Will you be able to provide for your family? If so, let’s begin this journey together. What kind of doctor should you see, and who will pay that doctor? Based on this report, my PIP coverage continued to pay my accident-related bills. An educated claimant knows what he has to say and what he can keep private.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.
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.
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.
All liability claims are determined by the state laws. There are also commercial decrees in every state that are based on the Uniform Commercial Code. The warranty rules and regulations that affect product liability are contained within these decrees provided by the state laws.
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
We are on your side and we are committed to place your interests first—even ahead of our own. The pain in his neck and back was unbearable. Letting your attorney do her job will be one of the best decisions you can make. This document asks for specific information about the accident and the injuries it caused, as well as information about the person who caused the accident and his or her auto insurance company. If the driver did not have PIP coverage, then the bicyclist’s own auto insurance or health insurance could provide coverage.Read More
If you do not have health insurance, this is yet another reason why you should consult with an attorney. You DO NOT want to wait for a determination of liability while the storage fees mount. Collision coverage will allow you to get your damaged vehicle repaired - even if you caused the wreck. But if you put in a new, upgraded stereo system and speakers, the insurance company will consider this if you are able to provide proof of purchase and reasonable proof of value.Read More
He opined the Nissan Altima sustained an inherent diminished value loss of $3,550. Objective: This is the examination and testing portion of the visit. It is often used to detect bleeding in the brain from trauma, viewing torn ligaments or tendons in the shoulders or knees, or for the doctor to check the disks and nerves of the spine for disk herniations. The question of whether or not the health insurer actually has a lien that allows a recovery is one that is exceptionally complex.Read More
Top Lawyers Pick
- Sara Siesco
- Andrew Winston
- Peter F. Higgins
- David H. Sternlieb
- William A. Gentile
- William C. Callaham
- Chad Stavley
- Rob Sullivan
- Bruce W. Bannister
- David M. Irvine
- David L. Turner
- Stephen R. Chance
Sara Siesco is an associate at Phoenix-based law firm Jones | Raczkowski. A native of Arizona, she focuses her practice on personal injury and wrongful death litigation, providing dedicated representation to clients throughout the state who have incurred economic and noneconomic losses due to the negligence of other parties. The types of cases that Ms. Siesco has handled have involved truck and other types of motor vehicle crashes, nursing home abuse, auto-pedestrian accidents, premises liability, and medical malpractice. She also represents policy holders whose claims have been denied in bad faith by their insurance companies.During her career, Ms. Siesco has been able to obtain numerous sizable settlements and jury awards on behalf of her plaintiff clients, and her successes in this regard have drawn the attention of her fellow professionals. The recipient of a 10.0 Superb peer review rating through Avvo, she has also been named to The National Trial Lawyers: Top 40 Under 40. Admitted to practice before all Arizona state courts, Ms. Siesco is also admitted to practice before the U.S. District Court for the District of Arizona and the U.S. Court of Appeals for the 9th Circuit.Ms. Siesco majored in history at The University of Arizona, and after receiving a Bachelor of Arts she then went on to pursue her legal education at the University of Kansas School of Law. She was subsequently awarded her Juris Doctor after serving clerkships with different law firms. Ms. Siesco initially joined Jones | Raczkowski in 2010 and rejoined the firm in July 2017 after being associated with another Phoenix-area personal injury law firm. A member of the board of governors of the State Bar of Arizona, her other professional affiliations include the Arizona Association for Justice, and she has volunteered for many civic organizations as well.
Andrew Winston, of Winston Law Firm in Fort Lauderdale, Florida, is a personal injury attorney with more than two decades of experience. Mr. Winston handles a wide range of accident cases including auto, bicycle, bus and limo, DUI, hotel, motorcycle, pedestrian, slip-and-fall, ride sharing and more. He represents clients throughout Broward, Collier, Dade and Palm Beach counties in Florida.Mr. Winston graduated from Temple University with a bachelors degree and earned his law degree from Shepard Broad College of Law Nova at Southeastern University. He has been admitted to practice in Florida since 1994 and is also licensed to practice before the U.S. District Court for the Southern District of Florida and the U.S. Court of Appeals for the 11th Circuit.Mr. Winston is experienced with all facets of personal injury litigation, including the business and insurance aspects. He also deals with cases involving defective products, dog attacks, legal malpractice, medical malpractice, property damage claims, traumatic brain injuries and wrongful death.Over the course of his legal career, Mr. Winston has attained a great deal of recognition within the legal profession. He has been mentioned in publications including the Wall Street Journal and Florida Trend magazine, and he has been give the highest rating of AV Preeminent by the respected peer review organization Martindale-Hubbell.Along with serving as a presenter at a variety of conferences and seminars over the years, Mr. Winston has been involved in several professional and community organizations. He is an active member of the Broward County Bar Association, The Florida Bar and the American Association for Justice. He also belongs to the Florida Justice Association and has served on committees within the organization.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.
2924 Rd., Suite 201,, FORT LAUDERDALE FL 33314
Peter F. Higgins
Peter F. Higgins is the owner of Peter Higgins Law in Chicago. Mr. Higgins practice focuses on catastrophic and severe personal injury and wrongful death cases in the areas of railroad/FELA, construction accidents, medical negligence and bicycle and auto crashes. He handles cases in Illinois and across the country.Mr. Higgins earned his bachelors degree from the University of Iowa and later obtained his law degree from DePaul University College of Law. Before opening his own practice in 1995, he gained extensive personal injury trial experience while working for two large Chicago law firms. He has been licensed to practice in all Illinois state courts since 1986 and is also admitted to practice before the U.S. District Court for the Northern District of Illinois.An accomplished personal injury trial attorney, Mr. Higgins has recovered numerous substantial verdicts and settlements for his clients, including multiple recoveries in excess of $1 million. His outstanding work on behalf of clients has resulted in recognition from his peers in the legal community. In 2013, he represented plaintiffs in a products liability fire case against a space heater manufacturer that received a $22 million jury verdict that was recognized as one of the top verdicts in the country by The American Lawyer Journal. He volunteers at a number of boards and has received two distinguished service awards from Chicago Volunteer Legal Services in recognition of his work for underprivileged individuals.In addition to his legal practice, Mr. Higgins is involved with professional organizations including The Chicago Bar Association and the American Bar Association. Mr. Higgins is also a member of the American Association for Justice and belongs to the organizations railroad section.He is also an elected member of the American Board of Trial Advocates.
David H. Sternlieb
A partner at Shapiro & Sternlieb, LLC, David H. Sternlieb offers thorough and professional counsel to people throughout Monmouth, Ocean and Middlesex counties, New Jersey. He focuses his practice on personal injury, workers compensation, discrimination and sexual harassment, and criminal defense. Mr. Sternlieb has assisted clients with a range of matters, including medical malpractice, products liability, traffic violations, and DUI and DWI arrests.Whether he is seeking compensation for losses suffered due to personal injury, defending the rights of those who have been charged with criminal offenses or aiding people with other legal issues, Mr. Sternlieb is a tenacious advocate. Since founding his law firm along with his partner in 1995, he has obtained verdicts and settlements totaling in the millions of dollars on behalf of his clients, and he has successfully defended clients against serious criminal offenses. Mr. Sternlieb looks at legal problems from all angles and utilizes every resource at his disposal, including a network of experts and the most current courtroom technologies, in order to uphold his clients rights.Staying active in the legal community is a priority for Mr. Sternlieb. He is a member of the New Jersey State Bar Association, the American Association for Justice, the Monmouth Bar Association and the New Jersey Association for Justice. Mr. Sternlieb shares his knowledge of the law and justice system procedures with others, giving presentations before various groups on topics relating to his areas of practice.In 1985, Mr. Sternlieb graduated from Middlebury College with a Bachelor of Arts in history. He went on to earn a Juris Doctor from the New York Law School in 1988.
Northpoint Professional Building, 176 Route 9, Suite 303,, Englishtown NJ 7726
William A. Gentile
William A. Gentile is an attorney at Godosky & Gentile, P.C. in New York, New York. Mr. Gentile focuses his practice on personal injury and represents individuals throughout the New York metropolitan area who have been injured in accidents caused by the negligence of another party. He handles cases involving aviation accidents, birth injury, brain injury, construction accidents, medical malpractice, motor vehicle accidents, premises liability, trucking accidents and wrongful death.Mr. Gentile earned a bachelors degree from New York University and went on to attain his law degree from Brooklyn Law School. Following law school graduation, he gained litigation experience working at the Miami-Dade State Attorneys Office as an assistant state attorney. He is licensed to practice in Florida and New York.After relocating to New York, Mr. Gentile joined Godosky & Gentile, P.C. in 2007. Over the course of his career at the firm, he has helped many clients recover settlements and verdicts of worth more than one million dollars.Since beginning his personal injury practice, Mr. Gentile has received various awards and recognitions for his accomplishments. He was listed as one of the Top 40 Under 40by The National Trial Lawyers and has attained the highest possible rating of AV Preeminent by the prestigious peer review organization Martindale-Hubbell.Mr. Gentile enjoys being an active member of his legal community and belongs to a variety of professional organizations. He is a member of the Brooklyn Bar Association, the New York State Bar Association, The Florida Bar, the New York County Lawyers Association and the New York State 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.
William C. Callaham
William C. Callaham is one of the senior partners at Wilcoxen Callaham, LLP, and he represents individuals and their families on matters of wrongful death, personal injury, product liability, premise liability, slip and fall, medical malpractice, elder abuse, attorney malpractice, auto accidents and catastrophic injuries. Mr. Callaham has 45 years of experience representing individuals, insurance companies and major corporations. He has handled cases throughout the state of California, including Sacramento County, Placer County, El Dorado County, Yolo County, and San Joaquin County.Mr. Callaham graduated from San Diego State University with a Bachelor of Science in mechanical engineering. After spending a year as an engineer, he attended University of the Pacific McGeorge School of Law, graduating in 1974 with a Juris Doctor. He was admitted to The State Bar of California in 1974. With more than 40 years experience as a trial lawyer, Mr. Callaham has obtained multimillion-dollar awards through mediation, arbitration and settling out of court. He has been rated AV Preeminent by his peers through Martindale-Hubbell and has earned a Superb rating of 10.0 through Avvo.In 2014, Mr. Callaham was elected president of the American Board of Professional Liability Attorneys. He has been a member of the American Board of Trial Advocates since 1984, achieving the status of Diplomate. He was national ABOTA president in 2008 and has served on the board of directors since 1995. He was elected president of the Sacramento chapter of ABOTA in 1995.He is a member of the American College of Trial Lawyers, the International Society of Barristers, the International Academy of Trial Lawyers, the American Association for Justice, and the National Board of Trial Advocacy. He is a fellow of the Litigation Counsel of America.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.
Chad is a personal injury trial lawyer licensed in Oregon and Washington. He represents victims injured in automobile crashes involving cars, commercial trucks and bicycles. He also represents people who are injured due to defective products, unsafe commercial premises and due to abuse or neglect in nursing home facilities. Chad has recovered millions of dollars for clients in both verdicts and settlements. Chad has been licensed to practice law since 2003 and in that time has tried over 100 cases to verdict.Chad is a member of the Oregon Trial Lawyers Association, Oregon State Bar Association and Washington State Bar Assocaition. Chad grew up in Soldotna, Alaska. Before becoming a lawyer, Chad worked in the commerical fishing industry and in the oilfields of Alaskas north slope. He received his undergraduate degree from Texas State University in 1997. He graduated with honors from the University of Miami School of Law in Miami, Florida in 2003. While at the University of Maimi Chad participated in Miamis highly regarded trial advocacy program, was a member of the trial team, and received scholarships for excellence in trial presentation.Chad is licensed to practice law in Oregon and Washington. His practice is primarily focused on representing people seriously injured due to the negligence of others.
After seven years at one of the Nations top product liability and personal injury law firms, the last two years as a partner, Rob opened his own law firm in 2009, eventually renamed Sullivan Law LLC in 2013. Throughout his legal career, Rob has handled wrongful death cases, as well as serious injury cases in a variety of areas, including products liability, railroad crossing accidents and automotive negligence. Robs practice is exclusively dedicated to representing injured persons and their families and is primarily focused in the area of products liability, trucking and railroad crossing litigation. As lead counsel, Rob has obtained a number of favorable results on behalf of injured people and their families. Rob was counsel in a 2005 verdict against Ford Motor Company where his client was awarded $17 million in damages due to a defect in a Ford vehicle; at the time, the highest personal injury award ever in Jacksonville, Florida. In addition, Rob obtained a seven-figure verdict against Ryder Truck Rental that was listed as one of the Top 20 verdicts of 2006 in Missouri. Rob also represented a family that was awarded a $7 million wrongful death verdict in a trucking case in Arkansas Federal Court in 2011, one of the highest wrongful death awards ever in that venue. Rob obtained another record verdict when his client was awarded a $15 million verdict in a boat explosion case, the highest plaintiffs verdict in Missouri for 2014 and the highest personal injury verdict ever awarded in that venue. In 2015 Rob obtained another record verdict with a $2.5 million award against Ryobi in a wrongful death case involving a lawnmower explosion in the Federal District Court for the Eastern District of Virginia, a notoriously difficult venue for injury cases. In 2016, in Kansas City, Rob obtained a verdict against CrossFit Inc. becoming the first attorney ever to secure a verdict holding the international CrossFit Inc. responsible for injuries to a participant at one its 15,000+ worldwide affiliates. Rob is a member of the Million Dollar Advocates Forum and has been selected as a Top 100 Litigator every year since 2007 by The American Trial Lawyers Association. The cases Rob has been involved in have resulted in settlements or verdicts in excess of $100 million. Rob is a former member of the Board of Governors for the Missouri Association of Trial Attorneys, serving for over ten years, and is the former Chair of the Executive Committee for the Railroad Law Section of the American Association for Justice. He is also a member of the Southern Trial Lawyers Association and the American Association for Justice. Rob has had numerous speaking engagements on a local and national level and has published several articles including articles published in the national publication Trial Magazine. Rob currently handles cases from coast to coast, including cases in Missouri, Maryland, Florida, Tennessee, Arkansas, Minnesota, Kansas, California, Oklahoma, Vermont and Illinois.
1600 Baltimore Avenue, Suite 200,, Kansas City MO 64108
Bruce W. Bannister
Bruce, W. Bannister is a member of the South Carolina House of Representatives and a partner of the law firm of Bannister, Wyatt & Stalvey, LLC. He focuses on family law, eminent domain and complex civil litigation. He has tried cases involving bank fraud, condemnation, personal injury, premises liability, residential and commercial real estate, zoning, planning and land use. Former House Majority Leader, Mr. Bannister now serves as a member of the Ways and Means Committee and was recently named among Best Lawyers in Greenville, S.C. in the practice area of Governmental Relations.A 1995 graduate of Davidson College, Mr. Bannister attended the University of South Carolina School of Law, where he obtained his Juris Doctor in 1998. The South Carolina Bar admitted him to practice that same year.Widely regarded as one of the leading attorneys in the area, Mr. Bannister holds a Martindale-Hubbell Distinguished peer review rating, and Best Lawyers included him in its list of top attorneys in the region in 2018. He has also facilitated a number of legal courses as an adjunct professor at Greenville Technical College.A native of Greenville, Mr. Bannister gives back to his community through his involvement with various civil and charitable organizations, including Leadership Greenville. He also once served on the board for the Greenville Peace Center and for A Childs Haven, and in 2011, he received the Childrens Hospital Legislative Advocacy Award in recognition for his selfless contributions to the Institute for Child Success.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.Best Lawyers® and The Best Lawyers in America© are registered trademarks of Woodward/White, Inc. 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 Woodward/White, Inc.
David M. Irvine
David Irvine is an experienced ,trial attorney in the Charlottesville, Virginia, office of Allen & Allen. Focusing his practice on ,personal injury, and ,medical malpractice,, he has handled cases involvingcar accidents,, catastrophic injuries andwrongful death,. David has litigated cases across the Commonwealth on behalf of deserving clients.David grew up in Buena Vista, Virginia. He received his Bachelor of Arts in Political Science and Religion from Wake Forest University, graduatingsumma cum laude,. He then went on to earn his J.D. from the University of Virginia School of Law. David has published on topics related to litigation in wrongful death cases and trial procedure and regularly speaks on litigation topics. David believes in giving back to the legal community and is active in the Virginia Trial Lawyers Association, serving as President of the Young Trial Lawyers Section from 2013-2014. David is also focused on his community and serves on the Board of Trustees for the Charlottesville Waldorf School.
David L. Turner
Attorney David L. Turner is a partner at Schulten Ward Turner & Weiss, LLP, in Atlanta, Georgia. Mr. Turner leads the firms practice group representing businesses, such as franchise automobile dealers, and also individuals throughout the Atlanta metropolitan area and the state of Georgia. His practice focuses on commercial litigation, insurance law, motor vehicle franchise law, personal injury and professional malpractice.Mr. Turner has been licensed to practice law in Georgia since 1988. As a seasoned litigator, he has attained several multimillion-dollar settlements and verdicts in his professional malpractice and personal injury practices. His cases have involved automobile accidents, medical malpractice, premises liability, wrongful death and more.Mr. Turner earned a bachelors degree in government from Wesleyan University and attained his law degree from the University of Georgia School of Law, graduating cum laude. He is also a registered neutral with the Georgia Commission on Dispute Resolution.Because of his accomplishments throughout his career, Mr. Turner is AV Preeminent peer-review rated, the highest rating, through Martindale-Hubbell. He has also been listed among the Georgia legal eliteby Georgia Trend magazine for multiple years. In addition to his law practice, Mr. Turner stays active in his legal community through membership in professional organizations and other activities. In 2013, he served as a speaker for the Daily Reports In-House continuing legal education seminar series, lecturing on the prosecution of professional liability claims. He is an active member of the Atlanta Bar Association and the State Bar of Georgia.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.
Stephen R. Chance
With an in-depth understanding of how high-level businesses operate, Stephen R. Chance is an important part of the law firm of Watkins, Lourie, Roll & Chance, PC. A former representative for medical professionals facing charges of malpractice, Mr. Chance now represents those in Georgia who have been hurt in cases of severe personal injury or death, including trucking accidents, motor vehicle accidents, nursing home abuse, medical malpractice, and products liability. A growing area of Mr. Chances law practice is whistleblower actions exposing fraud on taxpayers.Admitted to practice before the U.S. District Court for the Southern District of Georgia since 1995, Mr. Chance has served as a member of the State Bar of Georgia Advisory Committee on Legislation, the Tennessee Bar Association, the Georgia Trial Lawyers Association, the State Bar of Georgia, the Executive Committee of the Georgia Trial Lawyers Association, the American Association for Justice, and the Board of Governors of the American Association for Justice. For his commitment to legal ethics and professional accomplishments, he earned the highest peer rating possible of AV Preeminent from Martindale-Hubbell.Mr. Chance began his education at Washington and Lee University, graduating in 1989, before moving on to Georgia State University to earn a Master of Business Administration and Juris Doctor in 1995. Graduating magna cum laude from Georgia State, he was also co-editor of Legislation for the Georgia State University Law Review during his time in law school.Passionate about giving back to the community, Mr. Chance was awarded a Community Service Award by the Georgia Trial Lawyers Association in 2008. Mr. Chance is a founder of Press On, a field of interest fund dedicated to finding less toxic, more effective treatments for childhood cancer. Mr. Chance and his wife, Erin, are also ardent supporters of Intown Collaborative Ministries, which is an organization dedicated to providing housing first for the homeless in intown Atlanta. 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