I had an orthopedist who was ready to perform surgery on my lower back, but I opted for a more conservative course of treatment, and I eventually recovered. Everyone has his own particular circumstances, and everyone has to make the choices that are best for himself and his family. We filed a lawsuit and began to move toward trial. We used his records, as well as a detailed report from him, to establish which injuries were new from this most recent accident and which were aggravations of prior conditions.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
The process of eliminating defendants and determining the party with ultimate responsibility took more than a year. It looked like a solid claim until his insurance carrier provided me with his prior medical records, which documented that a physician had recommended spinal surgery two weeks before the accident. Most died in committee, but many passed through to the General Assembly. Each phase is important enough to make or break your case, so your attorney must understand and be an effective advocate in all five phases.Read More
If you would like to have my law firm conduct a free, no obligation, completely confidential consultation of your case, please do not hesitate to call. Do not drive if the medication makes you drowsy or impairs your vision or reaction time. This can include location of the vehicles before impact, and where they came to rest after the collision. There are different types of fractures, though: Displaced: This is when the bone is broken into two or more parts and the bones have moved so the ends are no longer aligned.Read More
The amount of the damage for pain and suffering is based upon the enlightened conscience of fair and impartial jurors that apply the facts and law to that specific claim. Under State law, you are required to put the governmental entity on notice of your claim within a set period. Remember: No two cases are alike and this article is not and cannot be a “one size fits all” manual that applies to every car wreck claim in State. Sandra was a single mother taking care of Ann and David.Read More
Top Lawyers Pick
- James L. Ferraro
- Martin L. Glink
- James R. Carter
- Jeffrey R. Kooi
- Haley A. Prevatt
- Gerald D. Siegel
- C. Jeff Warren
- Michael P. Davis
- Kenneth J. Knabe
- James H. Furman
- Richard W. Hendrix
- Terry D. Jackson
James L. Ferraro
James L. Ferraro has practiced law since 1983, and is the founder of The Ferraro Law Firm, which serves the Miami and Tampa areas of Florida. In 1997, he was national finalist for Trial lawyer of the Year after a landmark victory in a birth defect case against a major chemical company. His practice includes cases involving consumer protection, products liability, medical malpractice, personal injury, wrongful death and family law.For more than two decades, Mr. Ferraro has focused on asbestos and mass tort litigation and has achieved multimillion-dollar verdicts for his clients; consequently, he was invited to become a member of the Multi-Million Dollar Advocates Forum. He recovered the largest compensatory award for a mesothelioma case in Florida as well as the largest award nationally for a non-malignant asbestos case in 1997. He has also negotiated settlements in amounts totaling $1 billion.Mr. Ferraro earned his Juris Doctor from the University of Miami School of Law and his masters degree in accounting from the University of Miami as well. He is admitted to practice in Florida, Ohio, New York and Massachusetts, and he devotes 90 percent of his practice to litigation. He is also licensed to practice in the U.S. Supreme Court, U.S. Tax Court and the U.S. Court of Appeals for the 1st, 3rd and 4th Circuits.Mr. Ferraro is a member of the American Association for Justice, the American Bar Association, the Association of Trial Lawyers of America and the Sports Lawyers Association. He serves on the board of directors for the Make-A-Wish Foundation of Southern Florida and the Childrens Home Society of Florida Foundation.His firm additionally has offices in Washington, D.C. and New York City, and Mr. Ferraro is also the co-founder of Kelly & Ferraro LLP in Cleveland, Ohio. He is a certified public accountant, and his Washington, D.C. offices handle cases involving tax whistleblower cases and corporate tax fraud.
Brickell World Plaza, 600 Brickell Avenue, 38th Floor,, Miami FL 33131
Martin L. Glink
Mr. Glink handles significant personal injury, automobile, premises, product liability, wrongful death, and workers compensation cases. Clients also include those seriously injured by medical, hospital, and nursing home negligence. The firm has recovered many millions of dollars in settlements and verdicts for the firms clients. He has argued notable cases before the Illinois Supreme Court and appellate courts. Martin has litigated in many counties throughout the State of Illinois and is a member of the Federal Trial Bar Association. He is admitted to practice before the United States Supreme Court. Peer nominated as a Leading Lawyer in Personal Injury, Martin is respected by both plaintiff and defense attorneys alike. He is proud of the diversity of seriously injured clients he has helped over the last 40 years.
James R. Carter
Through his law firm, Carter Law Offices, in Peoria, Illinois, attorney James R. Carter focuses exclusively on protecting the rights and entitlements of his clients throughout Central Illinois. With over 35 years of trial and appellate experience involving civil litigation matters, he possesses an extensive amount of knowledge and resources he uses to provide effective representation to those facing legal challenges as a result of any of the following:,· Plaintiff personal injury claims involving motor vehicle accidents, defective products and other tortious claims,· Catastrophic personal injury and wrongful death claims,· Medical and legal malpractice claims,· Asbestos and silica exposure as well as other toxic exposure torts,· Commercial litigation arising from corporate dissolution and securities-related claims,After receiving his Bachelor of Arts from Indiana University in 1975, Mr. Carter attended The John Marshall Law School in Chicago, where he obtained his Juris Doctor in 1978. That same year, the Illinois State Bar Association admitted him to practice, and he is also admitted to practice before the U.S. District Court for the Central District of Illinois, the U.S. Court of Appeals for the Seventh Circuit and the U.S. Supreme Court.Fully dedicated to his practice, Mr. Carter remains active in many professional legal organizations, including the American Association for Justice, the Illinois Trial Lawyers Association and the Peoria County Bar Association, among several others. Additionally, he is a master in The Abraham Lincoln American Inn of Court, and conducts lectures on a variety of legal topics for various legal associations.Devoted to his community as well as his practice, Mr. Carter volunteers his time and services for organizations such as Peorias St. Jude Childrens Research Hospital, where he served as legal counsel to that organizations executive committee. He is also active in his local performing arts community, supporting The Penguin Project and the Corn Stock Theater.
Jeffrey R. Kooi
Jeffrey R. Kooi, born July, 1976, in Hammond, Indiana, was admitted to practice law in the States of Indiana and Illinois in November, 2000. Jeff is the founding and managing partner of Kooi Law Firm, LLC and is licensed to practice law in the States of Illinois and Indiana and before the Federal Courts in the Northern, Central and Southern Districts of Illinois, and the Northern and Southern Districts of Indiana. Jeff is a graduate of the Indiana Trial Advocacy College, and maintains a practice dedicated to the representation of individuals who have suffered personal injury or death in the course of their employment or as a result of negligence or malpractice of others. Jeff was selected by the National Trial Lawyers as Top 100 attorney in 2013, 2014, 2015, 2016, 2017, 2018 and 2019. Jeff had previously been selected three times as a Top 40 under 40 attorney by the National Trial Lawyers and was chosen as an Indiana SuperLawyers Rising Star in 2009.Your attorney must aggressively-and skillfully-fight for the best possible outcome, says Jeffrey R. Kooi, founding and managing partner of Kooi Law Firm. That means not settling unless it is in your best interest. Kooi and the members of his firm are dedicated to representing victims and their families. The Firms cases involve serious injury and wrongful death arising from trucking and auto accidents, medical malpractice, brain and spinal injuries, work injuries, defective products and nursing home abuse or neglect. Kooi believes in one-on-one interaction with clients. They need to know what were doing and why were doing it at all times, he says. This is ultimately about their life, and it is their right to be involved in the process from start to finish. Its their case, and that is a fact we never forget. The firm educates clients about the specific details and nuances of each case, including potential outcomes. We make sure their condition is properly assessed and treated, and we work with each client to evaluate the total ramifications of their loss, both financially and emotionally, Kooi says. Accidents are not confined to business hours. Consequently, neither is the service the firm provides to its clients. If injuries limit the clients mobility, it is not uncommon for Kooi and his team to visit them in the hospital or at their homes. While results are never guaranteed, the firm carefully considers each case before accepting it to maximize its potential. Once on board, the firm dedicates its professional resources and experience to their clients case. No one can return to you what youve lost, Kooi says. But we believe you can move forward with the help of strong advice, aggressive representation and compassion. With these core values in mind, our law firm will give you the peace of mind of knowing that you and your family are taken care of.
Haley A. Prevatt
When people in Kentucky are injured in motor vehicle accidents, they turn to Haley A. Prevatt, Attorney at Law, for reliable guidance and effective representation. Ms. Prevatt focuses her practice on personal injury, generally handling cases that involve auto and motorcycle accidents, slip-and-fall incidents, and workers compensation injuries. When the situation dictates, Ms. Prevatt also will bring bad faith claims on behalf of her clients.Ms. Prevatt knows that her clients injuries are life-altering, which is why she strives to help them obtain the maximum compensation for the damages they have suffered. She believes that all of her clients are high profile, and they deserve dedicated counsel. Ms. Prevatts dedication to maintaining a high standard of legal ethics and providing quality representation has garnered her the respect of her clients and peers alike. She has received a number of awards and recognitions over the course of her career, including being named in The National Trial Lawyers: Top 100, being named the Personal Injury Attorney of the Month by Attorney at Law Magazine, Kentucky Edition, and being awarded the Top Ten Attorneys and Firms in Kentucky – Client Satisfaction Award by the American Institute of Personal Injury Attorneys for 2016.Beyond the courtroom, Ms. Prevatt is actively involved in the legal community. She is a member of numerous professional associations, including the Plaintiffs Personal Injury Section of the Kentucky Justice Association, the Kentucky Bar Association, and the the Fayette County Bar Association.In 2003, Ms. Prevatt graduated summa cum laude with a Bachelor of Business Administration in marketing and management from the University of Kentucky. She went on to earn dual degrees, a Juris Doctor and a Master of Business Administration, from the University of Kentucky College of Law and Gatton College of Business and Economics.
Gerald D. Siegel
I am a seasoned and creative trial lawyer with 38 years of experience practicing in central New Jersey. I cut my eye teeth in the insurance defense field and have morphed my practice into one engaged primarily in plaintiffs personal injury. I handle motor vehicle accidents, premises and other types of general negligence cases. I have found that I derive more personal and professional satisfaction representing people than institutional clients. I enjoy being part of a team and I am very proud that my son, David Siegel has become a lawyer and a shareholder in the firm. I enjoy working with my staff to investigate and develop cases, as well as with my colleagues outside of my firm. I am Certified by the New Jersey Supreme Court as a Civil Trial Lawyer, I have served on the District VIII Ethics Committee and serve as an Arbitrator in Superior Court. I currently serve on the Supreme Court Committee on the Unauthorized Practice of Law.
C. Jeff Warren
C. Jeff Warren is the senior partner at Warren & Kallianos, a Charlotte, North Carolina, personal injury law firm with a statewide practice. For over 20 years, Jeff has been an aggressive advocate for North Carolinians who have been seriously injured or who have lost loved ones due to incidents at work, in hospitals or nursing homes, on the highway, or in other contexts. His hard-earned track record of success on behalf of the firms clients reflects skill, dedication and conviction, and includes over 20 verdicts and settlements in excess of $1 million.Jeff is a former newspaper reporter, U.S. Air Force officer and aviator, and an honors graduate of the University of North Carolinas School of Law. After graduating from law school, Jeff worked at one of the states largest law firms, representing large corporations and insurance companies in litigation matters. That experience has given Jeff a unique and valuable perspective in his representation of clients against corporations and insurance companies today.Jeff also has served in leadership positions with various legal organizations, including serving on the Board of Governors for the North Carolina Advocates for Justice, an organization, like him, dedicated to protecting peoples rights, and as a Trustee for its Political Action Committee.
610 Cameron Brown Bldg., 301 S. McDowell St.,, Charlotte NC 28204
Michael P. Davis
Michael P. Davis, is an attorney with Aronson, Fineman and Davis, Co. L.P.A. He joined the firm immediately after graduating Cum Laude from the Thomas M. Cooley Law School in 2010. His practice consists of prosecuting insurance, personal injury and consumer claims and cases. Michael also provides legal representation in general practice area such as criminal, family, probate, real estate and business matters.Michael is a member of the Columbiana County Bar Association, Ohio State Bar Association and the Ohio Association for Justice.He is licenses to practice in Ohio and the United States District Court for the Northern District of Ohio.In addition to being a licensed attorney, Michael is an instrument rated single and multi-engine private airplane pilot and a licensed real estate salesperson by the Ohio Board of Realtors (Inactive). He is also on the Board of Directors for the United Way of Southern Columbiana County.Areas of Practice,Personal Injury,Car Accidents,Criminal Defense,Family Law,Wrongful Death,Bankruptcy,DUI/OVI,Estate Planning,Medical Malpractice,Nursing Home Abuse & Neglect,Probate - Wills,Real Estate Law,Consumer Law,Personal Injury
Kenneth J. Knabe
Kenneth Knabe, Greater Clevelands Bicycle & Car Accident and Safety Attorney, represents fellow cyclists and motorists injured or, killed by careless, inattentive and/or impaired drivers. Championing, advocating and supporting the bike community through bike sponsorships and bike safety education, Kenneth is an avid cyclist and a longtime personal injury lawyer - just the right combination for a bicyclist injured by an unsafe driver. Experience, Dedication And Expertise Matter: Kenneth is a True Bike Injury Lawyer in every sense of the word.
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.
Richard W. Hendrix
A partner at Finch McCranie, LLP, Richard W. Hendrix brings 40 years of experience to his clients in Atlanta and throughout the northern part of Georgia. An accomplished litigation attorney, he divides his practice between white collar criminal defense and personal injury and wrongful death litigation. In the former area, he has defended individuals and businesses that are facing federal criminal charges involving tax fraud, political corruption, antitrust violations and obstruction of justice. His clients have included members of Congress, Fortune 500 corporations, executives, and medical and legal professionals. In his personal injury and wrongful death practice, Mr. Hendrix represents people who have been harmed by the negligence of other parties. He has obtained numerous settlements and jury awards in cases arising out of defective products, motor vehicle crashes and aviation accidents. His successes in both of his practice areas have earned Mr. Hendrix an AV Preeminent peer review rating through Martindale-Hubbell. Prior to law school, Mr. Hendrix attended Davidson College and received a Bachelor of Arts cum laude in 1974. He pursued his legal education at Emory University School of Law in Atlanta and was awarded his Juris Doctor in 1977. After graduation, Mr. Hendrix spent six years as an assistant U.S. attorney with the United States Attorneys Office for the Northern District of Georgia. It was there that he obtained his background in federal white collar criminal proceedings. Mr. Hendrix has been with his current firm since 1985. Admitted to practice in both Georgia and South Carolina, he is also admitted to practice before the U.S. District Court for the Northern District of Georgia, the U.S. District Court for the District of South Carolina, and the U.S. Courts of Appeals for the 4th, 5th and 11th Circuits. 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.
1700 South Tower, 225 Peachtree Street, NE,, Atlanta GA 30303
Terry D. Jackson
As a catastrophic injury lawyer in Georgia, Terry D. Jackson represents those in Atlanta and the surrounding regions and is the founder of Terry D. Jackson, P.C. His practice areas include wrongful death, product liability, premises liability, motorcycle accidents, defective products, bus accidents, brain injuries, boat accidents, truck accidents and car accidents. Unafraid to take on insurance providers and powerful corporations, he uses his 20 years of experience to advocate for the wronged and injured.Mr. Jackson first earned a Bachelor of Science in business administration and accounting from the University of Tennessee, then obtained a Master of Arts in accounting and taxation from the same school. Moving on to the University of Georgia School of Law, he earned a Juris Doctor in 1993 and was immediately admitted to practice in Georgia.After representing clients in over 100 trials in both federal and state courts, Mr. Jackson has recovered several of the largest verdicts in Georgia and has obtained more than $100 million for clients over the years. He is a dedicated attorney who is invested in helping those who have been injured and their families secure justice and the compensation they need to live a high quality of life even after the carelessness of another has influenced their future.Mr. Jackson has a long record of success, with $10.2 million compensation in a product liability case, a two million-dollar compensation in a wrongful death and high-speed police pursuit, a wrongful death verdict of $8.3 million for a dump truck accident, and over one million dollars for a truck accident.