Some of us even considered ourselves experts. Perhaps an auto accident weakened a joint that started causing you pain much later. The bears congregate around the waterfall to fish for salmon. Everything looks orderly and fairly well-established, so it seems like if you just use common sense, you can get through it just fine. Also, most attorney fee agreements set forth one fee for settlements (generally one-third) and a higher fee for litigation (generally 40 percent).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
What should I do?” or “I’m doing physical therapy, but every time I move my neck a certain way, I get dizzy. Usually, the insurance company will send a property damage adjuster to inspect your car and prepare a repair estimate. He said he understood, but when the bills started arriving in his mailbox, he was either unable or unwilling to let my office take care of them. Sometimes, your health insurance company will use this information to file a lien.Read More
It is only after I persuade the insurance company of its risk that it will make you a reasonable offer. A good mediator makes sure that both sides feel heard and respected. Earlier, I mentioned my client who fractured her heel on the brake pedal of her car when she was T-boned at an intersection. Children often require different kinds of medical treatment than adults. Either way, I always work to maximize the net recovery to your child and to reduce any expenses that might need to be deducted from the settlement.Read More
Appeal: A request that a higher court review the findings of a lower court. Collision coverage is generally subject to a deductible. “There are two ways to prove damages to a motor vehicle caused by a collision. This procedure, the hospitalization, the anesthesia, the physical therapy, the prescription costs, etc. No one forced that caller to settle for the $500.Read More
Top Lawyers Pick
- Christopher D. Codling
- Will Corrigan
- P. Craig Morrow, Jr.
- Tom R. Pabst
- Mark S. Jacobs
- Jonny Kool
- Daniel H. Rose
- Michael A. Kornbluth
- Kevin R. Dean
- Angus M. Lawton
- J. Kyle Findley
- Timothy J. Fennell
Christopher D. Codling
Christopher Codling and trial partner, Robert Sparks, obtained the largest jury verdict in a pedestrian injury case in Hillsborough County history – an award of $30 million which was recognized as one of the largest verdicts in America in 2017. This record setting verdict came on the heels of various other million dollar litigation and settlements, establishing Christopher as one of the preeminent personal injury trial attorneys in the state.As a former lawyer for one of the nations largest insurance defense firms, Christophers expertise on the other side of the courtroom has made him invaluable in the pursuit of justice for his current clients when they are up against huge insurance corporations that wrongfully deny or underpay insurance claims. Christopher has recovered millions of dollars on behalf of his clients for cases involving wrongful death, negligence, medical malpractice, truck and auto accidents, insurance disputes, and commercial litigation.Christophers litigation success has recognized him among the top attorneys in the country as a Top Lawyers ‘Rising Star, on The National Black Lawyers Top 100 list and Expertises Best Personal Injury Lawyers in Tampa.A native of the Tampa Bay area, Christopher attended and played football at Florida State University and was a member of the 1993 National Championship team. After earning his Bachelor of Arts in Criminology, Chris attended law school at the University of Florida where he also served as an intern for some of the best trial lawyers in the State of Florida.Christopher is a member of the Omega Psi Phi Fraternity, Inc. which actively participates and supports the community through various service projects that promote mens health, education and voter registration initiatives; the George Edgecomb Bar Association; the Hillsborough County Bar Association and the Florida Justice Association. Additionally, Chris is an avid hunter and fisherman who enjoys the outdoors when not practicing trial law.
The founder of Corrigan Law, PLLC, William M. Corrigan focuses his practice primarily on criminal defense matters. He provides representation to clients throughout the Louisville, Kentucky, greater metropolitan area who are facing state or federal misdemeanor or felony charges, including driving under the influence, drug possession and trafficking, white collar crimes such as fraud, embezzlement, money laundering and forgery, rape, child pornography, domestic violence, and prostitution. Mr. Corrigan also has experience with personal injury and wrongful death litigation involving medical malpractice and truck and other motor vehicle accidents.Raised in Louisville, Mr. Corrigan attended the University of Kentucky as an undergraduate, where he majored in sociology and received a Bachelor of arts in 2006. He then went on to pursue his legal education at the University of Louisville Louis D. Brandeis School of Law and was awarded his Juris Doctor in 2009. Upon graduation, Mr. Corrigan joined the Louisville-Jefferson County Public Defender Corporation, where he spent more than two years as a staff trial attorney representing indigent defendants. He then was an associate at an area insurance defense firm before founding his own firm in April 2013. Admitted to practice before all Kentucky state courts, he is also admitted to practice before the U.S. District Courts for the Eastern and Western Districts of Kentucky and the U.S. District Court for the Southern District of Indiana.Mr. Corrigan has received an Excellent peer review rating through Avvo. He stays abreast of current developments in his practice areas through his active participation in the Kentucky Bar Association and other legal groups. He has also served his community through his membership on the board of directors of Visually Impaired Preschool Services, a nonprofit organization.
P. Craig Morrow, Jr.
Attorney P. Craig Morrow, Jr. is a senior partner with the Morrow, Morrow, Ryan, Bassett & Haik law firm located in Opelousas, Louisiana. Serving clients throughout Louisiana, including St. Landry Parish, Lafayette Parish, New Iberia Parish and the surrounding areas, Mr. Morrow focuses his practice on helping those who suffered an injury or lost a loved one in a workplace accident or as the result of a someone elses negligence or wrongdoing.A top-rated trial attorney, Mr. Morrow has achieved notable success since he began practicing law in 1994. During that time, he has helped hundreds of clients obtain the full amount of compensation they deserve for their serious personal injury and wrongful death claims involving maritime, aviation and industrial accidents, auto accidents, defective products, medical malpractice, municipal liability, traumatic brain injuries, and other preventable tragedies. He also has extensive experience handling class action litigation involving a wide range of disputes.Over the course of his career, Mr. Morrow has recovered millions of dollars in settlements and awards for his plaintiff clients, earning his membership in the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum. Widely regarded as a leader in his field, he has conducted numerous lectures and seminars across his region, and he has appeared on several televised news programs, offering in-depth legal commentary on a variety of legal topics. He has also authored the monthly Presidents column for the Louisiana Advocates magazine published by the Louisiana Association for Justice (LAJ).A 1991 graduate of Louisiana State University with a Bachelor of Science in criminal justice, Mr. Morrow obtained his Juris Doctor from Southern University Law Center in 1994. The Louisiana State Bar Association admitted him to practice that same year, and he is also admitted to practice before the U.S. District Court for the Western, Eastern and Middle Districts of Louisiana, the U.S. Court of Appeals for the 5th Circuit, and the Louisiana Supreme Court.Highly active in his legal community, Mr. Morrow is a member of many local, state and national professional legal organizations, and he is the 2015-16 Past President of the Louisiana Association for Justice(formerly Louisiana Trial Lawyers Association). He also founded the Trial Lawyers for Warriors (TL4W) organization and is commonly referred to as the Legal SEAL. Craig has earned numerous awards and honors for his professionalism and service, including a Top 10 Attorney Award in Louisiana from the National Academy of Personal Injury Attorneys as well as a Top 100 Trial Lawyers designation from The National Trial Lawyers. Craig has been consistently ranked in the Top 1% of Trial Lawyers in America by the National Association of Distinguished Counsel (NADC).
Tom R. Pabst
Tom R. Pabst has dedicated his legal career to obtaining justice for the underdog, the weak, the powerless and those without a voice. Attorney Tom R. Pabst has been practicing law since November, 1977, having both a law degree and a masters in tax degree (with an all-A average) from Wayne State University. Trial experience includes over 80 major trials with substantial verdicts in the following areas of law: wrongful discharge, civil rights, Whistleblower Protection Act, Federal Constitutional rights, personal injury, medical malpractice and commercial litigation (such as fire loss, minority shareholder oppression and contract disputes). Awards include being recognized as a 2011 Leader in the Lawin Michigan and a Michigan Top Lawyersince 2007. Notable positions include being the President of the Genesee County Bar Association (1994-95), the President of the Flint Trial Lawyers Association (1991-1994) and a Chairperson of the Bench and Bar Committee. Articles written by Tom R. Pabst include: ,Increased Protection for Whistleblowers of Michigan,, Michigan State Bar Journal. Tom R. Pabst is also a decorated combat veteran, receiving a Purple Heart and Combat Infantry Badge. Additionally, he was the Chairman of the Grand Blanc, Michigan American Legion Post.
Mark S. Jacobs
The founder of and managing partner at Jacobs, Schwalbe & Petruzzelli, P.C. Mark S. Jacobs divides his practice among workers compensation and Social Security Disability Insurance claims and appeals, labor and employment law, and personal injury and wrongful death litigation. Based in Cherry Hill, New Jersey, and with clients throughout the southern and central portions of the state, he is admitted to practice in New Jersey as well as before the U.S. District Court for the District of New Jersey, the U.S. Court of Appeals for the 3rd Circuit, and the Supreme Court of the United States.In the workers compensation area, Mr. Jacobs represents people who have been injured on the job or have contracted an occupational disease, and who are seeking their rightful benefits under their employers insurance coverage. He often assists them with the preparation and submission of the required claim documentation, and provides advocacy in the event that a claim is disputed or denied. His SSDI clients are generally no longer able to work due to a physical or mental disability, and Mr. Jacobs shepherds them through what is often a lengthy and frustrating claims process.In his employment law practice, Mr. Jacobs represents employees exclusively, and has experience in this regard has included discrimination, wrongful termination, and Family and Medical Leave Act disputes. His personal injury cases have arisen out of incidents involving motor vehicle accidents, premises liability and defective products. Highly regarded by his colleagues for his successful track record in all of these areas, Mr. Jacobs has received a 10.0 Superb peer review rating through Avvo and an AV Preeminent peer review rating through Martindale-Hubbell. A recipient of a Juris Doctor from the Camden branch of Rutgers Law School, he also holds an LL.M. from Temple University Beasley 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.
In a legal career that has spanned nearly three decades, Jonny Kool has earned a reputation for deftly handling particularly difficult cases. A partner at Queller, Fisher, Washor, Fuchs & Kool, LLP, in New York, New York, he assists clients throughout the state who have been harmed by another partys negligence or recklessness. Representative matters have included construction site accidents, motor vehicle collisions, brain injuries and wrongful death.After receiving a Bachelor of Arts in English from Ithaca College in 1979, Mr. Kool worked for several years as a commercial fisherman and in construction. He then pursued his legal studies at what is now known as New England Law | Boston and was awarded his Juris Doctor in 1988. A New York native, Mr. Kool is licensed to practice law before the state courts of New York and Massachusetts as well as the U.S. District Courts for the Southern, Eastern and Western Districts of New York.Highly regarded by his fellow professionals, Mr. Kool has received an AV Preeminent peer-review rating through Martindale-Hubbell and an Excellent peer-review rating through Avvo. He is frequently asked to deliver presentations to groups of attorneys on topics such as police liability for civil rights violations, trial advocacy, brain trauma fundamentals and trial practice for young attorneys. A former member of the board of directors of the New York State Trial Lawyers Association, Mr. Kool remains an active participant in that organization as well as in the New York County Lawyers Association and the New York State Bar Association. In addition to English, Mr. Kool is also fluent in Spanish and French, which enables him to better serve his clients.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 H. Rose
Having recovered more than a hundred million dollars in personal injury and wrongful death cases, Daniel H. Rose represents clients throughout California. The Law Office of Daniel H. Rose is widely regarded as one of the leading firms representing victims of bicycle, pedestrian, motorcycle and motor vehicle accidents, including catastrophic and brain injury cases.As professional as he is aggressive, Mr. Rose defines what it means to deliver exceptional customer service. He keeps his clients constantly informed throughout the entire legal process. Former clients often note his compassion for their circumstances and his remarkable knowledge of the law.People who have suffered due to someone elses negligence are often left with myriad concerns, ranging from how they will physically recover to how they will financially afford it. Mr. Rose answers every question honestly and takes every possible measure to return maximum compensation. An example of cases he has resolved in a short period of time include securing $5 million on behalf of a client who was injured when a truck ran a red light and $2 million for a client struck by an unattentive left turning vehicle.For his successes, Mr. Rose holds an Avvo Superbrating, and he has been listed in The National Trial Lawyers: Top 100.Mr. Rose graduated magna cum laude with a Bachelor of Arts in economics from the University of Colorado Boulder in 1980. He went on to receive a Juris Doctor in 1984 from the University of California Hastings College of the Law.Mr. Rose is a member of the Consumer Attorneys of California, The State Bar of California, The Bar Association of San Francisco, the San Francisco Trial Lawyers Association and the American Bar Association.
Michael A. Kornbluth
The Managing Partner at Kornbluth Ginsberg Law Group in Durham, North Carolina, Michael A. Kornbluth handles cases of sexual harassment, executive severance agreements and WARN class actions. With more than 16 years of trial and litigation experience, he is highly qualified to handle any matter related to employment law or personal injury.Michael Kornbluth is a former Chair of the North Carolina Advocates for Justices Employment Law Section and is currently the Vice Chair of the North Carolina Bar Associations Labor and Employment Law Section. A talented lecturer and writer, Mr. Kornbluth has a passion for blogging about the effects of various court decisions on employment law and has lectured on topics such as employment law fundamentals, negotiation and investigation of employment law cases.After receiving his undergraduate degree, Mr. Kornbluth went on to earn his Juris Doctor, graduating with Honors from George Washington Law School. He is admitted to practice before all state and federal courts in North Carolina, along with the U.S. District Courts for the Western, Middle and Eastern Districts of North Carolina.Mr. Kornbluth is committed to providing every client with an experienced legal team, individualized attention, dependable advocacy and diverse legal solutions for a variety of cases and claims.
Kevin R. Dean
Focusing his litigation efforts on catastrophic injury, products liability, and wrongful death cases, Kevin Dean represents victims and families affected by hazardous consumer products, occupational and industrial accidents, fires, premise injuries and other incidents of negligence.Kevin represents people allegedly harmed by defective Takata airbags, Volkswagens diesel emissions fraud, and GMs misconduct regarding its defective vehicles in ,In re General Motors LLC Ignition Switch Litigation,. He has litigated numerous vehicle defect cases, including against the Big Three automotive manufacturers in cases involving defective brakes, door locks, door latches, seat belts and roll overs. He served as trial co-counsel in ,Guzman v. Ford, (2001), the first case brought to trial regarding a defective outside door latch handle, as well as in the vehicle rollover case ,Hayward v. Ford, (2005). He was also a member of the plaintiffs litigation team in the defective seat belt case, ,Malone v. General Motors Corporation, (1998) prior to joining Motley Rice.Committed to occupational safety, Kevin recently secured a jury verdict against SAR Automation, L.P. for $8.8 million in the wrongful death of a worker who fell at a Boeing facility leaving behind a widow and two small children.,Kevin also served as lead plaintiffs counsel in In re Charleston Firefighter Litigation, a wrongful death and negligence case against Sofa Super Store, contractors and multiple furniture manufacturers on behalf of the families of the nine firefighters lost in the June 2007 warehouse fire in Charleston, S.C.Since the 2010 explosion of the Deepwater Horizon, Kevin has been helping people and businesses pursuing litigation, as well as those needing help filing and negotiating their claims. He served as a member of the oil spill MDLs GCCF Jurisdiction & Court Oversight Workgroup and is now helping victims file claims through the new claims programs established by the two settlements reached with BP.Kevins experience also includes the health insurance fraud and post-claims underwriting case ,Clark v. Security Life Insurance Company,, the largest civil RICO case in Georgia history, and ,Wiggins v. Parsons Nursery,, one of the largest environmental and health contamination cases in South Carolina. Kevin also served as a County Commissioner on the Early County Georgia Board of Commissioners and still holds the honor of having been the youngest elected commissioner in county history.Kevin frequently appears in local and national broadcast and print media discussing legal matters of workplace safety, fire prevention and other products liability, as well as specific casework and efforts for changes and improvements in various industries. Recognized as a ,BV® rated, attorney Martindale-Hubbell®, Kevin co-authored Dangerous Doors and Loose Latches,published in ,Trial Magazine, (2004) for the American Association for Justice, and authored The Right to Jury Trial in ERISA Civil Enforcement Actionspublished in ,The American Journal of Trial Advocacy, (1989). Please remember that every case is different. Any result we achieve for one client in one matter does not necessarily indicate similar results can be obtained for other clients.
Angus M. Lawton
Angus M. Lawton is the founding attorney of the Lawton Law Firm in Mount Pleasant, South Carolina. Mr. Lawton focuses his practice on personal injury law matters involving motor vehicle accidents, brain injury, medical malpractice, premises liability, trucking accidents and wrongful death. He serves South Carolina residents in Mount Pleasant, Charleston, North Charleston, Goose Creek, Moncks Corner and Summerville.Mr. Lawton has more than 30 years of experience. He is a former insurance defense attorney, and he has acted as a fast track trial judge. His many years of experience and the team-based approach at his firm allow him to provide dedicated and thorough representation to each client.Over the course of his career, Mr. Lawton has successfully recovered significant verdicts and settlements for his clients. In 2016, he was included in the publication The Best Lawyers in Americain recognition of his contributions to the legal profession.A member of many professional legal organizations, Mr. Lawton belongs to the South Carolina Bar, the South Carolina Association for Justice, the American Bar Association and the American Association for Justice. He is active in his local community and belongs to the North Carolina Society of the Cincinnati.Mr. Lawton earned a bachelors degree in philosophy from Duke University and received his law degree from the University of South Carolina School of Law. He is board-certified by the National Board of Trial Advocacy and a South Carolina board-certified civil court arbitrator and civil mediator. He holds a license to practice law before all South Carolina state courts.
496 Bramson Court, Suite 100,, Mount Pleasant SC 29464
J. Kyle Findley
As an attorney at Arnold & Itkin LLP, J. Kyle Findley protects the rights of clients throughout Houston, Texas. He commits his practice to handling catastrophic personal injury cases that involve trucking, land contamination, maritime and plant explosions.In 2004, Mr. Findley received a Bachelor of Arts in government from The University of Texas at Austin. Before earning a law degree from the South Texas College of Law in 2010, he worked in real estate, where he honed his negotiation skills conducting transactions for high net worth individuals and businesses.Knowing the detailed circumstances leading to an injury is imperative for determining who is to blame and how the victim will be compensated. In every case, Mr. Findley conducts a thorough investigation to prove negligence. While treating his clients with compassion, he aggressively pursues justice and has no fear of taking on large corporations.Among a number of seven-figure and eight figure awards Mr. Findley and his team have obtained for clients, he tried to verdict a case in which an offshore crane mechanic was injured. The jury deliberated about an hour before determining that the worker would be awarded $2.9 million. In another case, a Piladelphia jury awarded a $70 million dollar judgment for a pharmaceutical companies failure to warn. Mr. Findley has also negotiated numerous seven-figure and eight figure settlements for his clients.As a testament to his achievements, Mr. Findley holds an Avvo Superb rating; he has been invited to join the Million Dollar Advocates Forum and the Multi-Million Dollar Advocates Forum; and he has been included in The National Trial Lawyers: Top 40 under 40.Active with his peers, Mr. Findley is a member of the American Bar Association, the American Association for Justice, the Houston Bar Association, the State Bar of Texas and the Texas Trial Lawyers Association.
Timothy J. Fennell
Suffering a personal injury may be one of the most devastating experiences someone may ever go through. Physical well-being, finances and even relationships are put at risk in these matters. As managing partner of Amdursky, Pelky, Fennell and Wallen, P.C. Timothy J. Fennell has seen time and again the toll that these incidents have on people. He represents people throughout central New York in these cases as well as matters involving workers compensation, Social Security Disability Insurance and other civil litigation.With an Avvo Excellentrating, Mr. Fennell is known for his compassionate service. He is attentive and makes himself available to clients as much as possible. Past clients remark on how quickly he responded to their concerns and the time he took to explain each step of the legal process.Perhaps most importantly, Mr. Fennell is a results-oriented attorney. He has the ability to account for every loss someone has suffered and to hold negligent parties responsible for those damages. As such, he has helped countless people recover compensation and head down the path to recovery.Mr. Fennell earned a Bachelor of Arts in 1980 from Le Moyne College and a Juris Doctor in 1983 from the Albany Law School.Having decades of experience means Mr. Fennell knows how to navigate any legal setting. He is also a member of the American Bar Association and the New York State Bar Association, which gives him access to invaluable tools and resources.Outside his practice, Mr. Fennell enjoys playing in an adult baseball league and officiating high school basketball. He is also on the faculty for the New York State Bar Associations Young Lawyers Trial Academy.