We presented all of the evidence, including excellent testimony from Belinda’s foot surgeon, and the insurance company had its expert testify that the injury was not related. If you don’t, you’re not only prolonging the pain and delaying your recovery, but you are harming your legal claim and reducing your chances of getting a fair recovery. If you have a claim, no matter how obvious you think it might be, consult an experienced attorney. It will require you to be examined by its doctors, who are chosen because they frequently say what the insurance company wants to hear: that your treatment is not reasonable or accident-related, and that the insurance company should not pay for it.Read More
Product liability Claim in Altus Afb
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.
The important theories regarding product liability: There are three different ways a person can claim product liability. These are as follows:
- Strict liability: This theory suggests that it is not required on the part of the person claiming product liability to show that the manufacturer was negligent in his provision of services. Instead, the claimant is only required to show that the product manufactured was damaged or defective. Furthermore, the person claiming product liability is also required to show that the damaged or defective product has caused them harm.The seller of the product can also be held accountable since they are a key link in the distribution chain as they sell or rent out the particular product on a regular basis.
- Negligence: This theory states that the person claiming product liability needs to show that the manufacturer is indebted by a duty of care to all potential customers. In addition, the person claiming product liability is also required to show that the manufacturer has breached that duty of care. Lastly, it is required to show that there is a direct cause and effect between that breach and the injuries sustained by the person.
- Warranty: This theory provides two different types of warranties. The first is express warranty. Under this type, it is required by the manufacturer to directly state that the product is safe for its purported use. The second type is implied warranty. This states that the safety of the product is implied by the manufacturer.
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
As a lawyer, I can tell you how certain kinds of treatment from certain types of providers can affect your case, but I can’t tell you what kind of treatment to get. Enrique immediately felt pain in his neck and back, and after consulting with his doctor, he began a course of treatment, including physical therapy and massage. We’d roll down hills and climb trees. In an IME, the insurance company requires you to be examined by a doctor of its choosing to obtain an opinion about whether it should continue paying for your medical treatment.Read More
Even if you’re used to taking care of everything yourself, it is definitely in your interest after you hire a lawyer to let the lawyer do the work you hired him to do. It includes disability, disfigurement, and loss of enjoyment of life. After hearing all of the evidence from Ms. I already shared about the dandelion story, where he would send me and my sister to pick dandelions in order to get us outside playing and let the adults handle adult issues.Read More
If there is something—anything—that would embarrass you if people found out, or something you worry might affect your claim, you must tell your lawyer. Once they have decided, they will inform the judge, who will call everybody back to the courtroom for the reading of the verdict. drive during daylight hours in good weather conditions. Often times, they will have a card to give you with this information printed on it. They may tell you that there is no need to call the police because the damages are minor.Read More
Top Lawyers Pick
- Frank W. Frasier, III
- Monty L. Cain
- Aaron D. Bundy
- Duke Halley
- Noble K. McIntyre
- Gary J. James
- Andrew M. Casey
- Charles C. Weddle, III
- David Bernstein
- L. Ray Maples, II
- Emily Kitch
- Cory Hicks
Frank W. Frasier, III
Attorney Frank W Frasier, III, is a partner at Frasier, Frasier & Hickman LLP, a personal injury law firm located in in Tulsa, Oklahoma. Mr. Frasier practices personal injury and employment law and handles other general civil litigation matters while serving individuals and claimants in Tulsa and throughout the state of Oklahoma.Licensed to practice law in Oklahoma since 1998, Mr. Frasier has two decades of experience. He is admitted before the U.S. Supreme Court and all Oklahoma state courts, federal courts in Oklahoma and Illinois and the U.S. Court of Appeals for the 10th Circuit.Mr. Frasier earned a bachelors degree from The George Washington University and received his law degree from the University of the District of Columbia David A. Clarke School of Law. While attending law school, he gained legal experience by working for the White House Office of Cabinet Affairs and for a private law firm that focused on representing professional athletes.Following law school, Mr. Frasier worked for a former congressman, providing advice on national security topics, public works and transportation. He later returned to Oklahoma and joined Frasier, Frasier & Hickman LLP, which was founded by his uncle.An active member of his local legal community, Mr. Frasier is a member of various local and statewide professional organizations. He belongs to the Tulsa County Bar Association, the Oklahoma Bar Association and the Oklahoma Association for Justice and is one of Oklahomas Governors (Board) of the American Association for Justice. He belongs to national organizations such as the Attorneys Information Exchange Group and the American Council of Young Political Leaders.
Monty L. Cain
Monty L. Cain is an attorney at Cain Law Office in Oklahoma City, Oklahoma. Mr. Cain focuses his practice on personal injury law, representing clients in matters involving car accidents, medical malpractice, product liability, Social Security Disability, truck accidents and workers compensation. He serves clients throughout the Oklahoma City metropolitan region.Mr. Cain has more than 20 years of experience and provides personalized and dedicated representation to injured victims. Over his career, he has recovered millions of dollars in successful verdicts and settlements for his clients. He is passionate about helping Oklahoma residents who have been injured or lost a loved one due to a catastrophic injury receive just compensation.Active in his legal community, Mr. Cain belongs to the Oklahoma County Bar Association, the South Oklahoma City Lawyers Association, the Oklahoma Bar Association, the Oklahoma Association for Justice and the American Bar Association. His success has resulted in recognition from the National Trial Lawyers, who selected his name among the top trial lawyers.Born and raised in Oklahoma, Mr. Cain earned a bachelors degree in petroleum land management from the University of Oklahoma and subsequently spent many years working in the petroleum industry. He received his law degree from Oklahoma City University School of Law.Following law school, Mr. Cain developed his legal skills by working for a private Oklahoma based firm. He founded Cain Law Office in 2011. He holds an active law license before all Oklahoma state courts, the U.S. District Court for the Western District of Oklahoma and the U.S. Court of Appeals for the 10th Circuit.
Aaron D. Bundy
Attorney Aaron D. Bundy is the founder of the Law Office of Aaron D. Bundy, PLC, with offices in Tulsa and Sapulpa, Oklahoma. A top-rated, award-winning trial attorney with more than 13 years of legal experience, Mr. Bundy represents the rights, interests and liberties of a diverse range of clients throughout the greater Tulsa metro region and surrounding areas who have legal needs involving any of the following:,Family law and divorce,Child custody and support,Alimony,Criminal defense,Catastrophic personal injury,Juvenile law,Appeals,In all cases, Mr. Bundy provides the personalized counsel and dedicated support his clients deserve during some of the most stressful and uncertain times in their lives. Focusing primarily on family law and divorce, he has helped numerous clients resolve their conflicts and reach agreements with regard to their property division, contentious child custody matters and much more. He has also helped secure favorable outcomes for those accused of serious criminal offenses, such as sexual crimes, as well as personal injury claims arising from someone elses negligence or wrongdoing.Recognized for his impeccable professionalism and exceptional legal abilities, Mr. Bundy holds an AV Preeminent peer review rating from Martindale-Hubbell, and he received the Martindale-Hubbell Client Distinction Award in 2013. He also received the Earl Sneed Award for his outstanding contributions to continuing legal education. Moreover, Mr. Bundy has earned top ratings from his peers as well as many positive reviews and referrals from his satisfied clients. He is a ,fellow, of the prestigious American Academy of Matrimonial Lawyers.A 2002 graduate of The University of Tulsa, Mr. Bundy returned to his alma mater and obtained his Juris Doctor from The University of Tulsa College of Law in 2006. The Oklahoma Bar Association admitted him to practice that same year, and he is also admitted to practice before the U.S. District Court for the Northern District of Oklahoma, the U.S. Court of Appeals for the 10th Circuit, the U.S. Supreme Court and the Supreme Court of the Muscogee (Creek) Nation.A leader in his field, Mr. Bundy has numerous publications to his credit, and he has conducted many lectures and seminars across his region on a variety of legal topics. He has also held leadership positions with several professional legal organizations, including co-chair of the Tulsa County Bar Associations Litigation Section and Family Law Section.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.
Duke Halley ,graduated from Sharon High School in 1966 and Southwestern Oklahoma State University. This was followed by admission to the Oklahoma University School of Law and graduation in 1973. He has been admitted to practice before the United States Supreme Court as well as other Federal courts and the Oklahoma Bar Association. He has extensive trial experience and has participated in litigation in Arkansas, Kansas, New Mexico and Texas as well as Oklahoma. ,Mr. Halley has been admitted to numerous professional groups and has served as an officer of many. For example he has been inducted into prestigous groups such as the American College of Trial Lawyers and the American Board of Trial Advocates. He has also served in many capacities dedicated to fair and meaningful access to justice by all members of society. He has been appointed to many duties. These include being appointed to a selection committee for appointment of Federal District Judges, a member of the Professional Responsibility Tribunal assigned the responsibility of conducting trials in disciplinary proceedings involving members of the legal profession, and election to the Judicial Nominating Committee which recommends judicial appointments to the Governor. ,He has served as the President of the Oklahoma Trial Lawyers Association (now the Oklahoma Association of Justice), an association dedicated to the preservation of rights for hurt people and the right to trial by jury. ,Mr. Halley was born in 1948, in Vici, Oklahoma, a small community in Northwestern Oklahoma. His father took a job with an oil company when he was 2 years old. This required many moves over the next few years. He went to 15 schools his first three years of public education. Those schools ranged from Pensacola, Florida to Devils Lake, North Dakota. The family moved back to Northwest Oklahoma when Duke was in the 4th grade and remained there. The roots grew deep. He owns land that his great grandfather claimed in the land run and one of his favorite ways to spend his leisure time is working with his cattle herd and farming. ,Upon graduating from law school Mr. Halley moved back to Northwestern Oklahoma and joined a law firm in Woodward. His early years involved the general practice of law. His passion became trying lawsuits and preparing them for trial or settlement. After 9 years he opened his own office in order to concentrate more on this type of practice. As that practice grew he found himself in Oklahoma City on a regular basis and an office was opened there in 2004. ,Mr. Halley has been involved in various types of cases. For example, in one case iodine producers were extracting natural gas from its product and not paying the mineral owners for it. Mr. Halley sued the companies on behalf of a group of mineral owners. The case was tried , and after being appealed to the Oklahoma Supreme Court resulted in a settlement which returned Millions of dollars to the mineral owners. He also successfully obtained a ruling from Oklahoma Supreme Court that establishments who negligently or knowingly sell alcoholic beverages to minors are legally responsible when persons are injured as a result. He then helped obtain a $2,500,000.00 verdict against a large convenience store chain for the family of a minor killed in an automobile collision after he and some other minors were sold beer by the store manager. In another case State Farm Insurance Company unreasonably refused to pay $10,000.00 underinsured motorist benefits. The case was tried resulting in a verdict of $50,000.00 for actual damages and $400,000.00 punitive damages. ,There have been many seven figure settlements reached involving oil field accidents, medical malpractice and truck/auto collisions. ,Despite his success in larger cases, Mr. Halley continues to handle cases of all sizes. He is firmly dedicated to providing legal assistance to anyone who has not been treated fairly.
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.
Gary J. James
Gary J. James is an experienced attorney who has helped clients throughout Oklahoma with a wide range of legal matters, including criminal defense in some of the most high-profile cases in the states history. As managing partner of Gary J. James & Associates, P.C. in Oklahoma City, Mr. James defends clients against allegations involving murder, white collar crimes, federal criminal defense, violent crimes, drug offenses, and other criminal matters.As a result of his numerous criminal defense acquittals, Mr. James is currently retained by Law Enforcement Associations and Law Enforcement Agencies to defend Troopers, police officers, and other Law Enforcement personnel. Mr. James devotes a vast majority of his practice to defending Law Enforcement officers in use of force investigations, shootings and defending civil rights lawsuits.A native of Oklahoma, Mr. James received his law degree from the Oklahoma City University School of Law and quickly began building a reputation in the State for his legal abilities and professionalism.After successfully securing an acquittal for his client in a high-profile murder trial, Mr. James received the 1996 Presidential Award for Outstanding Criminal Advocacy from the Oklahoma Criminal Defense Lawyers Association. Three years later, Mr. James was selected by the Oklahoma Indigent Defense System to defend Timothy McVeighs criminal charges, including 161 Murder Charges, stemming from the bombing of the Alfred P. Murrah Federal Building in Oklahoma City.Among other honors, Mr. James has received an AV Preeminent rating for over 20 years from Martindale-Hubbell, the highest possible designation from the peer review service. He has and is included in lists such as the Best Lawyers in America, Outstanding Lawyers of America, Bar Registry of Preeminent Lawyers, and US News and World Report; Best Lawyers in America.”Mr. James is engaged in many professional organizations, including the Oklahoma Criminal Defense Lawyers Association, the National Association of Criminal Defense Lawyers and the American Association for Justice.A former high school and college football player, Mr. James continues to participate in organizations dedicated to promoting sports and athletics in the state and at the University of Oklahoma.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.
620 North Robinson Avenue, Suite 207,, Oklahoma City OK 73102
Andrew M. Casey
With a varied practice that includes criminal defense, personal injury and wrongful death litigation, and civil rights, Andrew M. Casey is an attorney at Foshee & Yaffe. Based in Oklahoma City, he provides representation to clients throughout the greater metropolitan area and other parts of the state. Admitted to practice before all Oklahoma state courts, Mr. Casey is also admitted to practice before the U.S. District Courts for the Northern, Eastern and Western Districts of Oklahoma and the U.S. Court of Appeals for the 10th Circuit. In addition, he is admitted to practice before the Supreme Court of the Chickasaw Nation and the Muscogee (Creek) Nation Supreme Court.Mr. Casey has been selected in two consecutive years to Top Lawyers, Rising Stars. Since his first selection, Mr. Casey won an appeal before the Tenth Circuit Court of Appeals and successfully obtained a verdict of Not Guilty with a complete dismissal for a client accused of First Degree Murder. In addition, Mr. Casey has obtained dismissals for falsely accused clients in numerous felonies in the last year including sex crime accusations and white collar criminal allegations. In addition, Mr. Casey has represented the interests of numerous businesses including construction companies and jewelery retailers.Mr. Caseys criminal defense experience has included both trials and appeals, and the cases that he has worked on during his distinguished career have been based on charges of sex crimes, homicide, assault and battery, drug possession and distribution, weapons violations, and driving under the influence of alcohol. His personal injury background has centered on the representation of people who have been harmed by the negligence of other parties in cases involving motor vehicle crashes, premises liability, defective products and auto-pedestrian accidents. Mr. Casey has also assisted clients whose civil rights have been infringed upon by government employees.Mr. Casey is a graduate of the University of Central Oklahoma, where he majored in political science and received a Bachelor of Arts in 2009. After being a debate teacher and coach at the University of North Texas, he decided to pursue legal education, and he enrolled at the University of Oklahoma College of Law. While he was there, Mr. Casey was an editor of the American Indian Law Review and served several internships before being awarded his Juris Doctor in 2015.
Charles C. Weddle, III
Attorney Charles C. Weddle, III, is a partner with the White & Weddle, P.C. law firm in Oklahoma City, Oklahoma. A top-rated trial attorney with more than 19 years of experience, Mr. Weddle represents the rights and interests of a diverse range of clients across the state who have legal needs involving any of the following:,· Personal injury and wrongful death,· Bad faith insurance,· Products liability,· Class actions,· Traumatic brain injuries,· Workplace deaths and injuries,· Business litigation,Widely regarded as one of the states leading trial advocates, Mr. Weddle has achieved notable success fighting on behalf of his plaintiff clients and helping them secure the maximum amount of compensation for the damages and losses they suffered. Known for his calm demeanor and compassion, he provides much-needed support to innocent accident victims and their families during some of the most traumatic times in their lives, and he finds great reward in being able to assist them with obtaining the justice they deserve.Creative and pragmatic, he devises innovative strategies aimed at resolving his clients matters efficiently, and he always aggressively pursues the most favorable outcome for his clients whether in court or through negotiations. Recognized for his success, he has earned numerous accolades from his peers along with many positive testimonials and referrals from his satisfied clients.A 1997 graduate of the University of Oklahoma, Mr. Weddle obtained his Juris Doctor from Oklahoma City University School of Law in 2000. He received his license to practice that same year. Throughout his career, he has maintained active involvement with the Oklahoma County Bar Association and Oklahoma Bar Association, and the Oklahoma Association for Justice and American Association for Justice. He is also a member of the prestigious Phi Delta Phi International Legal Honor Society.
What separates David Bernstein from most other trial lawyers is that David Bernstein also runs Focus Group Oklahoma, which has state-of-the-art focus group facilities with professional quality video and audio equipment at the Bernstein Law Building. Focus Group Oklahoma does focus groups usually once or twice a week. If a focus group determines a potential case is without merit, the case is declined. If a focus group identifies issues that need to be overcome, this information is utilized when presenting the case for trial. This focus-group-first mentality allows David Bernstein to have the confidence to spend whatever is necessary, even over $100,000 in expenses if required, to advocate on his clients behalf.If you have a case that needs assistance, consider contacting David Bernstein. Besides moderating over 250 focus groups at Focus Group Oklahoma, Bernstein also provides litigation assistance to other lawyers across Oklahoma. In addition, Bernstein teaches legal seminars every year to other lawyers on topics including personal injury, bad faith insurance, focus groups and trial practice. Bernstein has practiced law for over 35 years; has tried over 100 jury trials; has secured numerous six- and seven-figure jury verdicts and settlements; has been recognized as a Top Lawyer (which is restricted to the top 5% of all attorneys) in Oklahoma every year since this prestigious program began in 2006; and is the Dean of the Advanced Focus Group College at the Keenan Trial Institute. The initial consultation is always ,confidential, and ,free,.If you want to help the underprivileged that go hungry in Oklahoma, please consider making a tax deductible donation to Lawyers Fighting Hunger, a nonprofit charity started in 2011 by Noble McIntyre, Hugh Robert and David Bernstein, by visiting ,www.lawyersfightinghunger.org,. Please call ,405.329.1484, or ,800.235.0529, to set up a free initial, confidential consultation. In the alternative, you can send an e-mail to ,[email protected], and describe your legal issue. The main office has plenty of free parking and is located in downtown Norman at 104 W. Gray Street. If you are unable to travel, David Bernstein can come to your location. Please visit ,www.USASafetyLawyer.com, ,for more information
L. Ray Maples, II
Ray Maples is the founder of Maples Law Firm an AV rated law firm. The firm originated in 2002 after Ray had been working in a large firm in Atlanta handling personal injury litigation matters on behalf of large corporations and insurance companies. In 2002, he devoted his entire practice to helping individuals who are helpless against the corporate giants whose only objective appears to be the bottom line. In essence, he calls it profits over people. Now, Ray devotes 100% of his practice to helping the injured person and focuses his practice primarily in the fields of catastrophic injuries, defective products, trucking accidents, personal injury and nursing home neglect across the country. In 2015, Maples Law Firm merged with Nix Law Group to become Maples, Nix & Diesselhorst, PLLC. Born in 1971 in Albany, Georgia, Ray obtained his undergraduate degree in marketing from Valdosta State University in 1993. He attended Law School at Oklahoma City University, where he obtained his Juris Doctorate degree. Ray is married and has two wonderful children. Ray is a member of the Oklahoma Bar Association, Oklahoma Association for Justice, American Association for Justice, American Bar Association and has been admitted to practice in all Oklahoma courts. He has also been recognized by several peer organizations for his advocacy skills.
Emily Kitch has dedicated her legal practice to protecting the rights of Oklahomans in oil and gas litigation and personal injury. A veteran of many trials and hundreds of courtroom appearances, Emily understands that victory doesnt happen by accident and because of this, she is a passionate advocate for each and every client she represents.
The mission statement on our website Serving all your probate, real estate, estate planning, business law, and litigation needs from the heart of the Oklahoma Panhandle summarizes well the core of what our office does. However, we practice in other areas and work with accountants, other attorneys, appraisers, surveyors, realtors, financial planners and other experts to help our clients achieve their goals. Please contact us if you have any questions about whether we can help you.