Product Liability Is:

 

Litigation for injuries caused by the defective design or manufacture of a product.

Product liability includes:

 

  • Defective product causing injury
  • Poorly-designed product causing injury
  • Injuries from defective airbags
  • Defective drug injuries

products liability - an ATTORNEY's overview

The public is entitled to live in a world where products are reasonably designed to prevent anticipated and foreseeable injuries. Products manufacturers' societal obligations to make their products safe can come into conflict with their desire to make products inexpensively and quickly. Like anywhere else in the business world, corners get cut, with the public's right to safety taking a back seat to the bottom line. When these "cut corners" cause injury, the injured party has a right to sue the product manufacturer, distributor or seller for their injury.

Products liability is a particularly complex and specialized area of law, requiring particular expertise. Product liability cases are generally likely to take longer to resolve. They are also less likely to settle than other claims, due to their complexity, and generally also due to the severity of injury that can be caused by a malfunctioning product. Also, a product manufacturer may fear that a settlement in your case may lead to hordes of other claimants who used their product. Accordingly, product manufacturers, distributors, and their insurers hire well-trained attorneys, and have industry experts and medical experts on retainer.

As a preliminary qualification, the attorney handling your case needs to have working knowledge of the complicated legal doctrines associated with so-called "strict liability" claims. The lawyer should also have at his (or her) disposal some experience with assessing the engineering or design of products, and have available experienced, qualified experts able to testify in court about why a particular product was dangerous and caused injury. Sophisticated modeling techniques, computer animation, demonstrative "re-creations" of injury, video evidence of the product or industrial machine in operation, and the creation or presentation of alternate design or manufacturing methods may also play a role in the case. In short, these cases are difficult, complicated, expensive, and not for the occasional personal injury practitioner.

I am not an "occasional" tort practitioner. I have substantial products liability experience, initially representing product manufacturers, now representing injured persons. My past work as a lawyer representing product manufacturers and their insurers has given me insight into defendant's strategies, claims and insurers' perspective regarding these claims. I have litigated, tried and settled product liability claims since joining the bar in 1983, with "six figure" settlements to my credit. I have worked extensively with experts in product design and manufacture; engineering; physics; materials experts; and ergonomics (or "human factors") experts. I can bring this experience to bear to help you resolve your case successfully.