When we refer to “personal injury claims,” what we are really referring to is negligence claims. Leave the car where the incident occurred unless it is unsafe to do so. The tent sites are located in an enclosure surrounded by electrified wire, so we felt relatively safe. Ultimately, in this case, we had no choice but to file a lawsuit against all of the defendants, including Enrique’s girlfriend. Perhaps you had a vacation to Cabo scheduled months in advance, and while there, you decided to try windsurfing or paddle boarding.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
Once the PIP is exhausted, or if there is no PIP coverage, your health insurance becomes primary. Once you arrive, the exam usually starts with a history. The physical exam could take anywhere from twenty minutes to an hour, and once it is finished, you are free to go. The insurance company had other ideas. Among the hundreds of pages of medical records that became part of the evidence in that case was a reference to an episode of chlamydia, a sexually transmitted disease that the mom had contracted and for which she had received treatment as a teenager.Read More
Further, should you have any desire to explore pursuing your potential claim, you should not delay as there are various statutes of limitation which could limit or completely bar your claims for recovery should you not pursue the matter in a timely fashion. The law is different in 3rd party claims. Section 9-11-68 only applies to “tort claims”. 515, 516- 17(1999), sets the standard: a party seeking to recover for damage to the vehicle has two options in proving the amount of damage.Read More
There may be a time when you do not have a good feeling about the attorney or his office staff that is handling your claim. Added to the medical damages is a listing of the lost wages for the client due to the wreck. Defense attorneys will often send these to our client’s employer(s), as well as to any of the doctors that the client has seen - not only for the injuries sustained in the wreck, but for any reason. The adjuster never admits that your injuries or claims are due to the wreck.Read More
Top Lawyers Pick
- Frederick R. Hovde
- Seth A. Gladstein
- Louis G. Close, III
- Jack J. Schmerling
- Michael Maggiano
- Thomas F. Keating, Jr.
- Noble K. McIntyre
- Stephen E. Raynes
- Frederick J. Fanelli
- Nomaan Husain
- Kevin E. Hulslander
- David N. Krugler
Frederick R. Hovde
Attorney Frederick R. Hovde is a founder of the law firm of Hovde Dassow and Deets in Indianapolis, Indiana. Mr. Hovde has more than 39 years of experience and concentrates his practice on personal injury law. He handles matters involving motor vehicle accidents, medical malpractice, trucking accidents and wrongful death, serving clients in Indianapolis and throughout the surrounding areas.Over the course of his years in practice, Mr. Hovde has established a strong record of accomplishment, helping numerous clients receive compensation after a catastrophic injury or loss of a loved one. Having tried over 110 jury trials during his time in practice, his substantial litigation experience has resulted in many significant recoveries for his clients.Recognized for his achievements, Mr. Hovde is listed in the The Best Lawyers in AmericaandTop Lawyers. He is a former president of the Indiana Trial Lawyers Association and received the distinguished Lifetime Acheivement Award in 2019. He a fellow of the American College of Trial Lawyers, The International Academy of Trial Lawyers, the Indianapolis Bar Foundation and the Litigation Counsel of America a,Mr. Hovde is a member of the Indiana and Indianapolis Bar Association, the Indiana State Bar Association, the Indiana Trial Lawyers Association and the American Bar Association. National organizations he belongs to include the American Board of Trial Advocates and the American Association for Justice.Mr. Hovde obtained a bachelors degree from Southern Methodist University and received his law degree from Indiana University Robert H. McKinney School of Law in 1980.
10201 N. Illinois Street, Suite 500,, Indianapolis IN 46290
Seth A. Gladstein
At the Gladstein Law Firm, PLLC, in Louisville, Kentucky, Seth Gladstein provides robust representation to injured individuals and their families throughout the Louisville area in a broad range of personal injury matters. Mr. Gladstein draws on his rich experience representing some of the nations preeminent medical facilities and practitioners on the other side of the docket to obtain justice for patients injured by medical negligence, and he also takes on claims pertaining to car accidents, wrongful death, nursing home abuse, burns and brain injury. He established the firm in 2011 after working at prominent medical malpractice defense firms in New York City and Louisville.Mr. Gladstein practices before all state courts in New York and Kentucky, and he also appears before the U.S. District Courts for the Eastern and Western Districts of Kentucky. A member of the American Bar Association and the American Association for Justice, he also holds membership in several other city and state bar associations. For three years, he has served as a barrister with the Louis D. Brandeis American Inn of Court, and he has participated in the leadership program of the Louisville Bar Association for two years.As an avid golfer, Mr. Gladstein organized the fundraising program Go For the Green, which provides funds for diversity-based scholarships every year. He is also very active in volunteer efforts on behalf of Louisvilles Jewish community. He earned his Bachelor of Arts from the University of Michigan in Ann Arbor in 1997 and his Juris Doctor from the Illinois Institute of Technologys Chicago-Kent School of Law in 2001. Mr. Gladstein and his wife have two young sons.
Louis G. Close, III
Attorney Louis G. Close, III focuses his Maryland practice on the representation of individuals who have been harmed as a result of medical negligence, products liability and catastrophic personal injury. A 1986 graduate of University of Baltimore School of Law, Mr. Close has successfully handled many complex and serious cases and has obtained millions of dollars in verdicts and settlements on behalf of his clients in his more than 25 years of practice.Mr. Close is licensed to practice law in Maryland, the District of Columbia, the U.S. District Court for the District of Maryland, and the U.S. District Court for the District of Columbia. He has represented clients in trial court venues throughout the state of Maryland, the Maryland Court of Special Appeals, as well as federal courts in Maryland, the District of Columbia and Pennsylvania. His firm, Louis G. Close, III, LLC, is located in Towson, Maryland.
Jack J. Schmerling
Jack Schmerling works as the sole attorney at the Glen Burnie, Maryland, law firm he founded. Mr. Schmerling serves clients in Glen Burnie and Anne Arundel County with a focus on workers compensation claims for those injured on the job. In addition to workers compensation claims, he also provides compassionate representation to individuals in personal injury, DWI and traffic cases, and Social Security Disability claims. As the only attorney at his firm, Mr. Schmerling takes pride in offering personalized service and attention to each of his clients. He also offers a complimentary initial consultation to all prospective clients.Mr. Schmerling obtained his Juris Doctor from California Western School of Law and has more than 35 years of experience. During his career, he has acquired a deep level of knowledge in the workers compensation field. He is often called upon to testify as an authority on the subject in cases before the circuit court. Mr. Schmerling frequently shares his knowledge with others through lectures funded by the Maryland Workers Compensation Education Association, the Maryland Association for Justice and Anne Arundel County Bar Association.In 2010, Annapolis magazine named Mr. Schmerling among their Leading Lawyers in the workers compensation category. He was also asked by the Maryland Workers Compensation Commission to sit on a committee charged with rewriting a portion of the states workers compensation law. He has also won Awards in 2012, 2014, and 2016.When not serving his clients, Mr. Schmerling enjoys spending time with his wife, Sara, and their four sons. He also serves his community by serving on the boards of various charities and other nonprofits at both the state and county level.
7429 Baltimore Annapolis Boulevard, Glen Burnie MD 21061
Michael Maggiano is the founder and senior partner of ,Maggiano, DiGirolamo & Lizzi,. He has dedicated his practice to personal injury litigation with a focus on Car Accidents, Construction Accidents as well as Medical Negligence for over 35 years.According to his peers, Michael Maggiano is one of the top trial lawyers in the New York/New Jersey Metropolitan area. Rival attorneys say Maggiano consistently displays a depth of knowledge and understanding of medical and complex legal issues that makes him an effective force in any courtroom. He has tried cases throughout the NY/NJ Metro area as well as in various states of the United States.His expertise is often sought out and he has been asked to speak to attorney groups on the complexities found within specific types of person injury cases. He has taught continuing legal education seminars sponsored by the New Jersey State Bar Association and the New Jersey Association for Justice.
Thomas F. Keating, Jr.
The founder of his own law firm located in San Rafael, California, Thomas F. Keating Jr. focuses his practice primarily on personal injury and wrongful death litigation. In that regard, he assists clients throughout the San Francisco Bay Area and other parts of the state who have suffered economic and noneconomic losses due to the negligence or recklessness of other persons or entities. The types of cases that Mr. Keating has handled have arisen out of incidents involving premises liability, auto-pedestrian accidents, big rig and other motor vehicle crashes, elder abuse and construction site accidents.Mr. Keating has been able to obtain numerous favorable results on behalf of his clients, and he often uses his experience as a mediator in order to reach an accord without a lengthy trial. However, he is unafraid to take these cases to the courtroom where necessary or advisable, and his previous experience representing insurance companies in these types of claims has enabled him to anticipate the tactics that defendants will attempt to utilize. Mr. Keatings successful track record has not gone unnoticed by his colleagues. He has received an AV Preeminent peer review rating through Martindale-Hubbell and a 10.0 Superb peer review rating through Avvo.Mr. Keating is admitted to practice before all California state courts as well as before the U.S. District Court for the Northern District of California. He is frequently asked to deliver presentations at conferences on topics related to his practice areas. Mr. Keating received a Bachelor of Arts from the University of California, Berkeley, and his legal education came at the University of San Francisco School of Law. His professional associations include the San Francisco Trial Lawyers Association and Consumer Attorneys of California.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.
Noble K. McIntyre
Noble K. McIntyre is the founding partner of McIntyre Law, P.C. in Oklahoma City, Oklahoma and the immediate past President of the Oklahoma Association for Justice. Mr. McIntyre is an astute and experienced litigator who represents clients in cases involving all forms of personal injury, including mass torts, nursing home injury and neglect. His past cases have included car and truck accidents, product liability, drug liability and medical malpractice. He is currently a diligent and formidable advocate for individuals injured in cases involving defective hip implants, transvaginal mesh implants, Paxil birth defects, IVC filter litigation, Proton Pump Inhibitors (PPI) and Physio Mesh cases.Mr. McIntyre was born in North Dakota, but he moved to Oklahoma with his family when he was one year old. He earned his undergraduate degree from Oklahoma Baptist University in 1992, and he graduated with his Juris Doctor from the University of Oklahoma College of Law in 1995.After law school, Mr. McIntyre worked as an attorney and then as a partner with an Oklahoma City law firm for several years before leaving to start his own firm. He and the attorneys at McIntyre Law, P.C. strive to improve their clients lives through dedicated representation and finding full and fair resolutions to challenging situations.Mr. McIntyre is licensed to practice before the state courts of Oklahoma. He is a member of the Oklahoma Bar Association, the American Bar Association and the American Association for Justice. Outside of the courtroom, he enjoys spending time with his wife and three daughters and, along with other employees at the firm, participating in and sponsoring a broad variety of community events and programs in the Oklahoma City area. Mr. McIntyre and the firm have most recently hosted a blood drive and distributed Easter hams and other food items to needy families in the community. His firm recently completed the 8th Annual Day of Kindness where over 6500 turkeys were handed out to needy Oklahomans.
Stephen E. Raynes
Stephen Raynes has distinguished himself in his representation of clients in serious injury and wrongful death cases, often in high profile cases, which he has done with a sensitivity and commitment to confidentiality. He has achieved million dollar and multi-million dollar recoveries on behalf of his individual clients more than 100 times in the areas of general personal injury, medical malpractice and product liability, including countless eight-figure recoveries.He is a Fellow of the American College of Trial Lawyers, which is recognized as the preeminent organization of trial lawyers in North America, and has been inducted into the American Board of Trial Advocates, a nationally recognized organization of distinguished trial lawyers. He has repeatedly been selected as one of the top 100 Top Lawyersnot only in Philadelphia but throughout Pennsylvania. He has been selected by his peers for inclusion inBest Lawyers of America, for 10 straight years and in recognition of being the lawyer with the highest overall peer feedback was namedBest Lawyers 2017 Philadelphia Lawyer of the Yearfor medical malpractice law – plaintiffs.Mr. Raynes has represented victims in some of the highest profile cases locally and nationally. He was the lead lawyer representing the most severely injured child who was sexually abused by Jerry Sandusky in the case against Penn State and Sandusky; he served as the lead lawyer for one of the most severely injured passengers in the recent tragic Amtrak accident; he served as co-counsel for the family of the late Olympic Wrestler David Schultz who was shot and killed by John du Pont; and he served as co-counsel in the representation of victims and their families in numerous fatal aviation accidents in the United States and internationally.Mr. Raynes has advanced the law on behalf of injured victims in Pennsylvanias appellate courts including in the Pennsylvania Supreme Court. In the case ofToney v. Chester County Hosp., 36 A.3d 83 (Pa. 2011), Mr. Raynes convinced the Pennsylvania Supreme Court to significantly expand the responsibility of doctors to provide accurate information to patients. The Toney case is one of the most important pronouncements of the boundaries of a negligent infliction of emotional distress claim under Pennsylvania Law.Mr. Raynes commitment to the community at large and to injured individuals extends beyond the Courtroom. From 2013 through 2015, Mr. Raynes led a pro bono Campaign against the Canadian Government on behalf of the then 94 living Canadian Thalidomide survivors. The Campaign gained national attention in the Canadian press and led a historic unanimous vote by the Canadian Parliament and the securing of an $180 million dollar fund for the Canadian Thalidomide survivors. In addition, Mr. Raynes and his wife Liz are funding the construction of a home to accommodate American physicians and nurses who travel to a Tanzanian medical center to provide volunteer medical services.The Best Lawyers in America 2010. Copyright 2009 by Woodward/White, Inc. Aiken, SC,AV Preeminent and BV Distinguished are certification marks of Reed Elsevier Properties Inc. used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the bar and the judiciary. Martindale-Hubbell ratings fall into two categories: legal ability and general ethical standards.
Frederick J. Fanelli
Attorney Frederick J. Fanelli is the managing partner of Fanelli, Evans & Patel, P.C. in Pottsville, Pennsylvania. Mr. Fanelli focuses his practice on personal injury and high-end criminal defense matters, serving clients in Schuylkill and the surrounding counties.Mr. Fanelli has been practicing law since 1982 and has more than 30 years of litigation experience. Over the course of his career, he has attained million- and multimillion-dollar settlements and verdicts for his clients, resulting in his inclusion in the Million Dollar Advocates Forum.In addition to being licensed in all Pennsylvania state courts, Mr. Fanelli is admitted before the U.S. District Courts for the Middle and Eastern Districts of Pennsylvania, the U.S. Court of Appeals for the 3rd and 4th Circuits and the Supreme Court of Pennsylvania. He graduated magna cum laude from the University of Pittsburgh with a bachelors degree in economics and earned his law degree from Villanova University Charles Widger School of Law.Mr. Fanelli stays involved in his legal community through membership and leadership roles in various organizations. He has held several positions in the Schuylkill County Bar Association, including president and chairman of the criminal rules committee. He also serves on the Lawyers Advisory Committee of the U.S. District Court for the Middle District of Pennsylvania and sits on the board of the Pennsylvania Association of Criminal Defense Lawyers.Mr. Fanelli also belongs to the Pennsylvania Bar Association, the American Bar Association, the Pennsylvania Association for Justice and the American Association for Justice. He and the attorneys at his firm are advocates for justice and leaders in their community.
As the founder and managing partner of Husain Law + Associates, P.C. in Houston, Texas, attorney Nomaan K. Husain has achieved unprecedented success advocating on behalf of those in need. Regarded as one of the countrys top trial attorneys, Mr. Husain represents the rights and interests of a diverse range of domestic and international clients who are dealing with complex legal challenges involving personal injury and aviation liability claims, insurance disputes, and other civil litigation matters.Certified by the Texas Board of Legal Specialization in personal injury litigation and certified by the National Board of Trial Advocacy in civil trial law, Mr. Husain possesses more than 20 years of legal experience. During his legal career, he has recovered millions of dollars in settlements and awards on behalf of those he has served, earning his membership into the Multi-Million Dollar Advocates Forum.A 1997 graduate of South Texas College of Law, Mr. Husain received his license to practice from the State Bar of Texas in 1998 and he received his licenses to practice in Washington, D.C. and New York in 2004. In addition, he is admitted to practice before all U.S. District Courts in Texas as well as before the New York State Court of Appeals and the U.S. Supreme Court. He is also a licensed solicitor in England and Wales.Along with being a successful trial attorney, Mr. Husain is also an effective mediator, and he has helped numerous clients resolve their disputes and reach settlements without the need for further court intrusion.Highly active in his legal community, Mr. Husain is a member of several regional, national and international professional legal organizations, including the International Bar Association and the London Court of International Arbitration. He is also a member of the College of the State Bar of Texas and former vice president of the Houston Trial Lawyers Association.Committed to his local community as well, he currently serves as chairman for the City of Houston Ethics Commission as well as chairman for the South Asian Chamber of Commerce.
Kevin E. Hulslander
I joined the Smith Sovik firm over twenty five years ago after beginning my career in the litigation department of a large firm in Boston. Since that time I have tried over a hundred cases to verdict in the state and federal courts in Central, Western and Upstate New York. I have successfully represented many different clients including individuals, professionals, small and large corporations. I have handled all types of litigation involving personal injury and property damage including product liability, professional malpractice, automobile and trucking accidents, construction and contract disputes. I believe that the best approach is to aggressively and vigorously represent our clients with bright, creative and innovative strategies. There is no routine matter; for us its more than just litigation; we take it personally and use all our energies to obtain the very best results possible for our clients.
David N. Krugler
David Krugler has spent his entire career representing victims and their families in a variety of catastrophic personal injury and wrongful death cases. Trucking and motor vehicle accidents comprise a large percentage of these cases, with a particular focus on tractor-trailer, box truck and dump truck accidents. These cases require particular knowledge and experience with a variety of state and federal regulations. Over the years, Mr. Krugler and Cash Krugler Fredericks have obtained tremendous results for their clients in these cases, doing whatever it takes to maximize the recovery for their clients.In addition, Mr. Krugler handles a wide-range of defective product cases, including accidents caused by defective home elevators, automobiles, industrial equipment, fireworks and more. The work by Mr. Krugler and Cash Krugler Fredericks in the home elevator field has garnered national media attention, particularly after a recent recovery of more than $16 million for a young child who was catastrophically injured in a home elevator accident in South Carolina.Mr. Krugler also handles significant medical malpractice cases, including birth injuries and anesthesia-related injuries.David Krugler is a founder member of Cash Krugler Fredericks, which handles personal injury cases throughout the State of Georgia, as well as around the country with local attorneys. Mr. Krugler and his firm have been recognized as one of the premiere personal injury firms in the State of Georgia, having recovered more than $150 million in settlements and verdicts for their clients.Mr. Krugler graduated from the Emory University School of Law with Distinction, where he was admitted as a member of the Order of the Coif, an honorary scholastic society. Mr. Krugler has an AV Preeminent rating from Martindale-Hubbell, the gold standard in attorney ratings within the legal community. He has also been named a Top Lawyerevery year between 2009 and 2016.