Instead, you need only show that the treatment you are claiming was reasonable, medically necessary, and causally related to the collision, and the bills will be paid, up to the limits of your coverage. Of course, the most important reason to make good treatment decisions is that you want to get better as quickly and completely as possible. If you are distracted by anything else, you are diminishing your body’s ability to heal, and you are creating unnecessary stress for yourself 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
Finally, he stated that the preschool had a duty to keep its play area fenced in to prevent the kids from wandering off. An attractive nuisance claim is based on the premise that some dangerous things can be so irresistible to kids that adults have a duty to block access, or at least make access difficult. I wish you health, happiness, and prosperity. If certain steps aren’t taken right away, your ability to make a full recovery for your loss may be compromised.Read More
If they are still young enough and/or small enough to be in a child safety seat or booster seat, then put them in it. The answer to the question of “Who pays?” depends on you being able to prove the other driver is at fault for the wreck. For example, if you demanded $2,000. First, you should do this as this will more than likely help you get better. Our client’s medical expenses may greatly exceed that amount just for her hip surgery.Read More
Insurance companies know - based upon their years of experience and all their past settlement data - that if someone has a pile of unpaid medical bills filling their mail box each day, along with other “past due” bills because the injured victim was not able to work, they can often dangle a small financial carrot in front of that person and they will be forced to take it. If multiple parties are injured in the wreck, the insurance company may need some help from the court in apportioning the policy limits.Read More
Top Lawyers Pick
- John J. Schickel
- Dennis J. DeCaro
- Douglas H. Morris, II
- James E. Malters
- Robert L. Saminsky
- Gordon D. Evans, II
- Kevin F. Quinn
- Daniel S. Robinson
- Sahar Malek
- Michael S. Phillips
- Joseph E. Richards
- R. Scott Dover
John J. Schickel
Attorney John J. Schickel is a partner with Coker Law in Jacksonville, Florida. A top-rated, award-winning attorney who has received national recognition as one of the leading trial advocates in the country, Mr. Schickel devotes his practice exclusively to plaintiff personal injury and medical malpractice claims, and he serves the rights and entitlements of victims and their families throughout the greater Jacksonville metro region and surrounding areas.Mr. Schickel holds several certifications in his legal areas. The Florida Bar certified him in both civil trial and workers compensation, and the National Board of Trial Advocacy certified him as a civil trial attorney. In addition, he also holds certification as a circuit court mediator from the Florida Supreme Court as well as federal court mediator for the U.S. District Court for the Middle District of Florida. He is also admitted to practice before the U.S. Court of Appeals for the 11th Circuit and the U.S. Supreme Court.A 1970 graduate of the University of Florida, Mr. Schickel returned to his alma mater and obtained his Juris Doctor from the University of Florida Levin College of Law in 1972. Since entering private practice, Mr. Schickel has enjoyed a highly distinguished, decorated career, including receiving the Justice Harry Lee Anstead Board-Certified Lawyer of the Year award from The Florida Bar in 2006. In addition, the E. Robert Williams American Inn of Court honored Mr. Schickel by naming its Florida chapters professionalism award after him.Among his numerous other accolades and honors, Mr. Schickel holds an AV Preeminent peer review rating from Martindale-Hubbell, and the Jacksonville Financial Times and Daily Record voted him Lawyer of the Year in 2002. He has also received recognition as being among Floridas Legal Elite as well as The Florida Bars Frierson-Colling Professionalism Award for workers compensation and the Presidents Award of Merit.Throughout his career, Mr. Schickel has held a number of leadership roles with The Florida Bar, the American Board of Trial Advocacy and the Jacksonville Defense Lawyers Association. He is also a member of the American Bar Association and the Jacksonville Bar Association as well as fellow of the American Bar Foundation. He also supports his local community through his involvement with various civic and charitable organizations, including serving as president of the Jacksonville Legal Aid Society and on the Jacksonville Chamber of Commerce Board of Governors.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.
Dennis J. DeCaro
Dennis J. DeCaro is a partner with Kupets & DeCaro, P.C. located in Chicago, Illinois. Focusing his practice on personal injury matters, he represents plaintiffs throughout Cook County and surrounding areas in cases involving product liability, motor vehicle accidents, workplace accidents, construction accidents, slip-and-fall injuries and wrongful death. Mr. DeCaro also represents clients whose civil rights have been violated.A recipient of a Bachelor of Arts from the University of Florida, Mr. DeCaro obtained a masters degree in industrial relations from Loyola University Chicago before going on to attend The John Marshall Law School and being awarded his Juris Doctor in 1992. Admitted to practice in Illinois, he is also admitted to practice before the U.S. District Courts for the Northern and Central Districts of Illinois, the U.S. District Courts for the Northern District of Indiana, the Middle District of Tennessee, the Eastern District of Wisconsin and the District of Columbia, and the U.S. Courts of Appeals for the 6th and 7th Circuits.An active participant in several professional organizations, Mr. DeCaro is a member of the Illinois Trial Lawyers Association, the American Association for Justice and The Chicago Bar Association. He also served as the Chairman of the Board of Directors of the Epilepsy Foundation of Greater Chicago from 2013 to 2017, and was a board member of the Epilepsy Foundation of Greater Chicago from 2000 to 2018.Mr. DeCaro has been featured in numerous articles, including one in Good Housekeeping magazine, in which he discussed a case in which a client was suffocated by police and paramedics. He was also featured in an article in Trial magazine, a publication of the American Association for Justice, that covered a fatal premises liability case.Our firm handles every type of injury imaginable including but not limited to, traumatic brain injury, concussion, post-concussion syndrome, headaches, TMJ, cervical spine injuries/pain, thoracic spine injuries/pain, lumbar or low back injuries/pain, burn injuries, hand injuries, lung injuries, rib injuries, spinal fusion surgery, broken bones, fractured bones, chronic illness, femur fractures, tibia fractures, fibula fractures, rotator cuff tears, paralysis, cuts, lacerations, post-traumatic stress syndrome (PTSD), whiplash, ankle injuries, foot injuries, wrist injuries, hand injuries, and eye injuries.
Douglas H. Morris, II
Attorney Douglas H. Morris represents clients from Louisville, Kentucky, and throughout the surrounding areas. He is a partner of the firm Morris & Player, where he handles cases primarily in the areas of personal injury, medical malpractice and product liability.Mr. Morris is a Felllow in the American College of Trial Lawyers, is board certified by the National Board of Legal Specialty Certification and by the American Board of Professional Liability Attorneys. He has been selected for inclusion in Kentucky Top Lawyers from 2007.He graduated magna cum laude from the University of Louisville, Louis D. Brandeis School of Law in 1976. He has obtained numerous jury verdicts and settlements for his clients as lead or sole trial counsel, including a settlement with the Transit Authority of River City (TARC) for $7.2 million, and a settlement of $10 million against an oil refinery for a worker injured in an explosion. He was co-counsel is a $25 million settlement for victims of clergy sexual assault against the Archdiocese of Louisville.
James E. Malters
Extensive trial experience, attention to detail, and aggressive pursuit of clients rights are hallmarks of Jims practice. Located in the southwest corner of Minnesota, he is licensed in Minnesota, South Dakota, and Iowa and frequently handles referrals from other attorneys needing assistance in other states. He has numerous recoveries over $1 million. He is a frequent lecturer at CLEs and was a contributing author to the ,Minnesota Cause of Action Manual, and ,Minnesota State Court Civil Practice Handbook,. He has been designated a Senior Civil Trial Specialist by the Minnesota State Bar Association and a Board Certified Civil Trial Specialist by the National Board of Trial Advocacy since 1990. Jim has served on the Board of Govenors of both the Minnesota State Bar Association and the Minnesota Association for Justice. He has successfully litigated cases involving construction, serious brain injury, wrongful death, aviation accidents, insurance, automobiles, and general personal injury. Legal excellence with outstate neighborly concern is his goal.
Robert L. Saminsky
A partner at Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP, Robert L. Saminsky represents clients in Nassau and Suffolk counties, the Bronx, Staten Island, Manhattan, Queens, Brooklyn, Westchester and Newburgh. His services benefit those dealing with issues of Social Security Disability, personal injury, medical malpractice and workers compensation. Earlier in his career, Mr. Saminsky earned a reputation of being a tireless advocate for clients during his time as a criminal litigation attorney.Having over 30 years of experience as an attorney, Mr. Saminsky understands the nuances of workers compensation laws in New York. His knowledge and past cases are regularly highlighted during his lectures on occupational disease and workers compensation injuries given to law enforcement organizations and labor unions.After earning an undergraduate degree from Hofstra University, Mr. Saminsky earned a Master of Science from The City College of New York. He then went on to earn a law degree from Hofstra University in 1975, and has been working for the citizens of New York since then to get adequate compensation for on-the-job injuries and illnesses.He is a member of the Queens County Bar Association, the New York State Workers Compensation Bar Association, the New York State Trial Lawyers Association and is a former member of the New York State Workers Compensation Board Committee on Medical Authorizations. An accomplished attorney, he offers workers in every industry a valuable resource for getting back on the path to recovery. From simple injuries to life-threatening illnesses, those dealing with cases of workers compensation find a compassionate, professional representative in Mr. Saminsky.
Gordon D. Evans, II
Attorney Gordon D. Evans II is a partner with The Donahey Law Firm in Columbus, Ohio. Serving clients throughout Franklin County and all across the state, Mr. Evans devotes his practice primarily to advocating for those who have suffered an injury or loss as the result of medical malpractice, birth trauma, motor vehicle accidents and other acts of negligence or wrongdoing.A top-rated trial attorney with more than 20 years of legal experience, Mr. Evans has achieved unprecedented success fighting on behalf of the rights and interests of those in need. Throughout his career, he has recovered millions of dollars in settlements and awards for his clients, earning his membership into both the Million Dollar Advocates Forum and the Multi-Million Dollar Advocates Forum.Recognized for his impeccable professional standards and exceptional trial skills, Mr. Evans has received numerous awards and honors throughout his career. He holds a Martindale-Hubbell Distinguished rating and The National Trial Lawyers voted him among the countrys Top 40 Under 40 trial attorneys.A 1997 graduate of Kentucky Wesleyan College, Mr. Gordon attended Capital University Law School, where he obtained his law degree, cum laude, in 2001 and graduated Order of the Barristers and Order of the Curia. He was also heavily involved with the schools mock trial team, returning to coach the team after graduating from law school. He also served on the adjunct legal faculty for the school from 2002 to 2004.He received his license to practice law from the Ohio State Bar Association in 2001, and in 2002, the U.S. District Court for the Southern District of Ohio admitted him to practice.Totally devoted to his practice, Mr. Gordon is active in several professional legal organizations, including the Columbus Bar Association and the American Association for Justice.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 Ratings™ fall into two categories – legal ability and general ethical standards.
Kevin F. Quinn
As a senior partner with the Thorsnes Bartolotta McGuire law firm in San Diego, California, attorney Kevin F. Quinn has achieved unprecedented success advocating on behalf of his plaintiff clients who are dealing with serious and pressing legal issues involving any of the following:,· Personal injury,· Products liability,· Wrongful death,· Medical malpractice,· Mass torts,Widely regarded as one of the top trial lawyers in the country, Mr. Quinn has built a reputation for taking on the tough cases other attorneys either cannot or do not want to litigate, and he has recovered numerous substantial settlements and verdicts, including many multimillion-dollar awards.A former defensive back for West Points football team, Mr. Quinn credits his competitiveness and sportsmanship with making him all the more effective in the courtroom, and he receives many referrals from other lawyers who know he has the skills and resources to tackle the most complex legal challenges.Throughout the course of his career, Mr. Quinn has earned numerous awards and honors for his professionalism and service and his success as a trial attorney. The Best Lawyers in America has recognized him almost every year since 2006, and he has earned the Trial Lawyer of the Year award from the San Diego Trial Lawyers as well as the San Diego Top Attorney award from the San Diego Daily Transcript. Most recently, he received the 2018 Southern California Lawyer of the Year award from The Wall Street Journal.Among his other professional accomplishments and accolades, Mr. Quinn holds an AV-Preeminent peer review rating from Martindale-Hubbell, and he has earned the Outstanding Trial Lawyer Award from the Consumer Attorneys of San Diego for several years.A 1978 graduate of California State University at San Diego, Mr. Quinn obtained his Juris Doctor magna cum laude from California Western School of Law in 1982, where he served with the California Western Law Review. He is a member of several professional legal organizations, including the San Diego County Bar Association, The State Bar of California, the San Diego Trial Lawyers Association, the Consumer Attorneys of California, The Association of Trial Lawyers of America and the American Board of Trial Advocates.Best Lawyers® and The Best Lawyers in America© are registered trademarks of BL Rankings, LLC d/b/a Best Lawyers and Co. LLC. The names, logo, and database are protected under the trademark, copyright, and fair use laws of the United States of America. Any use of name, including in electronic form, must be made only by permission and under the guidelines of BL Rankings, LLC d/b/a Best Lawyers and Co. LLC.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.
Daniel S. Robinson
Daniel S. Robinson is a partner at Robinson Calcagnie, Inc. a 25-lawyer California firm that represents plaintiffs in class actions, product liability cases, and other complex litigation. He has conducted over 20 trials to date, including a 2010 personal injury trial that resulted in a $14.5 million verdict. Mr. Robinson has been appointed lead or co-lead class counsel in numerous cases, includingDodge v PHH Corporation, et al., 8:15-cv-01973; ,Yahoo! Inc. Private Information Disclosure Cases,, JCCP No. 4895 (C.D. Cal.); ,In re 21st Century Oncology Customer Data Breach Security Litig.8:16-md2737-MSS (M.D. Fla.);In re Experian Data Breach Litig., SACV 15-1592 (C.D. Cal.) (15 million consumer T-Mobile data breach);St. Joseph Health System Medical Information Cases,, JCCP No. 4716 ($39.5 million settlement with $242 cash payment to each class member);Blue Cross of California Website Security Cases,, JCCP No. 4647; andRisperdal and Invega Product Liability Cases,, JCCP No. 4775. He has served on the Executive Committees ofIn re Capacitors Antitrust Litigation,, 3:14-cv-03264-JD (N.D. Cal.);In re Heparin Prods. Liab. Litig., No. 1:08-hc-60000 (N.D. Oh.);In re Biomet M2a Magnum Hip Implant Prods. Liab. Litig., No. 3:12-md-2391 (N.D. Ind.); and other cases. CaliforniasDaily Journal, has selected him as one of Californias Top 25 Plaintiff Lawyers in California and Top 20 Under 40”. Mr. Robinson has been recognized as a Southern California Superlawyer from 2014-2018 and Rising Star from 2012-2013. Before joining Robinson Calcagnie, Mr. Robinson was an Assistant District Attorney in the New York County District Attorneys Office under the Hon. Robert M. Morgenthau, and a litigation associate at OMelveny & Myers, LLP. Admitted to Practice,‚ California‚ New York‚ Pennsylvania,Member,‚ Association of the Bar of the City of New York; American Association for Justice; Federal Bar Association; Consumer Attorneys of California; Orange County Bar Association; Orange County Celtic Bar Association; Association of Business Trial Lawyers,2019 Secretary,, Orange County Bar Association,2018 President,, Project Youth OCBFs Society of Fellows,Past President, ,Project Youth OCBF,Co-Chair,, Public Law Centers Volunteers for Justice Dinner,Board Member,‚ OCBA, Loyola Law School, CAOC,Committee Member,‚ Higher Education Mentoring Program,Executive Committee Member,, The National Trial Lawyers Mass Tort Trial Lawyers Association,Member,, LA County Bar Association, OCTLA, ABTL and the Celtic Bar Association,The Best Lawyers in America® 2010. Copyright 2009 by Woodward/White, Inc. Aiken, SC.
Sahar Malek is an attorney and the founder of Sahar Malek Law, APC, in Beverly Hills, California. Ms. Malek devotes her practice to personal injury law with a particular focus on automobile accidents. She serves clients in southern California and throughout the state and has significant negotiation and litigation experience.Before founding her firm, Ms. Malek interned and practiced at firms focusing on consumer protection rights and personal injury. These positions allowed her to develop and refine her legal knowledge and capability. In addition to her legal experience, she is involved with various real estate investment projects.Ms. Malek enjoys staying active in her legal community and belongs to various professional legal organizations. She is a member of the Beverly Hills Bar Association, the Los Angeles County Bar Association, the American Bar Association, the Consumer Attorneys Association of Los Angeles, the Consumer Attorneys of California, the American Association for Justice and the Iranian American Bar Association.Ms. Malek earned a bachelors degree in English literature from California State University, Northridge. She received her law degree from Whittier Law School in Costa Mesa, graduating with a business law certification. She obtained her license to practice law in 2012, making her eligible to appear before all California state courts.In addition, Ms. Malek holds a mediation certificate from the Orange County Human Relations Council, an organization that collaborates with the Center for Civic Mediation in Los Angeles and the Orange County Superior Court system. She is also a graduate of the Plaintiff Trial Academy through the Consumer Attorneys Association of Los Angeles.
Michael S. Phillips
Michael S. Phillips is a highly regarded criminal defense attorney at The Law Offices of Todd Landgren. Based in Irvine, California, he focuses his practice on the representation of people throughout Orange County who have been charged with the commission of felonies or misdemeanors related to allegedly driving under the influence of alcohol or drugs. Mr. Phillips has been a member in good standing of The State Bar of California since 2008, and he is accordingly admitted to practice before all California state courts.Mr. Phillips takes the time to research each clients individual situation and then proceeds to construct a strategy to counter the states allegations. In some cases, a challenge can be made to the initial traffic stop itself on the basis that the law enforcement officer did not have the requisite reasonable suspicion that a crime was being committed. In other cases, Mr. Phillips has argued that the field sobriety tests were improperly conducted, and he has questioned the administration of breath tests, including demonstrating that the Breathalyzer or similar device was improperly calibrated.Mr. Phillips has been able to obtain successful outcomes for many of his clients, whether in the courtroom through dismissals or acquittals, or as a result of the negotiation of favorable plea agreements with the prosecutor. His colleagues have taken note of his track record and have awarded him a 10.0 Superb peer review rating through Avvo. In addition, Mr. Phillips name has been included to both The National Trial Lawyers: Top 40 under 40 and The National Trial Lawyers: Top 100 lists. The recipient of a Juris Doctor from Whittier Law School, he worked for the Office of the District Attorney in Santa Ana before entering private practice.
Joseph E. Richards
Mr. Richards is a Certified Specialist in Workers Compensation Law by the State Bar of California, California Board of Legal Specialization.As an Applicants Attorney and later a defense attorney, Mr. Richards has appeared before just about every Workers Compensation Appeals Board of Southern California on matters such as liens, AOE/COE, priority conferences, threshold issues, expedited trials on issues of medical treatment and temporary disability, mandatory settlement conferences, and trials of cases-in-chief.In May 2014, Mr. Richards entered solo practice in Santa Ana, again exclusively representing Applicants in Workers Compensation claims, from the filing of the Applications for Adjudication to resolution.Mr. Richards now spends approximately 90% of his practice time as an Applicants Attorney in the California Workers Compensation system with regular frequency. The other 10% is split between labor & employment law, wages & hours, personal injury tort law, and disability law.Mr. Richards is a member of the California Applicants Attorneys Association, Orange County Bar Association Workers Compensation Section and a member of the California Lawyers Association Workers Compensation Section. He is also a member of the Million Dollar Advocates Forum, membership in which is limited to Trial Lawyers who have demonstrated exceptional skill, experience and excellence in Advocacy by achieving a trial verdict, award or settlement in the amount of One Million Dollars or more.Every case is different, and past results cannot be a guarantee of future performance.NOTICE:, Making a false or fraudulent workers compensation claim is a felony subject to up to 5 years in prison or a fine of up to $50,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.
R. Scott Dover
Attorney R. Scott Dover, founder of the Law Offices of R. Scott Dover in Pickens, South Carolina, handles cases in many different areas of law. Mr. Dover represents clients within Pickens as well as throughout Anderson, Greenville, Oconee and Spartanburg counties in South Carolina.Mr. Dover practices in the areas of criminal defense, family law, personal injury law and workers compensation. In the area of criminal defense, he has experience with general sessions charges, DUI and drug offenses, juvenile charges and magistrate level offenses.In his personal injury law practice, Mr. Dover represents victims of car, motorcycle, truck and other types of accidents as well as accidents caused by drunk drivers. He also handles wrongful death cases and both temporary and permanent disability workers compensation claims. His family law experience includes matters involving divorce, child custody, child support and separation.After graduating from the University of South Carolina with a political science degree, Mr. Dover earned his law degree from the University of South Carolina School of Law. He is admitted to practice within both state and federal courts in South Carolina.Recognized for his more than two decades of experience, Mr. Dover has been listed in the publication The Best Lawyers in America.He has also been named a master of the bench in the Upstate South Carolina American Inn of Court.Active in his professional community, Mr. Dover is a member of the Pickens County Bar Association, the Greenville County Bar Association and the South Carolina Bar. He is also a member of national groups including the American Board of Trial Advocates and the American Association for Justice.