Although specific laws can vary greatly from state to state, the general principles of personal injury law are pretty much the same in every case. Some of us even considered ourselves experts. Technically, a “personal injury” is simply any injury to a person. If a doctor tells you there is nothing wrong, but you know there is, seek a second opinion. If your lawyer can persuade the insurance company that the risks and expenses of litigation outweigh the cost of making a reasonable settlement, the insurance company will relent.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
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I stopped, but the young woman driving her dad’s truck that was traveling behind me was not as attentive. (b) An insurer breaches the duty of subsection (a) of this Code section when, after investigation of the claim, liability has become reasonably clear and the insurer in bad faith offers less than the amount reasonably owed under all the circumstances of which the insurer is aware. In fact, insurance companies tick me off when they ask to be repaid in situations such as this.Read More
Top Lawyers Pick
- Robert P. Bruner
- James G. Biggart, II
- Andrew L. Ellenberg
- Jay Halpern
- Gregory N. McEwen
- Alan S. Milavetz
- Herbert Subin
- Kenneth S. Blumenthal
- Andrew R. Duffy
- Sergio Copete
- Edward M. Steves
- Robert C.T. Reed
Robert P. Bruner
Robert P. Bruner is an attorney at BELT & BRUNER, P.C. in Birmingham, Alabama. Mr. Bruner concentrates his practice on serious injury and wrongful death. He has experience litigating cases involving car accidents, medical malpractice, product liability and wrongful death, serving clients in Birmingham and throughout the state of Alabama.In addition, Mr. Bruner and his firm have established a niche practice involving bad faith and third-party negligence actions, including failure to settle claims against liability insurers on behalf of defendants financially devastated by verdicts beyond their insurance coverage. He has more than a decade of experience and is committed to recovering fair and adequate compensation for his clients.Over the course of his years in practice, Mr. Bruner has attained multimillion-dollar settlements and verdicts for individuals who have been injured or lost a family member. In recognition of his accomplishments, Martindale-Hubbell awarded him an AV Preeminent peer review rating. The National Trial Lawyers also named him one of the Top 100 Trial Lawyers.”,An active member of the legal community, Mr. Bruner belongs to the Birmingham Bar Association, the American Association for Justice and the Southern Trial Lawyers Association. He is a member of the Arthur D. Shores – Robert S. Vance American Inn of Court and serves as an executive committee member and on the board of directors of the Alabama Association for Justice.Mr. Bruner received his law degree from Wake Forest University School of Law and obtained his license to practice law in 2003. He holds an active license in Alabama and North Carolina. He is board-certified in civil pretrial advocacy and civil trial advocacy 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.
James G. Biggart, II
James G. Biggart II is an attorney at the law firm of Morgan & Morgan in Tallahassee, Florida. Mr. Biggart concentrates his practice on personal injury law, representing the injured and their families in cases involving car accidents, trucking accidents and more. He also represents clients in defective product cases and property damage claims.Mr. Biggart obtained his bachelors degree from the University of Florida and earned his law degree from the University of Louisville Louis D. Brandeis School of Law. Before joining Morgan & Morgan, he served as a lieutenant commander in the U.S. Navy Judge Advocate Generals Corps and also held several legal positions throughout Florida at both private firms and government agencies.Licensed to practice in the state of Florida since 1994, Mr. Biggart is also admitted to practice before the U.S. District Courts for the Northern and Middle Districts of Florida. Additionally, he is licensed to appear before the U.S. Court of Federal Claims, the U.S. Court of Appeals for the Eleventh Circuit, the U.S. Court of Appeals for the Armed Forces and the Supreme Court of the United States.Mr. Biggart has been recognized on several occasions for his diligence and hard work. Florida Trend magazine named him to its list of the states legal elite. The respected peer review service, Martindale-Hubbell gave him its highest rating, AV Preeminent.,Active in local and national legal organizations, Mr. Biggart is a member of the Tallahassee Bar Association, the American Bar Association, the Florida Defense Lawyers Association and the Defense Research Institute. He also belongs to the William H. Stafford American Inn of Court.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.
313 N Monroe St, Suite 401,, Tallahassee FL 32301
Andrew L. Ellenberg
Attorney Andrew L. Ellenberg is a partner at NEEDLE & ELLENBERG, P.A. a law firm in Miami, Florida. Mr. Ellenberg practices medical malpractice and personal injury law and serves clients in Miami and throughout the state of Florida in counties, including Broward, Collier, Miami-Dade, Monroe and Palm Beach.A licensed attorney since 1988, Mr. Ellenberg has more than 25 years of experience handling complex injury claims. He has represented numerous individuals who have been injured or lost a loved one due to negligence, airplane crashes, birth injuries, brain injuries, car accidents, medical malpractice, nursing home neglect, trucking accidents and other catastrophic injuries. He has achieved multimillion-dollar settlements and verdicts for his clients.Mr. Ellenberg has received recognition and honors for his accomplishments in the legal profession. He is AV Preeminent peer-review rated by Martindale-Hubbell, the highest rating given by the organization. He has also been listed in publications, including The Best Lawyers in America”, South Florida Legal Guide and Florida Trend magazine.After earning his law degree from the University of Miami School of Law, Mr. Ellenberg gained legal experience defending manufacturers and health care providers in personal injury and wrongful death lawsuits. These roles allowed him to develop knowledge regarding the legal strategies and techniques utilized by the corporate and health care industries, which he puts to use representing injury victims.Mr. Ellenberg enjoys sharing his knowledge and experience with others. He regularly educates other attorneys and law students on handling medical negligence, nursing home negligence, personal injury and wrongful death cases. 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.
Jay Halpern has been a trial lawyer and an advocate for victims of personal injury in the state of Florida for more than 30 years. Mr. Halpern formed his own law firm, Jay Halpern & Associates, P.A. in 1999, and he has since had the privilege of helping people from all walks of life obtain compensation for injuries, deaths and other losses caused by the negligence of others. Over the course of his career, Jay has handled a substantial number of tire and rollover cases, medical malpractice cases, premises liability cases, and auto, motorcycle and truck cases, as well as a myriad of product liability cases. Jay received his Juris Doctor from the University of Florida School of Law and his B.A. degree from Pennsylvania State University with honors. Jay has served on the board of many charitable, civic, and community causes and coached youth sports for 15 years. Jay is a member of the Florida Justice Association, American Association for Justice, and the Miami-Dade Justice Association.
Gregory N. McEwen
Attorney Gregory N. McEwen practices throughout the United States from offices in suburban St. Paul and Minneapolis, Minnesota. With his firms, McEwen Law Firm and ,McEwen and Kestner,, he provides legal representation for cases involving defective drugs and medical devices, business litigation, burns and explosions, trucking accidents, product liability, automobile accidents, motorcycle accidents, and more. He and his firms have recovered in excess of $400,000,000 for clients.Mr. McEwen earned his law degree from Valparaiso University Law School in Valparaiso, Indiana. He is also a graduate of Concordia College in Moorhead, Minnesota. He is licensed to practice law in all Minnesota courts and numerous courts around the United States.Mr. McEwen has worked on numerous high-profile cases over the course of his career, and has been featured in a variety of national newspapers and television news programs. He and his cases have been highlighted in publications including the New York Times, Washington Post, Wall Street Journal, Huffington Post, Chicago Tribune, Minneapolis Star Tribune, and the St. Paul Pioneer Press. His cases have also been on ABC, CBS, NBC, and CNN News.Taking an active role in various professional and community organizations, Mr. McEwen has been on the board of directors for the Minnesota Association for Justice and participates in the American Inns of Court, an organization devoted to improving quality and civility in the legal profession. He is also a member of the Minnesota State Bar Association, the American Association for Justice and the Attorneys Information Exchange Group. He is also a member of the Million Dollar Round Table.
Alan S. Milavetz
Alan S. Milavetz has been a trial lawyer for 33 years. His Minnesota practice includes motor vehicle, wrongful death, brain injury, spinal injury and Mass Tort cases. Mr. Milavetz has resolved thousands of claims arising out of wrongful death, automobile accidents, brain injuries, personal injuries and medical malpractice.A graduate of William Mitchell College of Law, Mr. Milavetz is also a certified rule 114 arbitrator and a civil law mediator. He is licensed to practice law in all Minnesota state and federal courts and is a member of the Minnesota and American Association for Justice. Mr. Milavetz is a member of the Million Dollar Advocates Forum, and the Multi-Million Dollar Advocates Forum, representing a group of plaintiffs lawyers who have achieved multi-million-dollar verdicts, awards or settlements.Mr. Milavetz is strongly committed to helping those in need, professionally and personally. Mr. Milavetz is an active community member. He is a leadership award recipient and serves as a director on numerous boards. He has participated in overseas humanitarian missions in the former Soviet Union and Israel, and is an avid genealogist. Mr. Milavetz is a Graduate of the FBI Citizens Academy. He and his wife have four children.In 2010, Minnesota Lawyer Named Alan Milavetz as One of Its Attorneys of the Year.Mr. Milavetz litigated the case of Milavetz, Gallop & Milavetz, P.A. et. al. v. United States of America and obtained an order declaring portions of the Bankruptcy Act of 2005 unconstitutional. The 8th Circuit issued its decision at Milavetz, Gallop & Milavetz, P.A. v. U.S. 541 F.3d 785, (8th Cir. 2008). The Supreme Court of the United States granted certiorari on June 8, 2009. The case was heard by the U.S. Supreme Court on December 1, 2009, and its decision was issued on March 8, 2010. You can find the Supreme Courts opinion construing the Bankruptcy Reform Act at 130 S. Ct. 1324 (2010).Alan S. Milavetz has been named as one of Minnesotas Top Lawyers more than 15 times. A Top Lawyer is an individual who has been voted as one of Minnesotas top 5 percent of attorneys, by other attorneys. In 2008, Mr. Milavetz was selected as a Top 100 Trial Lawyer by The American Trial Lawyers Association. In 2007, Mr. Milavetz was selected as a Top 40 Personal Injury Attorney by Minnesota Law & Politics. Alan is also rated AV by the respected, nationwide Martindale-Hubbell Law Directory. The ratings are developed by obtaining confidential opinions from lawyer adversaries and judges before whom the lawyer has appeared. Ability rating categories are A, B, C and no rating. An A rating is the very high to preeminent category the highest rating possible. It signifies that the lawyer has reached the heights of professional excellence, recognized for the highest levels of skill and integrity. The V rating is the highest for adherence to ethical standards, reliability and diligence.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.
As the lead trial lawyer with Subin Associates, LLP, Herbert Subin represents clients personal injury cases in New York City, Brooklyn, Bronx, Queens and Manhattan. Known for a successful track record including multimillion-dollar settlements, Mr. Subin has built a reputation at his third-generation family law firm for his dedicated, hands-on approach to his clients cases.Mr. Subin received his Bachelor of Arts with a major in philosophy from Emory University in Atlanta, Georgia. He then went on to graduate cum laude and get his Juris Doctor from Boston University School of Law in 1986. He is admitted to practice law in New York and Connecticut, as well as before the U.S. District Court for the Eastern District of New York and the U.S. District Court for the Southern District of New York.Having served as a Supreme Court committee member for the New York County Lawyers Association, Mr. Subin is well qualified to have appeared as a legal analyst on several local and national television shows, as well as being featured in local media. He has also received the distinction of being recognized as a Paul J. Liacos scholar, and in 2013 untill present he has been selected as one of the top 100 trial lawyers in the nation by The National Trial Lawyers. He has also been selected as one of the Nations Best Lawyers.With an emphasis on complex personal injury cases including car accidents, construction accidents, slip and falls and police brutality, Mr. Subin makes sure to let each client know he will do everything in his power to get them the justice they deserve.
Kenneth S. Blumenthal
Kenneth S. Blumenthal is a seasoned litigator with several multimillion-dollar verdicts and numerous million-dollar settlements. He represents his clients in their cases involving personal injury, medical malpractice, birth trauma, product liability, motor vehicle accidents, will contests and wrongful death.Mr. Blumenthal received his law degree in 1983. Prior to his practice representing plaintiffs, Mr. Blumenthal honed his skills as a defense attorney in medical malpractice, complex business and personal injury litigation cases. In 1995 he left defense work to put his knowledge and experience in complex litigation to use in representing plaintiffs. He has been representing injured people ever since.Mr. Blumenthal is partner in the firm Rourke & Blumenthal, located in Columbus, Ohio. He is admitted to practice in the state of Ohio, in the Northern and Southern U.S. District Courts of Ohio, and the U.S. Supreme Court.
Andrew R. Duffy
If there is a major catastrophe in the Delaware Valley, Andrew R. DrewDuffy is likely to be fighting for the victims. Mr. Duffy is widely considered one of Pennsylvanias best catastrophic personal injury attorneys. He is an annual member of Philadelphia magazines peer-selected, top 5 percent Top Lawyers of Pennsylvania. He is rated AV Preeminent, the highest possible rating, by the prestigious Martindale-Hubbell attorney peer review process and was named one of the Top 100lawyers in Philadelphia. Mr. Duffy has appeared on Fox news, Good Day Philadelphia, CBS 3, NBC 10, KYW and other news outlets to act as a legal expert and to discuss cases he is handling.Mr. Duffy has an impressive track record of multi-million dollar verdicts and settlements for his clients, including: ,$160 Million in a food truck propane tank explosion with over $69 million going to his severely burnt client (the largest burn settlement in Pennsylvania history); ,$124 million verdict in a wrongful death case (the largest contested verdict in a single personal injury case in Pennsylvania history); ,$24.1 million for an injured construction worker (the largest recovery for a construction worker in Pennsylvania history); $,17 million settlement in the Philadelphia Duck Boat tragedy; ,$16.5 million for a millwright seriously burned in an industrial accident; and ,$16.3 million settlement for a union Ironworker whose leg was amputated because shoring failed at a Philadelphia construction project.Mr. Duffy also has a distinguished military service record, serving as a senior defense attorney for the Navy Judge Advocate Generals Corps (JAG Corps) where Drew was presented the New York City Bar Association Award for 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.
Attorney Sergio Copete is the owner and founder of Copete Law Firm in Santa Ana, California. Mr. Copete practices in a variety of areas, including civil litigation, criminal defense, immigration and personal injury. He has experience with matters involving automobile accidents and other catastrophic injuries as well as evictions and other legal issues faced by tenants. He serves clients throughout Los Angeles and Orange counties.Mr. Copete earned a bachelors degree in political science from San Francisco State University and received his law degree from California Western School of Law. He obtained his license to practice law in California in 2013, allowing him to appear in all California state courts.In addition to running his law practice, Mr. Copete stays involved in his legal community through membership in different professional legal organizations and bar associations. He is a member of the Los Angeles County Bar Association and the American Bar Association. He is also active in the Orange County Bar Association and belongs to the associations Young Lawyers Division.Passionate about helping his community with their legal needs, Mr. Copete provides aggressive and personalized service. He strives to consistently deliver high-quality legal representation at reasonable rates.Mr. Copetes knowledge of various areas of law allows him to assist and defend clients in a variety of types of lawsuits. He has experience assisting clients with their business needs, defending them against felony or misdemeanor charges, helping them avoid eviction, resolving their immigration disputes and handling many types of civil litigation actions.
Edward M. Steves
Edward M. Steves is an attorney with the Jacoby & Myers law firm, which has office locations throughout New York and New Jersey. Working out of the law firms Newburgh, New York, law office, Mr. Steves focuses his practice primarily on personal injury claims and helping his clients secure the maximum amount of damages possible for the injuries and losses they incurred as the result of someone elses negligence or wrongdoing. He also assists disabled individuals with obtaining their rightful Social Security Disability benefits.A highly rated trial lawyer with 39 years of legal experience, Mr. Steves has achieved notable success advocating on behalf of innocent accident victims and their families. Throughout the course of his career, he has recovered substantial settlements and awards for those he has served, helping them cover their medical expenses, lost wages and other expenses related to their accidents. In addition, Mr. Steves has extensive appellate experience, successfully challenging dozens of previous court rulings regarding his clients cases in order to help them obtain the justice they deserve.After graduating from Columbia College in 1975, Mr. Steves attended Columbia Law School, where he obtained his Juris Doctor in 1978. Upon receiving his legal degree, he earned his certificate in international law from The Parker School of Foreign and Comparative Law at Columbia Law School.In 1979, the New York State Bar Association admitted him to practice, and he is also admitted to practice before the U.S. District Courts for the Southern and Eastern Districts of New York, the U.S. Court of Appeals for the 2nd Circuit and the U.S. Supreme Court. Remaining active with his alma mater, he is a member of the Columbia Law School Alumni Association.
Robert C.T. Reed
Robert C. T. Reed is a ,personal injury attorney in the Richmond, Virginia, office of Allen & Allen. Rob devotes his practice exclusively to protecting the interests of seriously injured clients and their families in personal injury cases including ,car accidents,, ,trucking accidents,, ,product liability cases,, and ,premises cases,. He has a reputation for working hard for his clients, and fights for fair and just outcomes for them.Prior to joining the Allen Law Firm, Rob was an attorney with an insurance defense firm defending ,personal injury claims,. This experience gave him insight on how insurance companies and their lawyers evaluate claims and handle cases.