A drunk driver speeding down the freeway rear-ended the family vehicle, causing it to lose control and spin into another car with a driver and a passenger. We never forget that we are working for you and not the other way around. For that, you need to rely on your doctors. One of the problems I occasionally run into is the person who has been in multiple car accidents in the past, often with exactly the same injuries as he has now. In cases like this one, it can actually help to use the same doctors you’ve used in the past.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
These tasks can include answering questions in writing or in person, disclosing information about yourself, and even submitting to an examination by a doctor chosen by the insurance company. It states what the defendant did; in most cases, he failed to exercise reasonable care in the operation of his vehicle resulting in injuries to the plaintiff. Can you imagine the terror I felt? Instead, we discuss the strengths and weaknesses of your claim and the risks to each side in an effort to find an acceptable middle ground.Read More
10 What can parents do to help insure the safety of their teen drivers? The CDC tells us that “Research suggests that the most comprehensive graduated drivers licensing (GDL) programs are associated with reductions of 38% and 40% in fatal and injury crashes, respectively, among 16 year-old drivers. Even though you may think you were at fault to some degree, the law may not assess any legal blame to you for causing the wreck. Author’s note: Twenty minutes after I completed this chapter, I left my office to drive to my home.Read More
They person did it on their own free will and accord. If you take the time to listen to what they are trying to tell you, this may give you a chance to refute their argument with facts or supporting documentation that the adjuster had not considered. If you are handling the claim on your own, they know you are no real threat to them. But there’s another way that insurers make money that is offensive: When an insurer treats the claims unit as a “profit center,” this is wrong.Read More
Top Lawyers Pick
- Colin F. Campbell
- Russell Hatten
- Armando R. Payas
- Heidi A. Hillyer
- Jason Whittemore
- Melanie VanOverloop
- Michael L. Weiner
- Daniel Estes
- Joseph A. George
- Michael D. Padilla
- Bobby F. Martin, Jr.
- Joseph M. Dunn
Colin F. Campbell
Colin F. Campbell is an attorney and the founder of Campbell & Associates in Buffalo, New York. Mr. Campbell devotes his practice to personal injury law. He has experience handling matters involving motor vehicle accidents, construction accidents, slip and falls and other catastrophic injuries.Mr. Campbell serves clients in the Buffalo, Jamestown and Niagara metropolitan areas and in towns including East Aurora, Cheektowaga, Depew, Eden, Fredonia, Hamburg, Lackawanna, Lancaster, Orchard Park, Silver Creek, Springville, Tonawanda, West Falls, West Seneca and Williamsville. His practice area also includes Cattaraugus, Chautauqua, Erie, Genesee, Niagara and Orleans counties.A licensed attorney since 1992, Mr. Campbell has more than 25 years of experience. He is admitted in all New York state courts and before the U.S. District Court for the Western District of New York. Before representing plaintiffs, he served as an insurance defense attorney in personal injury matters.Mr. Campbell has recovered significant settlements and verdicts for injured individuals over the course of his career. Because of these successes, he has been recognized by the peer review organization Martindale-Hubbell which gave him an AV Preeminent rating.Active in his legal and professional communities, Mr. Campbell is a member of the Bar Association of Erie County, the New York State Bar Association, the American Bar Association, the Western New York Trial Lawyers Association, the New York State Trial Lawyers Association and the American Association for Justice. He is director of the Boys & Girls Club of Eden, has served on his communitys local school board and coached youth sports.Mr. Campbell earned a bachelors degree from the State University of New York University at Buffalo. He received his law degree from the State University of New York University at Buffalo 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.
Russell Hatten is a partner of Chalat Hatten & Banker PC and has practiced Colorado law for the past 16 years. He began his legal career as a litigator in Texas in 1986. In 1993, he was appointed to the bench as Municipal Judge for the City of Rowlett, and as a County Magistrate for Dallas and Rockwall Counties, Texas. While on the bench, Mr. Hatten heard criminal, domestic and civil matters. He continued his plaintiffs personal injury practice when he moved to Colorado and joined Chalat Hatten & Banker in 1999. He has used his judicial experience to good effect, having prevailed on behalf of numerous Colorado clients through settlements and jury verdicts.Mr. Hatten is listed by 2017 Best Lawyers of America. He has been selected for the Colorado Top Lawyers list every year since 2008. He has also earned a BV (distinguished rating) by Martindale-Hubbell®, the authoritative resource for information on the worldwide legal profession. Attorneys with a BV® Distinguished™ Rating from Martindale-Hubbell® are those that have been recognized by their peers to be the best in both legal ability and ethical practice.Russell is available today and would like the opportunity to discuss your case:303.861.1042
Armando R. Payas
Armando R. Payas is a member attorney at the Orlando, Florida, law firm of Payas, Payas & Payas, LLP. With more than 30 years of experience in law, he focuses his practice on personal injury, including medical malpractice.After earning degrees in English and political science from the University of Central Florida, Mr. Payas obtained his law degree from Florida State University College of Law. He is admitted to practice in all Florida state courts, as well as before the U.S. district courts for the middle and southern districts of Florida, and the U.S. Court of Appeals for the 11th Circuit. He is board-certified in civil trial law by The Florida Bar.His accomplishments have earned Mr. Payas honors and recognition from the legal community and media. He received the highest rating of AV Preeminent from the distinguished peer review organization Martindale-Hubbell, and he was included in the Florida Trend magazines list of the states legal elite in 2012 and 2014.Mr. Payas is a member of many professional organizations, including the Orange County Bar Association, The Florida Bar, the American Bar Association, the Florida Justice Association, the Central Florida Trial Lawyers Association, the Florida Association of Criminal Defense Lawyers and the Hispanic National Bar Association. In 2013, he became a member of the Million Dollar Advocates Forum, an organization comprised of attorneys who have achieved verdicts or settlements for their clients of at least $1 million.Committed to education, Mr. Payas has taught law students as an adjunct professor at Barry University Dwayne O. Andreas School of Law. He has also delivered lectures for organizations including The Florida Bar and at seminars offered by the Florida Justice Association.AV®, BV®, AV Preeminent® and BV Distinguished® are registered certification marks of Reed Elsevier Properties Inc. used in accordance with the Martindale-Hubbell certification procedures, standards and policies. 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 practice standards.
Heidi A. Hillyer
Attorney Heidi A. Hillyer is the founder of Heidi A. Hillyer, P.A. in Winter Springs, Florida. Ms. Hillyer practices personal injury law, handling matters involving motor vehicle accidents and premises liability. She serves plaintiffs throughout the Orlando metropolitan region.Dedicated to providing personalized service and representation, Ms. Hillyer understands the impact a catastrophic injury can have on an individual and their family. She delivers effective solutions and works vigorously to ensure her clients receive fair and adequate compensation.Ms. Hillyer is passionate about giving back to her community. In recognition of her pro bono work, the Seminole County Bar Association Legal Aid Society presented her with a pro bono service award in 2016 and 2017, and an advocate of the year award in 2018.Ms. Hillyer belongs to several professional organizations, including the Seminole County Bar Association, the Orange County Bar Association, the Central Florida Trial Lawyers Association and the Florida Justice Association. She is also a member of the Seminole County Florida Association for Women Lawyers.Ms. Hillyer graduated summa cum laude from DeVry University in Atlanta, Georgia, with a bachelors degree. She earned her law degree from Barry University Dwayne O. Andreas School of Law in Orlando, Florida, graduating magna cum laude, and received her license to practice law in 2015. She is qualified to appear before all Florida state courts and the U.S. District Court for the Middle District of Florida.Before her legal career, Ms. Hillyer spent more than a decade as an Atlanta-based direct marketing project manager. This role involved managing direct mail, email and print marketing campaigns for prominent clients.
When he joined Wagner McLaughlin in 2011, Jason brought a wide range of experience that perfectly complements the firms steadfast dedication to protecting the rights of the injured individual. That broad experience provides Jason with a honed ability to vigorously and effectively litigate various complex issues for clients.Jason represents plaintiffs in claims involving premises liability, products liability, wrongful death, automobile accidents, medical negligence and legal malpractice. Prior to joining the firm, he defended corporations in premises liability and products liability claims. His experience representing corporations gave Jason a valuable perspective and insight on the behavior and tactics of corporate defendants – an insight he now wields as extra ammunition in his aggressive legal battles exclusively on behalf of injured plaintiffs.Jason also served as a trial attorney for the Antitrust Division of the United States Department of Justice, through the Attorney Generals Honors Program. While with the Antitrust Division, he was dedicated to protecting the rights of victims, which led him to his lifes calling: to protect the rights of plaintiffs who have suffered unforeseen tragedy through no fault of their own. Now a member of the dynamic Wagner McLaughlin team, Jason has the background, passion, and tenacity not only to fight for but to achieve justice for the firms injured clients.Jason is active in several legal organizations and serves on the Board of Directors for both the Florida Justice Association and the Hillsborough County Bar Associations Young Lawyers Division. He also serves on the Advisory Board for the First Tee of Tampa Bay. Jason earned his Bachelor of Arts in Business Administration from the University of Florida and, later, his Juris Doctorate and Masters in Business Administration from Stetson University College of Law, where he graduated with honors.Born and raised in Tampa, Jason lives with his wife Trisha and their young son.
Melanie VanOverloop has earned a reputation for her tenacious representation of accident victims. An attorney at Chicago, Illinois-based Rapoport Weisberg & Sims P.C. she practices plaintiffs personal injury law with an emphasis on medical malpractice, aviation and motor vehicle accidents, construction negligence, and defective products. Clients from throughout Cook County have benefited from her ability to communicate in the courtroom and extract settlements from responsible parties.Ms. VanOverloop obtained a $1 million settlement for an elderly woman who died from abuse inflicted by nursing home staff. She also participated on legal teams that won settlements for injured workers. Two of those cases produced settlements in excess of $3 million for each client. In the case of a woman killed in a semitruck accident, she oversaw a victory that resulted in a $1.5 million settlement, even when the defendant tried to shift blame onto the victim.Her accomplishments in personal injury litigation have qualified her to write for professional organizations. She authored the Illinois Institute of Continuing Legal Education chapter on construction negligence and co-authored trial notebook chapters on settlements and limitations for the Illinois Trial Lawyers Association. Other professional organizations that count her as a member include The Chicago Bar Association, the Womens Bar Association of Illinois, the American Bar Association and the American Association for Justice.Her higher education began at Purdue University, which granted her a Bachelor of Arts in history and political science. She then enrolled at Loyola University Chicago School of Law and earned a Juris Doctor in 2011. Admitted to practice in Illinois, she is also admitted to practice before the U.S. District Court for the Northern District of Illinois.
Michael L. Weiner
Attorney Michael L. Weiner is a partner at Minneapolis Yaeger & Weiner Law, where he focuses his practice on litigation. Since co-founding the law firm in 2013, Mr. Weiner has continued to build on his already excellent reputation as one of Minnesotas most skilled trial attorneys. Thanks to his many successes, including many multimillion-dollar settlements and jury verdicts, clients from throughout the state turn to him for help with complex legal challenges, such as those related to the following:,• Personal injury,• Products liability,• Railroad accidents,• Federal Employers Liabililty Act (FELA),• Wrongful death,• Insurance bad faith,• Appellate matters,Mr. Weiner began his legal career in 1981 after earning his law degree from William Mitchell College of Law. He has represented clients in state and federal courts throughout the country.After 35 years as a trial lawyer, Mr. Weiner has earned the respect of both his clients and his peers. The Best Lawyers in America has included him among the nations top railroad law attorneys since 2006, and he has taught products liability at his alma mater as an adjunct professor. In addition, he is a published author and a frequent Continuing Legal Education lecturer.When Mr. Weiner is not in court, he is often found at a legal event. He is a member of a number of organizations, including the Minnesota Association for Justice, where he is an emeritus member of the board of governors and on the Amicus and Publication committees.
Attorney Daniel Estes is a partner at Ellis & Estes Attorneys at Law in Corrales, New Mexico. Mr. Estes concentrates his practice on medical malpractice, personal injury and workers compensation matters. He represents individuals throughout the state of New Mexico who have been injured or lost a loved one due to negligence.Mr. Estes has more than a decade of experience and handles a variety of personal injury matters. He has experience settling and litigating cases involving car accidents, bicycle accidents, medical negligence, motorcycle accidents, pedestrian accidents, police brutality, premises liability, products liability, slip and falls, and wrongful death.Over the course of his career, Mr. Estes has successfully settled and litigated numerous malpractice and personal injury cases. He understands the overwhelming impact of a catastrophic injury and is committed to providing compassionate representation and aggressively advocating on behalf of his clients. He gets to know each of his clients and uses his years of acquired skill and legal knowledge to advocate for the best possible outcome.Mr. Estes earned bachelors degrees in history and physics from the University of New Mexico. He received his law degree from the University of Colorado Law School, located in Boulder, Colorado.Following law school graduation, Mr. Estes returned to New Mexico and obtained his license to practice law in 2009. He is qualified to appear and practice before all New Mexico state courts. Outside of the office, Mr. Estes stays involved in his legal community. He is an active member of the State Bar of New Mexico.
3949 Rd., Suite 230,, Corrales NM 87048
Joseph A. George
A partner at Luxenberg Garbett Kelly George, P.C. Joseph A. George divides his practice between workers compensation matters and personal injury and wrongful death litigation. Working out of the firms office in New Castle, Pennsylvania, he represents clients from throughout the surrounding areas, including Butler, Beaver Falls, Ellwood City and Cranberry Township. Mr. Georges workers compensation experience involves assisting people who have been injured on the job or who have developed an occupational disease to obtain their rightful benefits under their employers insurance coverage. He also provides advocacy at subsequent hearings if their claims have been disputed or denied.In his personal injury and wrongful death practice, Mr. George helps clients who have suffered harm due to the negligence of other parties and who are seeking appropriate compensation for their losses. The types of cases that Mr. George has handled have arisen out of motor vehicle accidents, nursing home neglect, premises liability, defective products and medical malpractice, and he has been successful in obtaining numerous sizable settlements and jury awards. His achievements have not gone unnoticed by his colleagues, who have awarded him an AV Preeminent peer review rating through Martindale-Hubbell and a 10.0 Superb peer review rating through Avvo.A Pennsylvania native, Mr. George attended the University of Pittsburgh as an undergraduate and received a Bachelor of Arts degree in 1988. He subsequently enrolled at Duquesne University School of Law in Pittsburgh and was awarded his Juris Doctor in 1996. Mr. George was an associate at another personal injury law firm before joining Luxenberg Garbett Kelly George, P.C. in 2000. He is admitted to practice in Pennsylvania and Ohio and before the U.S. District Court for the Western District of Pennsylvania. Mr. Georges professional memberships include the American Association for Justice, American Bar Association, Pennsylvania Association for Justice and Western Pennsylvania Trial Lawyers Association.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.
Michael D. Padilla
A founding partner of Padilla Law Group, LLP Attorneys at Law, located in Encinitas, California, Michael D. Padilla provides representation to clients throughout San Diego, Imperial and Riverside counties. He focuses his practice on plaintiffs personal injury litigation, with representative matters including motor vehicle accidents, medical malpractice, premises liability, defective medical products and wrongful death.Mr. Padilla received a Bachelor of Arts from San Diego State University in 1972. He then went on to attend the University of San Diego School of Law and was awarded his Juris Doctor in 1975. After graduation, Mr. Padilla spent nine years in the civil litigation department of a well-known San Diego law firm. He was then a partner at another area firm where he handled plaintiffs personal injury cases until co-founding his present firm in 1999. Mr. Padilla is admitted to practice before all California state courts.During his career, Mr. Padilla has obtained several significant settlements and jury awards for his clients. One notable example was a jury award in excess of $63 million in a medical malpractice case where a doctors failure to order a CT scan resulted in brain damage. Another was a $3.7 million settlement for a worker injured in an explosion, where the highest pre-trial settlement offer had been $250,000. His successful track record and high degree of ethics have earned him the respect of his fellow professionals, as evidenced by his receipt of an AV Preeminent peer review rating through Martindale-Hubbell and a Superb peer review rating through Avvo.Mr. Padilla is actively involved in his community. He has served as an adviser to the 22nd District Agricultural Association, which is the sponsor of the annual San Diego County Fair, and he has been a member of the California State University San Marcos University council.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.
Bobby F. Martin, Jr.
Representing clients in cases of wrongful death, personal injury and medical malpractice in Florida, Bobby F. Martin Jr. is an attorney with Morgan & Morgan. For his service to the community and the legal profession, the Memphis Bar Association awarded him the Sam A. Myar Jr. Memorial Award and inducted him as a Fellow. For his high ethical standards and long list of successful results, he holds the highest peer rating possible of AV Preeminent from Martindale-Hubbell.Mr. Martin is a member of many professional organizations and is actively involved in the legal community. These include the Tennessee Association for Justice, the American Association for Justice, the Memphis Bar Association, the Arkansas Bar Association, The Mississippi Bar and the Tennessee Bar Association. Mr. Martin is admitted to practice in Tennessee and before the United States Court of Appeals for the 6th Circuit.In 1994, Mr. Martin graduated from Memphis State University with a Bachelor of Science. He then attended the University of Memphis Cecil C. Humphreys School of Law where in 1998, he graduated with his Juris Doctor. While in law school, Mr. Martin was part of the National Mock Trial Competitions final rounds and named Best Oral Advocate. Memphis Magazine has also recognized him as one of the Outstanding Young Lawyers in the area.Mr. Martin has over two decades of experience and has proven himself to be a well-respected, spirited member of the legal profession. His peers recognize him for his advocacy on behalf of clients, professional work ethic and knowledge of the 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.
One Commerce Square, 40 S. Main Street, 26th Floor,, Memphis TN 38103
Joseph M. Dunn
Joseph M. Dunn is a partner at Wigington Rumley Dunn & Blair L.L.P. working out of the firms office in San Antonio, Texas. Providing representation to clients throughout the state and around the country, he focuses his practice on personal injury litigation, helping injured victims and their family members in cases involving defective products, motor vehicle accidents, medical malpractice and wrongful death.Mr. Dunn received a Bachelor of Science in biochemistry from Texas A&M University in 1986. He then pursued his legal studies at St. Marys University School of Law in San Antonio and was awarded his Juris Doctor in 1990. Beginning his career at a San Antonio law firm, he handled personal injury and general civil litigation cases. Mr. Dunn then joined the Tort Litigation Division of the Office of the Attorney General of the State of Texas, where he defended state employees and agencies in medical malpractice and personal injury lawsuits brought under the Texas Tort Claims Act. After three years there, he moved back to San Antonio and was a partner at a medical malpractice defense firm before joining his current firm in 2008.Admitted to practice in Texas and North Dakota, Mr. Dunn is also admitted to practice before the U.S. District Courts for the Southern and Western Districts of Texas and before the U.S. Courts of Appeals for the 3rd and 5th Circuits. A former member of the board of directors of the San Antonio Trial Lawyers Association, Mr. Dunn remains an active participant in that organization as well as the San Antonio Bar Association, the Texas Trial Lawyers Association and Attorneys Information Exchange Group.