But what exactly is a personal injury claim? We weren’t able to get Earl back into the fields, but we were able to get him a fair recovery that reflected the REAL value of his loss. Fortunately, he had the coverage he needed to make sure his bills were paid, and he was able to get a fair recovery even though the guy who hit him had low limits. If you get there during the salmon run, you can see thousands of salmon jumping the waterfall. Diana’s situation is kind of like a combination of the first two examples.Read More
Product liability Claim in Pago Pago
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
Sometimes, I allow PIP IMEs to go forward without sending a witness, but with Rule 35 examinations, I always send a witness and make a recording because the examining doctor is likely to testify, either in person or by sworn statement, and I want to make absolutely sure he sticks to the truth and reports only what was said and observed during the exam. Even with an outside expert witness testifying that the treatment was reasonable and medically necessary, the testimony of Ellie’s own treating doctor would be too damaging to overcome.Read More
To determine the applicable statute of limitations in your state, you should consult with a personal injury attorney who is knowledgeable in bicycle accident cases as soon as possible following the accident. You will not try to dial your phone or send a text message. 00 in property damage to the rear of the car. Always send a letter to the adjuster asking how they calculated the diminished value. Every movement they would make would cause pain and it was difficult for them to find a position that did not exacerbate their condition.Read More
Whenever we make a claim for money damages, we have the burden of proving the amount of the loss to a degree where the judge or jury can calculate the amount of the loss to a reasonable degree of certainty. If your case does not settle before trial during the discovery phase, you could also have court costs for the court reporter’s services. Though no portion of the article can be copied or used in any way without my express permission, you are authorized to use the forms at the end of this article.Read More
Top Lawyers Pick
- Saul R. Sarney
- D. Bruce Kehoe
- Stephen K. Sugarman
- Jeffrey Raphaelson
- Richard A. Godshall
- Janice M. Savinis
- Lucas C. Marchant
- Thomas R. Scott, Jr.
- John P. Harris, III
- Douglas J. Phebus
- Rob Sullivan
- James E. Butler, Jr.
Saul R. Sarney
Saul R. Sarney is the founder of his own firm located in Denver, Colorado. Focusing his practice on personal injury litigation, he provides representation to clients throughout the state who have been harmed by the negligence of others in commercial truck and other motor vehicle accidents and who have suffered catastrophic brain or other injuries as a result. Mr. Sarney also handles wrongful death litigation, representing surviving family members of people who have died in such incidents, and he assists clients whose insurance companies have wrongfully denied coverage after an accident.After receiving a Bachelor of Arts from what is now known as Binghamton University, State University of New York, Mr. Sarney pursued his legal studies at the University of Denvers Sturm College of Law and was awarded his Juris Doctor in 1973. Admitted to practice before all Colorado state courts since 1974, he is also admitted to practice before the U.S. District Court for the District of Colorado and the U.S. Court of Appeals for the 10th Circuit. Highly regarded by his fellow professionals on account of his track record and high ethical standards, Mr. Sarney has received an AV peer-review rating through Martindale-Hubbell and has been listed in Whos Who in American Law.Mr. Sarney has led several workshops and seminars in order to teach law students, paralegals and other attorneys about personal injury trial techniques and related matters. He is actively involved in several professional organizations, including the Colorado Trial Lawyers Association, the Colorado and Denver bar associations, and the American Association for Justice. Active in his community, Mr. Sarney previously served as a member of the board of directors of the Diana Price-Fish Cancer Foundation.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.
D. Bruce Kehoe
As partner at Wilson Kehoe Winingham, LLC, D. Bruce Kehoe is committed to representing clients in Richmond, Indianapolis and across the state of Indiana. He focuses his practice on personal injury cases that involve the following matters: airplane and helicopter crashes, brain and spinal cord injuries, defective products and birth injuries.After receiving an undergraduate degree in physical therapy from Indiana University, Mr. Kehoe went on to earn a Juris Doctor from the Indiana University Maurer School of Law.A serious injury does more than simply cause physical pain. People who have suffered because of someone elses negligence may also face numerous, overwhelming expenses. With a background in medicine, Mr. Kehoe has a keen insight into the physical, emotional and financial toll personal injury matters can take. Additionally, he is a licensed pilot who understands how the aviation industry works, which provides him a unique perspective in cases involving plane crashes.Mr. Kehoe works diligently to secure maximum compensation for clients and prepares to go to trial on every case. For his successes, he has earned the highest possible rating of AV Preeminent from Martindale-Hubbell; he has been named in The Best Lawyers in America for his work with product liability; he holds an Avvo Superb rating; and the Indiana Trial Lawyers Association honored him with the Trial Lawyer of the Year Award in 2001.Active in the legal community, Mr. Kehoe is a member of the Indiana State Bar Association, the American Bar Association, the American Association for Justice and the Indianapolis Bar Association. He is a fellow with the American College of Trial Lawyers and a former president of the Indiana Trial Lawyers Association. A published author, Mr. Kehoe regularly lectures and provides instruction on law matters. 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. The Best Lawyers in America® 2013. Copyright 2013 by Woodward/White, Inc. Aiken, SC
Stephen K. Sugarman
Attorney Stephen K. Sugarman is a leading civil litigation and personal injury attorney with extensive experience in the complex areas of medical malpractice, product liability, motor vehicle injury, construction site accidents, explosions, fires, and general liability. He is recognized in Boston as a leading attorney for his outstanding record of service and results.Mr. Sugarman is an active member of numerous professional and community organizations, and has served on civil litigation, trial and administration of justice committees. In addition to his participation as a professional leader, he is a regular lecturer at Massachusetts Continuing Legal Education (MCLE) and other continuing legal education programs.Representative cases include recovery of a significant settlement for a union tunnel worker who was injured on the job, a major settlement in a product liability claim against a negligent transportation company and bus manufacturer that resulted in the wrongful death of four middle school students. He also successfully pursued a complex medical malpractice claim against a doctor and nurse midwife for negligent use of Pitocin during labor. Mr. Sugarman also handles cases involving construction site injuries, industrial plant explosions, faulty product design and motor vehicle collisions.With extensive knowledge of his practice and as a leading Boston trial attorney, Mr. Sugarman was listed for inclusion in Rising Stars and selected to Top Lawyers in 2011-2018. He is a member of the Boston Bar Association, where he is co-chair of the Tort-Law Committee, Massachusetts Academy of Trial Attorneys, the American Association for Justice, the Massachusetts Bar Association, and the American Bar Association.
Prudential Tower, 800 Boylston St., 30th Floor,, Boston MA 2199
Jeffrey S. Raphaelson is a trial lawyer with over twenty-five years experience resolving business disputes and complex, serious personal injury matters. Mr. Raphaelson focuses his commercial litigation practice on partnership and shareholder disputes, unfair and fraudulent business practices, insurance disputes, and construction disputes. His personal injury practice concentrates on medical malpractice, product liability, and automobile accident cases, usually involving catastrophic injury, brain damage, or wrongful death.Massachusetts Lawyers Weekly named Mr. Raphaelson aLawyer of the Year, in 2010. He earned a Top Ten Jury Verdict in Massachusetts in 2007, establishing liability against a United States escalator manufacturer for a defective escalator manufactured and installed in the Peoples Republic of China. He earned a Top Ten Jury Verdict in Massachusetts in 2010, establishing liability against a Worcester hospital for failure to properly diagnose and treat a stroke and cancer patient. He earned a top five medical malpractice settlement in 2011 against emergency room providers who misdiagnosed a clients brain bleed as a migraine headache. He earned a top ten medical malpractice settlement in 2015 against a surgeon at a leading Boston Hospital.Mr. Raphaelson has been a panelist or presenter on trial advocacy for the Boston Bar Association and Worcester County Bar Association. He is a graduate of University of Vermont (1984) and Boston University School of Law (1988), where he received the G. Joseph Tauro Distinguished Scholar Award.Mr. Raphaelson has offices in Boston and Worcester, Massachusetts.
Richard A. Godshall
Richard A. Godshall is an attorney and partner at Ostroff Injury Law in Plymouth Meeting, Pennsylvania. Practicing in the area of personal injury law, Mr. Godshall has experience with matters involving car accidents, construction accidents, products liability and more, representing clients throughout the Philadelphia metropolitan area.Along with substantial litigation experience, Mr. Godshall is familiar with alternative dispute resolution methods such as arbitration and mediation. Throughout his career, he has collected substantial sums through verdicts and settlements for his clients.Outside of his personal injury practice, Mr. Godshall has authored articles and spoken on various personal injury related topics. He was a contributing editor to the 2012 edition of the LexisNexis Practice Guide: Pennsylvania Personal Injury Litigation. He has also served in other roles, including chairperson of the Defense Research Institutes construction worksite injury subcommittee.Before representing victims of personal injuries, Mr. Godshall spent time working on the defense side of personal injury matters. This experience allows him to more effectively represent plaintiffs through his current practice.Mr. Godshall holds a bachelors degree from La Salle University. He was a member of the Temple University Beasley School of Law deans list, where he earned his law degree, and also received a barrister award in the area of trial advocacy.Admitted to practice law in Pennsylvania since 2004, Mr. Godshall is also licensed to practice in New Jersey, as well as the U.S. District Court for the Eastern District of Pennsylvania and the U.S. District Court for the District of New Jersey.
518 East Township Line Road, Suite 100,, Blue Bell PA 19422
Janice M. Savinis
Janice M. Savinis is a partner at Savinis & Kane, L.L.C. located in Pittsburgh, Pennsylvania. She concentrates her practice in the area of personal injury law, with a particular focus on representing clients throughout Pennsylvania and West Virginia who are suffering from mesothelioma, a rare form of cancer that has been linked to asbestos exposure. Devoting her entire practice to litigation, Ms. Savinis also handles matters involving other toxic torts as well as product liability.After graduating summa cum laude with a Bachelor of Arts from the University of Pittsburgh in 1982, Ms. Savinis earned her law degree from Duquesne University School of Law in 1988 and was honored with membership in the Order of Barristers. Admitted to practice in Pennsylvania, she is also admitted to practice before the U.S. District Courts for the Middle and Western Districts of Pennsylvania and the U.S. Court of Appeals for the 3rd Circuit.Through her dedicated litigation efforts, Ms. Savinis has been successful in obtaining significant compensation for a number of mesothelioma victims and their families. In one case where she represented a mesothelioma victim and his wife, the jury awarded $3 million to each of them. In another trial, the estate of a victim and his wife were awarded $1.4 million by the jury.To stay up to date on the latest developments in her chosen field of practice and to cultivate connections with her colleagues in the legal profession, Ms. Savinis maintains active membership in several different professional organizations, including the Allegheny County Bar Association, the Pennsylvania Bar Association and Trial Lawyers for Public Justice. In addition, she has received an AV Preeminent peer-review rating through Martindale-Hubbell.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.
707 Grant Street, Suite 3626, Gulf Tower,, Pittsburgh PA 15219
Lucas C. Marchant
Born and raised in Greenville, South Carolina, Lucas C. Marchant understands the circumstances clients are in when charged with a criminal offesnes, personal injury or other civil issues. He is the founder of the Marchant Law Firm, LLC, which serves people in matters such as Murder, Robbery, Assault, Sex Offenses, DUI as well as juvenile cases.Mr. Marchant is a true servant of his community, as he wants to help clients in any way possible and is a graduate of Leadership Greenville. He began his career as a prosecutor and solicitor, handling a range of misdemeanor, felony and juvenile crimes. The Greenville County Sheriffs Office even presented him with its Solicitor of the Year award in 2012. This experience is invaluable to his practice today, as he is able to anticipate how the other side of a criminal law case may act. Further, it honed his litigation skills exposed him to cases involving sexual assault, domestic violence, drug crimes and burglary.From traffic tickets to high-stakes matters, Mr. Marchant routinely obtains case dismissals, reduced charges and favorable verdicts. He is known for keeping clients up-to-date on how their case is progressing and for returning phone calls promptly. People who work with him comment on his genuine interest in their well-being, as Mr. Marchant is an attorney who is truly invested in the outcome of a case.After receiving a Bachelor or Arts from the University of South Carolina, Mr. Marchant earned a Juris Doctor in 2004 from the Mississippi College School of Law.Today, Mr. Marchant is a member of the South Carolina Bar and the Greenville County Bar Association.
Thomas R. Scott, Jr.
Thomas R. Scott, Jr. is a senior partner at Street Law Firm, LLP, in Grundy, Virginia. Mr. Scott practices criminal defense, family law and personal injury law, representing clients in Grundy and throughout Buchanan County, Virginia.Mr. Scott has been licensed to practice law since 1977 and has more than 40 years of experience. He has litigated a wide variety of misdemeanor and felony criminal matters, from traffic offenses to murder. He has also handled family law cases involving divorce, child custody and child support as well as personal injury matters involving automobile accidents, defective products, premises liability, workers compensation and wrongful death.Along with running his law practice, Mr. Scott is general counsel and an assistant visiting professor of law at Appalachian School of Law. He serves in several leadership roles in his community, including sitting on the boards of Miners & Merchants Bancorp, Inc. the Boy Scouts of America Sequoyah Council and TruPoint Bank.Mr. Scott has earned recognition including an AV Preeminent rating from the peer review organization Martindale-Hubbell. He is active in professional organizations including the American Board of Trial Advocates and the American College of Trial Lawyers. He also previously served as chairman of Virginia State Bar Disciplinary Board and has been named one of the Legal Eliteby Virginia Business magazine.After earning a bachelors degree in government and political science from Hampden-Sydney College, Mr. Scott received his law degree from the University of Richmond School of Law. He is admitted to practice in Virginia and Tennessee, as well as before various federal courts.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.
John P. Harris, III
As the founder of his own law firm in Fredericksburg, Virginia, John P. Harris III provides his plaintiff clients throughout the surrounding area with vigorous representation in a wide range of personal injury matters. Cases that he has handled have included motor vehicle accidents, medical and legal malpractice, premises liability, dog bites, nursing home abuse, and claims arising under the Federal Employers Liability Act on behalf of railroad workers who have been injured on the job.Mr. Harris is a graduate of the United States Naval Academy, receiving a Bachelor of Science in 1965. After spending nearly a decade as a Navy pilot, he then attended the Cumberland School of Law at Samford University and was awarded his Juris Doctor in 1977. Admitted to practice in Virginia, Mr. Harris is also admitted to practice before the U.S. District Courts for the Eastern and Western Districts of Virginia, the U.S. Court of Appeals for the 4th Circuit, and the Supreme Court of the United States. He has been certified as a specialist in civil trial law by the National Board of Trial Advocacy since 1985, and he is a member of the Virginia Trial Lawyers Association, the American Association for Justice and the Fredericksburg Area Bar Association.Mr. Harris has published numerous articles on subjects ranging from the cross-examination of expert witnesses to the deterrent value of punitive damages in drunk driving accident injury cases. A member of the Million Dollar Advocates Forum, he has also obtained the respect of his fellow professionals, as evidenced by his receipt of an AV Preeminent peer review rating through Martindale-Hubbell and his 10.0 Superb peer review rating through Avvo.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.
Douglas J. Phebus
Douglas J. Phebus is a partner at the Middleton, Wisconsin, multidisciplinary law firm Arellano & Phebus S.C. Mr. Phebus concentrates his practice in the areas of civil litigation, including personal injury, employment and workers compensation claims, representing individual plaintiffs as well as groups of plaintiffs in class action lawsuits. He lends his rich experience as lead counsel in many jury trials to providing robust representation to plaintiffs throughout the greater Madison and Milwaukee areas.First certified as a civil trial advocate by the National Board of Legal Specialty Certification in 2005, Mr. Phebus has met a series of rigorous qualifications and has demonstrated his skills at representing clients in court to both judges and his fellow attorneys. To maintain this hard-earned designation, he must be recertified every five years.After graduating from the University of Wisconsin with a bachelors degree, Mr. Phebus earned his J.D. cum laude from Southern Illinois University School of Law. He is proud of having been named while an undergraduate to the Academic All-Big Ten conference team for track and field.Mr. Phebus stays abreast of the latest legal developments through his membership in a number of professional organizations, including the American Association for Justice, the Dane County Bar Association, the James E. Doyle American Inn of Court, the State Bar of Wisconsin and the Wisconsin Association for Justice. He is admitted to practice in Wisconsin and before the U.S. District Courts for both Districts of Wisconsin and the Central and Northern Districts of Illinois. Mr. Phebus is also admitted to practice before the U.S. Court of Appeals for the 7th Circuit and the U.S. Supreme Court.
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
James E. Butler, Jr.
James (Jim) E. Butler Jr. is a partner at the law firm of Butler Wooten & Peak LLP, with offices in Atlanta, Columbus, and Savannah Georgia. He is admitted to practice law in Georgia and Alabama. He is certified as a civil trial advocate by the National Board of Trial Advocacy and holds an AV Preeminent rating in the Martindale-Hubbell peer review rating system.In a career spanning more than 30 years, attorney Butler has tried well over 150 civil cases and has won numerous verdicts of more than $100 million, more than $10 million and more than $1 million. He has achieved four record-setting verdicts in Georgia in such disparate areas as medical malpractice, negligent entrustment, ,product liability,, ,truck collisions,, and business tort.Mr. Butler began his legal career in 1977, after graduating cum laude from the University of Georgia Law School. Some of his early cases involving business torts resulted in groundbreaking decisions by the Georgia appellate courts regarding tortious interference with contracts, conversion and wrongful deprivation of the use of property.He served as plaintiffs counsel in the original Jones v. State Farm case and as amicus curiae representative for the Georgia Trial Lawyers Association in the argument of several successor cases before the Georgia Court of Appeals and Georgia Supreme Court.