation matters.Serving clients throughout Detroit, Michigan, and the surrounding areas, Mr. Padilla uses his nearly 25 years of legal experience to help his clients protect their rights and secure their rightful compensation and benefits following an injury or loss caused by another partys negligence or wrongdoing. In addition, he also provides effective representation for businesses of all sizes and in all stages of development with their important legal needs.In addition to being an aggressive litigator, Mr. Padilla also arbitrates cases throughout Oakland, Wayne and Macomb counties, where he helps his clients resolve their disputes without the need for court intervention. Widely recognized as one of the top personal injury attorneys in the region, Mr. Padilla has recovered millions of dollars on behalf of his plaintiff clients, earning his membership in the Million Dollar Advocates Forum. He also holds an AV-Preeminent peer review rating from Martindale-Hubbell.A graduate of the University of Michigan, Mr. Padilla obtained his Juris Doctor from Wayne State University Law School in 1993. That same year, the State Bar of Michigan admitted him to practice, and he is also admitted to practice law in Illinois. Fully dedicated to his practice, Mr. Padilla remains active in several professional legal organizations, including the Michigan Association for Justice, the Oakland and Macomb County bar associations and the State Bar of Michigan Negligence Law Section, among others.Along with practicing law, Mr. Padilla routinely lectures before the National Business Institute, using his extensive legal knowledge and experience to educate others.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 J. Jeffries
David J. Jeffries is the founder of Jeffries Law. From the firms office in Jamaica, New York, he divides his practice between criminal defense matters and personal injury and wrongful death litigation, providing representation to clients throughout the greater New York City metropolitan area. Mr. Jeffries has been admitted to practice before all New York state courts since 2003.In his criminal defense practice, Mr. Jeffries assists clients who have been charged by the state with having committed misdemeanor or felony offenses. The types of cases that he has handled includes weapons violations, driving while intoxicated by alcohol or drugs, criminal mischief, robbery, burglary, homicide, assault, and drug possession and distribution. His previous experience as an assistant district attorney in Queens County, where he tried hundreds of violent crime cases, has enabled him to anticipate the types of tactics that prosecutors will often utilize, and this has resulted in his ability to obtain favorable outcomes for many of his clients, whether through dismissals or acquittals or as the result of the negotiation of favorable plea agreements.Mr. Jeffries also represents people who have incurred economic and noneconomic losses due to the negligence or recklessness of other people or entities. His cases in this regard have risen out of incidents involving premises liability, auto-pedestrian accidents, and truck, motorcycle and other motor vehicle crashes. Mr. Jeffries has been successful in this area of his practice as well, and he has obtained significant compensation for his plaintiff clients, both through jury awards and settlements negotiated outside of the courtroom. He holds a Bachelor of Arts from Syracuse University and a Juris Doctor from the Maurice A. Deane School of Law at Hofstra University.
As co-founder of Edelman & Edelman, P.C. Martin Edelman devotes his practice to helping victims of negligence who have suffered events such as construction accidents, catastrophic personal injury or wrongful convictions. Serving people in New York City and the surrounding area, Martin is known for his extensive medical knowledge and his ability to uncover compensable injuries in cases where every other lawyer insisted there was no claim.After receiving a Bachelor of Arts from New York University in 1974, Mr. Edelman went on to earn a Juris Doctor from Brooklyn Law School in 1977. He was admitted to practice in New York state in 1978.Today, Mr. Edelman uses his decades of experience to hold irresponsible parties accountable for the damages they have caused. Whether litigating in the courtroom over a medical malpractice case or talking through negotiations in a product liability dispute, he remains focused on ensuring that clients feel they have a steadfast advocate in their corner. Every decision Mr. Edelman makes centers on how it will help build a stronger case. He brings together expert witnesses and recreates a scene to help illustrate why a defendant is indebted to the injured.Mr. Edelman is admitted to practice before the U.S. District Court for the Western District of New York, the U.S. District Court for the Eastern District of New York, the U.S. District Court for the Southern District of New York, the U.S. Court of Appeals for the 2nd Circuit and the United States Court of Federal Claims. He holds the highest rating possible of AV Preeminent from Martindale-Hubbell.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.
Barry A. Washor
Barry A. Washor is a partner at Queller, Fisher, Washor, Fuchs & Kool, LLP, located in New York, New York. Focusing his practice exclusively on personal injury litigation, he provides representation to residents of both New York and New Jersey who have been harmed by the negligence of others in matters involving medical malpractice, motor vehicle accidents, premises liability, police brutality, construction accidents, and train collisions and derailments. Mr. Washor also assists clients who are seeking workers compensation benefits after being injured on the job or contracting an occupational disease.A 1978 recipient of a Bachelor of Arts from Brooklyn College, Mr. Washor pursued his legal education at New York Law School and was awarded his Juris Doctor in 1981. Upon graduation, he joined an insurance defense firm and spent seven years representing health care practitioners and facilities that had been sued for medical malpractice. The experience he gained has allowed him to anticipate some of the strategies that defense counsel will use in his current plaintiffs practice.Since becoming a plaintiffs attorney in 1988, Mr. Washor has been able to secure numerous large settlements and jury awards on behalf of his clients. Some of the representative successes include a $13.2 million verdict for the family of a woman who died as a result of medical malpractice and a $10.5 settlement for a worker who was partially paralyzed in a construction accident. As a result of these and other recoveries, Mr. Washor is a lifetime member of both the Million Dollar Advocates Forum and the Multi-Million Dollar Advocates Forum. His accomplishments have not gone unnoticed by his fellow professionals, as attested to by his receipt of an AV Preeminent peer-review rating through Martindale-Hubbell and a 10.0 Superb peer-review rating through Avvo.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.
233 Broadway, Suite 1800,, New York NY 10279
Jeffrey M. Pincus
Jeffrey M. Pincus is partner at Lewis Johs Avallone Aviles, LLP, and represents clients in the New York metropolitan area and Nassau and Suffolk counties. While his criminal law background allows him to continue to represent those who have been accused of committing a crime, the majority of his practice is dedicated to defending the best interests of companies and organizations involved in personal injury cases, including litigation and trials, construction and labor law, general liability, medical and professional malpractice defense, automobile and premises liability, product liability, personal injury, property damage, transportation and nursing home defense.Mr. Pincus earned a Bachelor of Arts when he graduated cum laude in 1986 from the University of New York at Albany, then obtained a Juris Doctor in 1989 from Hofstra University School of Law. Admitted to practice in the U.S. District Court for the Southern and Eastern Districts of New York and by the state of New York, Mr. Pincus started his career in criminal prosecution as an assistant district attorney.He is now a member of the Claims and Litigation Management Alliance, the Huntington Township Chamber of Commerce, the Transportation Lawyers Association, the Risk Insurance Management Society, the Defense Research Institute, the Nassau Suffolk Trial Lawyers Association and the Nassau County Bar Association. For his high ethical standards and long list of successful results, he is AV Preeminent peer-review rated, the highest rating, through Martindale-Hubbell.After trying cases for over 25 years, Mr. Pincus is now a member of the firms Catastrophic Loss Response Team. With such extensive knowledge and experience behind him, he regularly lectures to attorneys, insurance organizations and corporate clients on many complex issues. 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.
Patricia L. Zlaket
Co-founder of Zlaket Law Offices, Patricia L. Zlaket works side by side with her father to represent those who are dealing with matters of personal injury caused by the negligence of another. Clients in San Diego County benefit from her 8 years of experience in cases related to premises liability, auto accidents, medical malpractice and wrongful death. Leaving a successful 20-year career in the music industry, Ms. Zlaket exhibits her passion for the rights of others by practicing law.At California Western School of Law, she graduated cum laude and then spent five years at the prestigious firm, Casey Gerry, handling cases of products liability, medical malpractice, auto accidents and premises liability. There she helped earn numerous high dollar settlements for her clients. She brings that experience to her own practice, which she started at the end of 2014.Although the firm focuses on civil litigation matters related to personal injury, Ms. Zlaket also has previous experience working on multidistrict medical device and pharmaceutical cases. Along with her father, a former justice of the Arizona Supreme Court, she is passionate about protecting the rights of those who have been injured at the hands of another.Ms. Zlaket is equally zealous about her alma mater, fundraising and performing.The immediate past president of the California Western School of Laws Alumni Association Board of Directors, Ms. Zlaket also works with organizations such as the San Diego Volunteer Lawyers Program, Lawyers Club of San Diego and the American Board of Trial Advocates, volunteering as a humorist and host. She has a Bachelor of Arts from the University of Southern California, and she still performs on a regular basis at music venues around San Diego.
550 West C Street, Suite 1690,, San Diego CA 92101
Patrick R. Scott
Patrick R. Scott has consistently performed at a high level in his academic, military and legal careers. He practices plaintiffs personal injury law at the Scott Law Firm. Based in Conroe, Texas, Mr. Scott provides representation to accident victims throughout Texas, Louisiana and Oklahoma. He represents clients in cases that involve car or truck accidents, fire damage claims, and wrongful death, among other matters.After gaining his license, Mr. Scott began his legal career at a large firm that represented insurance companies. He soon switched to helping accident victims pursue the compensation necessary to repair their lives. His clients benefit from his energy as he pressures responsible parties to meet obligations to victims.Mr. Scott has always held himself to a high standard of excellence. He attained the rank of sergeant in the U.S. Marine Corps, graduated with honors from the Navy and Marine Corps Intelligence Training Center, and received the Navy and Marine Corps Achievement Medal. He also graduated summa cum laude from The Honors College at the University of Houston and then earned a Juris Doctor from Baylor Law School.Highly regarded by his fellow professionals, Mr. Scott has been selected to The National Trial Lawyers: Top 40 under 40, and he has received a 10.0 Superb peer review rating through Avvo. He maintains memberships in many professional groups, including the Texas Trial Lawyers Association, Attorneys Information Exchange Group, the American Association for Justice, the Houston Trial Lawyers Association and the American Bar Association. Admitted to practice in Texas, Louisiana and Oklahoma, Mr. Scott is also admitted to practice before the U.S. District Courts for the Western, Eastern, Southern and Northern Districts of Texas, and the U.S. District Court for the Western District of Oklahoma.
George Chadwell Creal, Jr.
A DUI and personal injury attorney at George C. Creal Jr. P.C. George Chadwell Creal, Jr. represents clients in Atlanta, Georgia, and the surrounding areas. With over 18 years of experience in the courtroom, Mr. Creal has an Avvo Superbrating and has had more than 100 not guilty verdicts throughout his career. For his high ethical standards and long list of successful results, he holds the highest peer rating possible of AV Preeminent from Martindale-Hubbell.In 1990, Mr. Creal graduated cum laude from the University of Georgia Franklin College of Arts and Sciences with a Bachelor of Arts in economics and a minor in political science. He then attended the University of Georgia School of Law, where he earned his Juris Doctor in 1993. While in law school, he was the summer editor, special projects and research editor, and on the editorial board for the Georgia Journal of International and Comparative Law.Mr. Creal is admitted to practice in the state of Georgia and before the United States District Court for the Middle District of Georgia, the United States District Court for the Northern District of Georgia, the United States Court of Appeals for the 11th Circuit, the Supreme Court of Georgia and the Georgia Court of Appeals. He is also a member of the Newnan-Coweta Bar Association, the Clayton County Bar Association and the Atlanta Bar Association.To give back to his community through service, Mr. Creal has served on the Clayton County Law Library Authoritys Board of Directors and was on the historic preservation committee for the Druid Hills Civic Association. He also participated in community service and charitable activities with the Kiwanis Club of Southlake for several decades. 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.
Ben B. Philips
Ben B. Philips is a member of the firm of Philips Branch & Hodges in Columbus, Georgia. For over the past 40 years, he has focused his practice on helping individuals and their families recover the compensation they need and deserve when they are victims of medical malpractice and personal injury, including car and truck accidents. He works throughout the state of Georgia.Mr. Philips obtained an undergraduate degree from The University of North Carolina at Chapel Hill before attending law school at Mercer University. Upon graduation with a Juris Doctor in 1974, he was admitted to practice law. He holds the right to practice before the state courts of Georgia and the U.S. District Courts for the Middle and Northern Districts of Georgia, the U.S. Courts of Appeals for the 5th and 11th Circuits, and the U.S. Supreme Court. He is the past president of the Chattahoochee Bar Association and has served as an officer for the Georgia Trial Lawyers Association.Over the course of his four decades as a trial attorney, Mr. Philips has succeeded in achieving numerous jury verdicts of seven figures on behalf of the clients he represents. He holds the distinction of obtaining the three largest jury verdicts in Muscogee County, Georgia, in a medical malpractice case death case, a libel and slander action, and in a false arrest action. He was also co-counsel in the largest class action settlement in the country involving universal life insurance policies. His knowledge and significant skills in the courtroom have earned him the prestigious AV-Preeminent peer review rating through Martindale-Hubbell and a peer review rating of Excellent from Avvo.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.
105 13th Street, Suite B, PO Box 2808,, Columbus GA 31902