Over the past three decades, the Firm has successfully defended product manufacturers in actions involving catastrophic personal injury in both state and federal courts nationwide. An effective defense of product manufacturers in actions involving their allegedly defective products not only requires a thorough understanding of the law, but also a sound understanding of product design, engineering and functioning. The Firm has employed this understanding in the context of accidents involving widespread injury to many plaintiffs as well as accidents involving a single claimant. Some examples of the type of products over which we have litigated include:
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Motorcycles
In cases involving catastrophic injury resulting from motorcycle accidents, we understand that summary judgment can be an effective means to defend a product manufacturer in a cost-efficient manner. Armed with this insight, we were able to persuade a federal court to grant summary judgment dismissing an action against client, a motorcycle manufacturer, where plaintiff was rendered quadriplegic after a motorcycle accident.
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Mechanized Go-Karts
The key to a successful defense of a manufacturer of go-karts is to understand the nuisances of product liability law in each jurisdiction, determine whether the go-kart at issue has been properly identified as a product of the client, and determine whether the go-kart at issue had been modified and/or whether it had been misused. Utilizing this strategy, we have successfully represented a manufacturer of go-karts in product liability suits nationwide, including obtaining a defense verdict in a wrongful death action in Idaho.
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Lift Trucks
Accidents involving lift trucks or other materials handling products often result in catastrophic injury or death. Our strategy of understanding the applicable law and marshaling the facts has enabled us to obtain dismissal of claims against product manufacturers and to reach favorable results at trial. For instance, in cases involving materials handling products, it is imperative not only to defend against claims of liability, a proper defense must also attack claims of damages as well.
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Bottles
In cases involving glass bottles, we understand that effectively utilizing a glass failure expert to perform a root cause failure analysis can make all the difference in the world. The object of such an analysis is to determine whether the bottle at issue failed as a result of user error rather than an alleged manufacturing defect. Using this strategy, we successfully represented a large beverage manufacturer against a catastrophic product liability action.
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Telescoping Conveyor Belts
Cases involving conveyor belts can cause limb injuries. As with other materials handling product cases, it is imperative to ascertain and factually develop the available defenses available to a product manufacturer. In such cases it is imperative to investigate the sophistication of end-users of conveyor belts, as well as whether end users have modified a conveyor belt which results in unnecessary exposure to injury of the machine’s users. Understanding these issues enabled us to obtain a successful result for a conveyor belt manufacturer during a trial in federal court involving a case in which the plaintiff’s arm was severed.
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Industrial Production Machinery
As with materials handling cases, industrial production machinery actions often involve catastrophic injury. In order to effectively defend such cases, we employ our understanding of product design, engineering and functioning and have successfully represented clients in catastrophic crush cases, including those involving industrial brake press machines.
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Cryogenic Transport Tanks
Our vast experience in defending clients in product liability actions includes a catastrophic injury resulting from the alleged malfunctioning of a cryogenic transport tank. In this case, where plaintiff’s damages were in excess of $20 million, we obtained full contractual indemnity for our client.