Accidents happen. Unfortunately, when accidents happen, injuries, damages, and expenses also happen. Insurance companies, manufacturers, and other companies are unwavering and intimidating, but you can rest assured that you don’t have to fight for your rights alone.

The Potts Law Firm has extensive experience in personal injury cases, including automobile, bus, and trucking accidents. Our team will dedicate itself to your case, because we believe that responsible parties should be just that—responsible. We are uncompromising advocates for our clients. Our team will work to ensure that your voice is heard and your rights are protected.

Some areas you may wish to seek compensation for include:

• Lost property
• Medical expenses—past, current, and future
• Pain and suffering
• Loss of income
• Change in lifestyle or enjoyment of life
• Other distress—psychological, emotional, etc.

If another party is responsible for your injury, you have the right to seek damages for your suffering.

Personal injury cases involve injury that has resulted from another party’s negligence, intentional action, or liability.

Negligence is the most common basis for a personal injury claim. Negligence results from another party causing an accident or otherwise failing their duty to prevent an accident, thereby leading to injury. For example, if another driver fails to adhere to a speed limit or traffic sign, that driver is negligent. To prove a negligence case, you must prove three facts:

1. The other party was negligent.
2. Their negligence was the cause of the accident.
3. Their negligence resulted in your injury and damages.

Intentional actions involve another party purposely causing injury. Examples of intentional actions causing personal injury are assault and battery. When another party willfully causes harm, more than physical injury and damages are at stake. In such cases, there are emotional and psychological stresses involved, and, sometimes, both criminal and civil lawsuits.

Liability involves a faulty or defective product that causes injury. Product liability laws exist to protect the consumer from any injury or other adverse consequences to using a manufacturer’s product. In such cases, you must prove that the product was dangerous when used in the way the manufacturer intended. Liability cases can involve manufacturers, wholesalers, and retailers. See our Product Liability page for more information on liability.

There are many factors to prove in a personal injury case, and the dedicated attorneys at the Potts Law Firm will work to prove all related damages for your case, so that we can reach the best settlement for you.

At The Potts Law Firm, we can assure you that, though accidents do happen, if they happen to you, we will fight to get you the compensation you deserve. Most states have a statute of limitations for seeking personal injury damages, so contact our offices today, toll-free, at 1-888-99-POTTS (1-888-997-6887) for a free case evaluation, so that we can start working with you to protect your legal rights. The sooner we can build your case, the sooner you can find some relief.

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Every industry must hold itself to the highest standards of quality control. Risks must be kept to the lowest level. The manufacturing industry is no different; in fact, any company that sells products to the public must maintain the highest standard in safety and reduce any risk of harm to the consumer. If they fail in this regard, and injuries result, the manufacturer and all others involved in producing or selling the product should be held accountable.

At the Potts Law Firm, we are dedicated advocates for the consumer. You can be sure that if you have been injured as the result of a defective product, the Potts Law Firm will fight for you to receive the compensation you deserve.

In product liability cases, a suit can be based on one or more of the following four theories:

• Negligence
• Breach of express warranty
• Breach of implied warranty
• Strict liability

Under the negligence theory, you must prove that the other party failed to act reasonably in designing, testing, manufacturing, selling, inspecting, or marketing the product that caused injury. The manufacturer has a duty to its consumer to provide a safe, reliable product that will work as intended. Negligence involves neglect with both the product itself and the manufacturer’s conduct regarding the product.

Under a breach of express warranty theory, you must prove that the product violated specific representations made by the manufacturer. If the product’s literature or salesperson expressly states that it will work in a specific manner, then it must.

Under a breach of implied warranty theory, you must prove that the product was not fit for the ordinary purposes for which such goods are used. If it is understood that a product will work for other reasonable or ordinary uses, then it must.

Under the strict liability theory, you must prove that defect was a substantial factor in causing the injury. Strict liability is based solely on the defective product itself, regardless of the effort the manufacturer may have put into creating the product.

Injury alone is not enough to prove a product liability case. And while each of the above theories has specific factors by which they can be proven, the foundation of such cases essentially rests upon the fact that the product was, in fact, defective.

So, what is a defect, exactly?

In product liability cases, a defect is something that makes a product unreasonably dangerous to use as intended. Defects are defined as one of the following:

• Manufacturing defects
• Design defects
• Inadequate warnings/marketing defects

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With a manufacturing defect, you must prove 1) that the product did not perform as intended due to a flaw, and 2) that it was defective when it left the manufacturer’s control. Specifically, it must be established that the manufacturer is at fault; that the product defect occurred during the manufacturing process, resulting in an improperly built product.

With a design defect, you must prove that that a reasonable person would conclude that using the product as intended or for other reasonable purposes posed no unforeseeable risk. Regardless of whether an entire industry uses the same design for a product, if a design defect causes injury, the manufacturer is responsible.

With an inadequate warnings/marketing defect, also known as failure to warn, you must prove that the manufacturer deviated from its duty to warn you against latent dangers that might occur from foreseeable uses of the product. This includes inadequate warning labels and other communication regarding dangers posed by the product.

At the Potts Law Firm, we have prosecuted in numerous product liability cases and class actions across the country. Our team of experts includes experienced attorneys as well as design specialists, whose knowledge of manufacturing and safety has contributed to many cases. Some of our largest cases include the following:

• Kugel Mesh Hernia Patch, a defective product which has been linked to life-threatening side effects in users.

• Shoulder pain pumps, faulty devices, which have caused lifelong pain and suffering, including chondrolysis, in post-operative users.

• Merck, whose anti-depressant drug, Paxil, and Cox-2 inhibitor pain medications, including Vioxx, Celebrex, and Bextra, have caused extensive injuries and long-term side effects in patients. Also, the Potts Law Firm has been involved in class action against Merck for its marketing practices for the drugs Vytorin and Zetia.

• Bisphenol-A (BPA) polycarbonate plastic products, which include countless products from baby bottles to food packaging and other consumer products. This chemical has been known to cause severe illness, including autism, especially in infants.

Consumers have the right to expect safety from the products they purchase. If you or a loved one has been injured as the result of a faulty product, call us today, toll-free, at 1-888-99-POTTS (1-888-997-6887), or fill out our “Free Case Review” form, and a qualified attorney will evaluate your case for free. Let us work together to uphold the industry to the highest safety standards.

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A toxic substance is any chemical or mixture that may be harmful to the environment and to human health if inhaled, swallowed, or absorbed through the skin. Because injuries caused by exposure to toxic substances often do not surface until years, or even decades, after exposure, such cases can be difficult to prove. You must prove that you were in fact exposed to a dangerous substance, and that the injuries you suffer today were in fact caused as a result of that exposure. Facing a major corporation should only be done with the assistance of a qualified lawyer.

Common Instances of Mold and Toxic Substance Exposure

The following is a list of materials that are often involved in mold and toxic substance cases:

Asbestos

Asbestos causes respiratory and gastrointestinal disease, as well as a type of deadly cancer known as mesothelioma. Plaintiffs involved in these asbestos-related cases are usually workers at mines, factories, shipyards, refineries and construction sites. However, in the majority of cases, indicators of such diseases do not appear until many years after exposure to asbestos. See our Voice of The Consumer Primer on Asbestos for additional information.

Chemicals and Cosmetics

Household chemicals such as disinfectants, industrial chemicals such as solvents, and cosmetics such as makeup, are often the subject of toxic tort cases. Children are the most likely to be affected by these chemicals.

Hazardous / Toxic Waste

Improper disposal of hazardous/ toxic waste created by modern industry can lead to groundwater contamination and exposure to toxic material.

Pesticides

Pesticides are used to repel pests such as mice, insects, weeds, fungi and molds. Humans can be exposed to pesticides in the home or at work (gardeners or farmers).

Toxic Mold

Toxic mold has been linked to a number of health problems, including chronic headaches and nosebleeds, as well as cognitive difficulties. Toxic mold invades the home as a result of water damage.

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