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Product Liability & Personal Injury
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Thornton & Naumes has a long history of successfully protecting the rights of victims of accidents and personal injuries of all types. These cases range from injuries caused by dangerous or defective machinery and other products to serious auto and maritime accidents. Our expertise in complex product liability litigation has resulted in significant verdicts or settlements for our clients injured by unsafe products used not only in the workplace, but in the home as well.
Product Liability Litigation
Defective and dangerous products are brought to our attention almost daily. These items, despite being used in a manner as intended by the maker or seller, are considered harmful or potentially harmful to the consumers who purchase and use them. Usually, when one thinks of a defective product, the first things that come to mind are dangerous toys with small pieces that could injure infants or children who play with them. However, defects and dangers are not limited to the toys and products which are recalled by the manufacturer. In actuality, defective products are much more common than most of us realize.
A law suit against the manufacturer or seller of a defective product is known as a products liability case. There are two general types of liability. The first deals with a product that is defectively designed or manufactured. Examples of this are a missing piece to a drill press or faulty wiring in an electrical appliance. The other type of liability deals with the failure to adequately warn consumers of the dangers the product might cause. For instance, failing to post explicit and descriptive warning labels on machinery or tools is an example of the second type of liability.
Personal Injury Litigation
A product that causes bodily injury could be a result of negligence on the part of the manufacturer or a breach of warranty. The negligence claim occurs when the manufacturers knew, or should have known, that the product was dangerous but they did nothing to alleviate the danger. The breach of warranty claim arises when the product is not safe for the purpose for which it was created. Both of these claims are viable in injury cases, but the injured party is often unaware of his or her rights.
Although it is human nature to blame oneself for an accident that causes injury, often the responsibility should be shared with the manufacturer or distributor if the product has caused the injury. The manufacturer and distributor have the responsibility and obligation to make their products safe for every consumer. The law compels them to examine all reasonable scenarios in which the product will be used to determine if it is safe for use in that environment.
Sometimes the situation in which someone is injured is not related to the product that person was using. However, in other cases the product itself could be at fault. At Thornton & Naumes we understand products liability laws.
Medical Malpractice Litigation
Thornton & Naumes also represents individuals and their families who have been injured as a result of medical negligence. Plaintiff's medical malpractice cases are complex, expensive and difficult to win. From the outset, the odds are stacked heavily in favor of the medical defendant. Because of the medical profession's so-called "conspiracy of silence," plaintiffs do not have easy access to medical expert witnesses who are willing to testify on their behalf. Furthermore, an unprecedented publicity campaign sponsored by the medical profession and its insurers seems to have had the desired effect of influencing jurors in favor of doctors and hospitals, regardless of how egregious their conduct may have been.
Because of the inherent complexity, difficulty and expense of litigating medical malpractice cases, only a few law firms are willing to represent the victims of medical negligence. Thornton & Naumes is such a firm. In fact, because of our success in this arena, the majority of malpractice cases which we litigate are referred to us by other law firms throughout the country.
If you have any questions or wish to discuss a case, please contact Attorney Joseph Donohue at 800-431-4600.
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