Our product liability attorneys defend manufacturers and distributors of diverse products nationwide. We have achieved success as national trial counsel for leading manufacturers of hospitality furniture, for playground equipment and for a leading manufacturer of baked goods. We also monitor cases involving huge exposure for excess insurers. We believe that by protecting our clients from such risks, we partner with our clients to help them achieve profitability and avoid costly litigation. The majority of our product liability cases settle, therefore it is imperative that our attorneys are able to negotiate favorable settlements on behalf of our clients. That said, eighty-four percent of our product liability cases have been settled for less than half of the original demand.
Our product liability attorneys remain current in the ever-changing law in our states and nationwide. We are familiar with the various theories of recovery and available defenses. We have represented a wide variety of companies in product liability cases including CF Group, Inc., CMI Nixon & Company, Cutting Edge Creations, Falcon Products, Inc., Keebler Company, Pepsi and Pep Boys.
We represented a manufacturer in a trial involving a product liability/spoliation of evidence claims. While the plaintiff was attending a party hosted by our insured, she leaned over a small wooden table which collapsed leaving her blind in her right eye. Consistent with the depiction on the box, the insured covered the table with a cloth linen and a glass top, giving the table a more attractive and sturdy appearance. Three months following the accident, the insured disposed of the table. The defendants eventually settled the case with the plaintiff and pursued a contribution and spoliation claim against with our client. The main issue at trial was whether there was a duty to preserve the table. The co-defendant relied upon a human factors-liability expert, who testified that had the product been preserved, they would have been able to assess whether the product was indeed manufactured by them and test for manufacturing defects. We obtained a directed verdict for our client at trial.
We represented a foreign manufacturer against a twenty-five year old claimant diagnosed with hard metal lung disease from occupational exposure at work to metal dust and/or particles. By asserting defenses based upon international conventions, we achieved a favorable settlement early in the case.
We represented the manufacturer of an overhead crane, which was sold to a steel company. Several years after manufacture and sale, the pendant operated crane was lifting a load and inappropriately carrying the load over workers underneath. As the load was being lifted, the operator two-blocked the load, causing the chain to snap, the load to drop, severely injuring the plaintiff standing below working in the area. Plaintiff sustained a serious brain injury, but managed to survive, resulting in partial paralysis, partial sight loss, and a loss of smell and taste. The court ruled that no dispositive motions could be filed until the completion of fact discovery. Site and product inspections involving engineering experts with comprehensive protocols involved, resulted in numerous depositions showing the product had been altered and modified by the subsequent users. We were able to extricate manufacturer for a nuisance value settlement of $5,000 when the case eventually settled for over $2,000,000.
We represented a technology company in a case where the plaintiff claimed to have injured her hand while using a self-checkout cash register. She claimed her hand was pinned by the monitor of the unit as she scanned a large bag of dog food. She claimed she suffered from RSD in her left arm as a result of the incident. She also claimed the RSD had caused abdominal issues requiring surgery. Plaintiff’s medical bills totaled over $120,000. We filed several dispositive motions and narrowed the issues at trial. We refused a very large settlement demand and prepared for trial, forcing the plaintiff to accept our final offer of $85,000.