Then, as you proceed through this article, I encourage you to revisit what you wrote and see whether you still agree that those were, in fact, the three most important things you could do. An attorney who knows and understands you is in a much better position to persuade the insurance company that your case is different from the statistics on its computer screen. Unfortunately, in this case, the MRI confirmed our worst fears. In the next article, we will discuss how to find the lawyer who is the right fit for you and your family.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
In situations like this, I refuse to speak to the opposing attorney by phone, requiring all communications to be in writing to avoid any further “misunderstandings.” At a certain level of suffering or injustice no one can do anything for anyone. She called her doctor, who advised her to come in for her next regularly scheduled appointment in a week. In the State of Washington, we have a mandatory arbitration program that allows any injured person who is willing to limit his recovery to $50,000 to demand arbitration.Read More
The fact is, there’s always room for improvement, and the lawyer who isn’t working to improve probably isn’t someone you want representing you. As much detailed contact information as you can for the other drivers involved in the accident (name, address, phone numbers, email) There are some other disturbing figures from this report. If not, you should only speak with them to get the information noted above. Either way, you will be faced with towing and storage costs.Read More
” Some companies use a “70%” figure. Compression: The patient should apply pressure to the injured area by using a bandage or some kind of sports wrap to help reduce the swelling. While on the table, the patient’s legs are lifted while the knee is kept straight. You should also be willing to listen (but not always accept) why they adjuster is valuing the claim in a certain range. These laws put potential liability upon an establishment like a bar, restaurant, liquor store or pub if they serve alcohol to someone who is underage and/or visibly intoxicated and that person causes a collision after leaving the business.Read More
Top Lawyers Pick
- Sergio C. Deganis
- Mark L. Karno
- Paul M. Sterbcow
- Ann Marie Maguire
- Jared A. Rose
- Michael Maggiano
- Katherine E. Mayo
- Bradley S. Zimmerman
- Michael L. Justice
- Jeffrey (Jeff) P. Boyd
- David A. Cutt
- Jeffrey D. Boyd
Sergio C. Deganis
Sergio (Serg) Deganis has successfully represented individuals and companies in all types of legal matters.His goal is to attain his clients objectives through promptly negotiated s,ettlements, mediation, arbitration awards, bench or jury trials.For over 35 years Sergio has litigated personal injury and property damage cases of all types, including: motor vehicle accidents, slip/falls, construction accidents, product liability, dog bite incidents, TBI/closed head injuries, sexual assault and harassment, legal malpractice, medical malpractice, wrongful death, toxic exposure matters, uninsured motorist, underinsured motorist, subrogation, declaratory judgment litigation, and insurance coverage disputes.While working on behalf of General Electric Company Sergio was involved with product liability litigation nationwide involving: wrongful death, construction accidents, explosions, electrical fires and significant burn cases, locomotives, fork lifts, switch gear, circuit breakers and panel boards, deep fat fryers, plastics, florescent lighting products and electrical appliances of all types.Sergio has been rated AV Preeminent, the highest level of professional excellence by Martindale-Hubbell from 2011-2019. He has also been named to Bests Recommended Insurance Attorneysfrom 2011-2019. He is admitted to the Connecticut and Massachusetts bars. Sergio is certified in Civil Trial Law by the National Board of Trial Advocacy. 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.
Mark L. Karno
As principal of Mark L. Karno & Associates, L.L.C. a law firm consisting of five (5) dedicated, aggressive and ethical attorneys, Mr. Karno handles a variety of personal injury matters, particularly motor vehicle accidents, nursing home neglect and abuse, product and premises liability, catastrophic injury and wrongful death. Mr. Karno has extensive litigation experience in all state and federal courts throughout Northeastern Illinois. He also takes cases pertaining to commercial and residential real estate transactions as well as matters involving workers compensation claims. Mr. Karno meets with his clients in his Chicago and Aurora, Illinois offices.Mr. Karno is committed to providing compassionate and thorough service to injured clients and their families, and he works tirelessly to help them receive the compensation they deserve. His efforts have resulted in numerous multimillion-dollar settlements and verdicts that have secured him a place in the highly selective Multi-Million Dollar Advocates Forum. Mr. Karno is highly sought after to speak on personal injury and civil litigation matters at continuing legal education seminars.After receiving a Bachelor of Science in finance from the University of Illinois at Urbana-Champaign, graduating with high honors in 1979, Mr. Karno earned his Juris Doctor from the Illinois Institute of Technology Chicago-Kent College of Law in 1982. He is admitted to practice law in Illinois and before the U.S. District Court for the Northern District of Illinois and the U.S. Court of Appeals for the 7th Circuit.Mr. Karno has received the highest peer-reviewed rating of AV Preeminent from Martindale-Hubbell and is a member of the prestigious American Society of Legal Advocates. He is a member of the Board of Directors of the Illinois Bar Foundation and is an active member of various bars and associations, including the American Association for Justice, the Illinois Trial Lawyers Association, the Decalogue Society of Lawyers and the Illinois State Bar Association where he had served as an elected member of its Board of Governors. Recently, he was re-elected the Treasurer of the Illinois Bar Foundation where he has also been serving as a Board Member since 2014.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.
Paul M. Sterbcow
Paul M. Sterbcow is managing partner of Lewis, Kullman, Sterbcow & Abramson in New Orleans. While Mr. Sterbcows scope of practice is interdisciplinary, including business and general civil litigation matters, he is particularly well-versed in admiralty law, a field that includes everything from injury claims by offshore oil rig drillers to complex claims involving federal statutes such as the Oil Pollution Act. He is one of 17 attorneys appointed by a federal judge to handle MDL cases against the oil and industrial corporations involved in the massive Deepwater Horizon oil spill. He served as co-lead counsel of the liability trial team in the MDL.Recent cases include Mr. Sterbcows representation of the family of an African-American college student killed by the bouncers at a New Orleans bar, representation of 28 Louisiana rice farmers against an agricultural conglomerate that allegedly contaminated their crops with genetically engineered rice seed and representation of an offshore oilfiled worker who suffered serious brain damage in a helicopter crash. In addition, he has represented hundreds of commercial fishermen, property owners, divers and business owners whose livelihoods were threatened following the BP oil spill.Mr. Sterbcow practices in Louisiana and before the U.S. Court of Appeals for the 5th Circuit and the U.S. District Courts for the Eastern, Western and Middle Districts of Louisiana and the Southern District of Alabama. He is a member of the American Bar Association, the American Association for Justice and the Louisiana Association for Justice, in which he has held multiple leadership positions. He is a fellow in the Amercan College of Trial Lawyers and the International Academy of Trial Lawyers.A prolific author and lecturer, Mr. Sterbcow has delivered dozens of talks on topics ranging from maritime law to personal injury for conferences and CLE seminars around the country. He received his undergraduate degree with a B.S. in Political Science from Tulane University in 1982 and his Juris Doctor from Tulane Law School in 1986.
Ann Marie Maguire
A personal injury attorney with Keches Law Group, Ann Marie Maguire represents clients in Massachusetts. She handles cases of medical malpractice, products liability and general personal injury law. A Fellow of the Massachusetts Bar Foundation Society of Fellows, she formerly worked in the Appellate Division of the Suffolk County District Attorneys Office and for the Division of Employment Security for the Commonwealth of Massachusetts.Ms. Maguire attended the Institute for American Universities in France before obtaining her Bachelor of Arts in sociology from the University of Massachusetts in 1973. In 1976, she obtained her Juris Doctor from Western New England University School of Law. She is a former committee member of the Massachusetts Committee for the Friends Academy and was appointed to the Judicial Nominating Committee by two separate governors.A member of the Womens Bar Association of Massachusetts, the Massachusetts Bar Association, the Massachusetts Academy of Trial Attorneys and the American Association for Justice, Ms. Maguire is also on the Board of Trustees for the Southern New England School of Law. Other associations Ms. Maguire is involved with are the Worcester County Bar Association, the Bristol County Bar Association, and the Association of Governing Boards of Universities and Colleges.With over three decades of experience, Ms. Maguire focuses her efforts on the victims of catastrophic injuries and their families, and has been involved in several multimillion-dollar settlements and verdicts. She is a regular speaker and lecturer who often speaks to educate other trial attorneys.
Jared A. Rose
I grew up on a farm in central Kansas and graduated from Kansas State and NYU School of Law. I live in Kansas City, Missouri, and have a license to practice law in both Kansas and Missouri.I represent people whove been injured by someone else or by a defective product. I also represent people in business disputes and people who have been defrauded by their investment advisors.Most people who have been harmed need a lot of help navigating the legal system. Youre not just up against the person who harmed you, youre also up against their insurance company and lawyers. The insurance companys goal is to pay you as little as possible.I used to represent big companies at a big Kansas City law firm, but I like representing individual people a whole lot more. Starting my own firm to do this kind of work was the best decision I ever made.If you have been harmed and someone else is at fault, please give me a call, and I can talk with you about your case for free. In injury cases, I do not take any payment upfront, and I do not get paid unless you receive a settlement or a court judgment. In business disputes and investor fraud cases, I also usually work on a contingency fee, but some clients choose to pay me at an hourly rate. Initial consultations are always free.Because I work on both injury cases and on financial fraud cases, I have worked on a wide variety of cases over the years. I have handled many kinds of injury cases involving motor vehicles, including car crashes, semi-trailer wrecks, motorcycle wrecks, and wrecks caused by drunk drivers. I have handled many different kinds of fall cases, including falls from balconies, falls on ice, falls on liquid spills, and falls in potholes and other dangerous surfaces. And I have handled many kinds of cases involving defective products, including medical devices, home appliances, and chemical products. I have also represented many clients who have been defrauded, cheated, and lied to by their broker or investment advisor. Most of those cases have to be filed in arbitration, because there is usually an arbitration provision in your contract with your investment advisor. The arbitration process is a little different than court. You will need someone that understands that process. I am certified as a FINRA arbitrator, which means I can serve on the arbitration panels that judge other investor fraud cases, in addition to being able to file cases for my own clients. If your broker or investment advisor did you wrong, please give me a call to discuss your case.
Michael Maggiano is the founder and senior partner of ,Maggiano, DiGirolamo & Lizzi,. He has dedicated his practice to personal injury litigation with a focus on Car Accidents, Construction Accidents as well as Medical Negligence for over 35 years.According to his peers, Michael Maggiano is one of the top trial lawyers in the New York/New Jersey Metropolitan area. Rival attorneys say Maggiano consistently displays a depth of knowledge and understanding of medical and complex legal issues that makes him an effective force in any courtroom. He has tried cases throughout the NY/NJ Metro area as well as in various states of the United States.His expertise is often sought out and he has been asked to speak to attorney groups on the complexities found within specific types of person injury cases. He has taught continuing legal education seminars sponsored by the New Jersey State Bar Association and the New Jersey Association for Justice.
Katherine E. Mayo
Katherine is passionate about fighting for the rights of individuals, laborers, and landowners who have been injured by medical malpractice, workplace accidents, exposure to toxins, defective products, environmental contamination, and other negligent conduct.Her unwavering determination to secure the maximum recovery possible for her clients combined with her analytical acumen, skillful communication inside and outside of the courtroom, and ability to offer compassionate representation, during what is often an extraordinarily difficult time in her clients lives, make Katherine a powerful and trusted advocate.Matters and Case Studies,Katherine has recovered millions of dollars for her clients:, - Recovered ,$435,000, for a woman who was severely injured by a defective vaginal mesh, - Obtained a ,$298,530 ,settlement for a man who suffered from bladder cancer linked to his use of a diabetes drug, - Negotiated many more six-figure settlements for the victims of defective products, - Second-chaired preparations for a medical malpractice trial that resulted in a ,$4.5 million ,settlement for the plaintiff who had been misdiagnosed with hemophilia and treated with unnecessary blood transfusions that infected her with HIV and hepatitis C, - Drafted a high-stakes motion that allowed a mother and the estate of her deceased child to recover ,$1.5 million, after years of bullying led to the boys tragic death
Bradley S. Zimmerman
The managing partner of The Jacob Fuchsberg Law Firm, Bradley S. Zimmerman is one the most respected and highly regarded civil trial attorneys in New York. Located in Manhattan, Mr. Zimmerman focuses his practice exclusively on Personal Injury, Medical Malpractice, and Wrongful Death litigation, representing people throughout the metropolitan area who have incurred economic losses and pain and suffering due to the negligence of other parties.Mr. Zimmerman has handled a wide variety of complex litigations including medical malpractice deriving from birth-related injuries, delay in diagnosis of cancer, and the failure to timely evaluate and treat strokes and heart attacks. Mr. Zimmerman has also successfully represented individuals who have been gravely injured in motor vehicle accidents, bus and truck crashes, construction site accidents, premises liability, and nursing home abuse.Throughout his distinguished career, Mr. Zimmerman has obtained numerous multimillion dollar results for his clients and his fellow professionals have taken note of his successes. He is known for his sensitivity and compassion for the families who have endured these life-altering events but is also known for his tenacity and prowess in the courtroom.In addition to being consistently selected to the NY Metro Top Lawyers list every year since 2014, Mr. Zimmerman has been named to the Litigation Counsel of America and The National Trial Lawyers: Top 100, Top 25 Medical Malpractice Attorney, and he has received a 10.0 Superb peer review rating through Avvo.Mr. Zimmerman has written numerous articles on topics related to his practice areas, and he has delivered presentations on medical malpractice and hospital negligence. He proudly served as Chair and Lecturer to the New York State Trial Lawyers Institute for a Birth Trauma Seminar which he presented to the legal community.Majoring in political science and government, Mr. Zimmerman attended Franklin & Marshall College, and he received a Bachelor of Arts in 1988. His legal education was obtained at the Widener University Delaware Law School, and he was awarded his Juris Doctor in 1991. Admitted to practice before all New York and New Jersey state courts, he is also admitted to practice before the U.S. District Courts for the Southern and Eastern Districts of New York and the U.S. District Court for the District of New Jersey. Mr. Zimmerman currently serves on the board of directors of the New York State Trial Lawyers Association, and he is a past member of the Medical Malpractice Committee of the Association of the Bar of the City of New York.
Michael L. Justice
Michael L. Justices own name reflects the intense passion he has for making sure injured and wronged clients receive the justice they deserve. Representing people in Westlake Village and Southern California, Mr. Justice makes it a matter of pride to aggressively defend his clients interests against businesses and individuals that are at fault for their suffering. He realizes this is a stressful and sometimes painful time for his clients, so he takes great care to handle each case with compassion, understanding and personalized attention.Mr. Justice has extensive experience with a wide variety of personal injury and discrimination issues, including catastrophic brain and spine injuries, burns, sexual harassment, business disputes and employment discrimination. He has successfully settled or brought to trial hundreds of cases that have resulted in his clients receiving compensation for their injuries or injustices.After graduating from the University of La Verne College of Law, where he was class valedictorian, Mr. Justice passed the bar exam on his first attempt. One of his proudest accomplishments was becoming a member of the prestigious American Board of Trial Advocates in 2008.A few of his successes particularly stand out as reminders of why he enjoys making a difference in peoples lives. In one case, he won a settlement for over $500,000 against a foster family that had abused children in its care. In another, he settled with a school district for forcing a boy with a disability to walk when he wasnt able. Another success involved winning an outstanding compensation for an elderly employee who was wrongfully terminated. Mr. Justice is proud of his law firms long string of triumphs that have helped clients recover from their losses and move on with their lives.
5707 Corsa Avenue, Second Floor,, Westlake Village CA 91362
Jeffrey (Jeff) P. Boyd
Suffering a personal injury goes beyond the physical pain and changes that victims experience. As a partner at Boren & Boyd, PLC, Jeffrey (Jeff) P. Boyd understands the financial and emotional toll that events such as car accidents take. He has obtained substantial verdicts and settlements on behalf of clients in Jackson and throughout western Tennessee who have been in bicycle, motorcycle, truck, boating and recreational vehicle accidents.In 1990, Mr. Boyd received a Bachelor of Arts in business administration from The University of Mississippi, earning a Master of Business Administration from the same school in 1991. He then attended the Samford University Cumberland School of Law, earning a Juris Doctor in 1994.A member of the Tennessee Bar Association and the Alabama State Bar Association, Mr. Boyd has access to invaluable resources and a network of professionals who are indispensable to the personal injury lawsuit process. He dedicates personalized attention to every client, taking the time to understand the damages they have suffered.A former insurance defense attorney, Mr. Boyd knows how both sides of these claims work. He has intimate knowledge of insurance provider processes and brings that experience to his practice, where he ensures these companies are compensating clients to the fullest extent.Mr. Boyd is admitted to practice before the U.S. District Court for the Eastern District of Tennessee, the U.S. District Court for the Western District of Tennessee and all state courts in Tennessee and Alabama.When he is not serving clients, Mr. Boyd enjoys spending time with his four children and rooting on the Ole Miss Rebels.
David A. Cutt
David A. Cutt is a founding partner at Eisenberg, Cutt, Kendell & Olson. He has recovered millions of dollars for his clients including a $14.6 million jury verdict in a medical malpractice case and a $1.5 million verdict in a ski accident case. His practice focuses on catastrophic injuries, particularly those involving brain and spine injuries; as well as perusing claims for injuries caused by ski accidents, medical malpractice, defective tires and other dangerous products.David graduated from the University of Michigan Law School in 1991. He has been honored for his achievements in the legal profession by U.S. News Best Lawyers in America, SuperLawers, Utah Business Magazines Legal Elite, and Martindale Hubble.David is a former editor of the Utah Trial Lawyer and lectures across the country on topics related to personal injury law. When he is not working, David enjoys spending time with his wife and children and playing the guitar.
Jeffrey D. Boyd
Jeff is an experienced plaintiffs trial lawyer who has tried over 100 civil jury cases in over 45 jurisdictions. His practice areas include motorcycle collisions, bicycle collisions, trucking accidents, wrongful death, insurance coverage disputes, insurance bad faith, wage and hour claims, and legal malpractice.In addition to his active law practice, Jeff has been a national trial consultant for over 14 years and is president of Boyd Trial Consulting, PLLC. He conducts interactive focus groups, assists with theme development, and jury selection. He is frequently hired by many of the top trial lawyers throughout the country to consult on their toughest cases. He is a member of the American Society of Trial Consultants.Jeff is an active member of the American Association for Justice where he serves as a State Delegate and is a member of the Jury Bias Litigation Group. In 2008, he was awarded the Wiedeman & Wysocki National Finance Council Award. He is a Member of the Melvin Belli Society. He is a member of the invitation only National Trial Lawyers Association and sits on the Executive Committee of the Association of Wage & Hour Attorneys. He is also a member of Public Justice. He is a recipient of the Distinguished Service Award from the Ohio Academy of Trial Lawyers and received the Presidents Award from the Ohio Association for Justice. He is a past president of the Central Ohio Association for Justice and former Executive Director of OAJ. Jeff is an Eagle member of the Washington State Association for Justice, Associate Editor of WSAJs Trial News, and a member of the Board of Governors of WSAJ. He is an adjunct professor of trial advocacy at the University of Washington School of Law.