Defective Products

REPRESENTING CLIENTS INJURED BY DEFECTIVE AND DANGEROUS PRODUCTS IN CALIFORNIA AND NEVADA

Since the California Supreme Court first recognized a consumer's right to bring suit against the maker of a defective product, our firm has been at the forefront of this important area. Our defective products liability attorneys have successfully resolved cases against foreign and domestic auto makers for injuries from poorly designed seat belts and airbags, inadequate roof strength and rollover protection, gas tank defects and handling flaws. We have prosecuted the makers of unsafe children's toys and furniture, small electrical appliances, flammable clothing and bedding, and caustic household chemicals. In the work place, our lawyers have sought compensation from the makers of unsafe saws, ladders, scaffolds, lifts, lathes, metal forming machinery, and construction site accidents.

Our defective product litigation lawyers are dedicated to compelling manufacturers to produce safe products and to holding manufacturers accountable when they do not. When you suffer an injury because of a defective product, whether the defect is in the design, manufacture, packaging, instructions, or warnings, you have the right to seek financial compensation.

The laws of both California and Nevada protect consumers from products that do not perform in a matter consistent with the ordinary expectations of a user. Our attorneys have broad experience in protecting the rights of injured consumers who are injured by household products, drugs, medical devices, industrial machines, food additives, recreational safety equipment and a host of other items mass produced for use by the public.

Consumer Alert: Grout Sealer...

EXAMPLES OF OUR SUCCESS

Death of husband and father - mismatched car and trailer - $5,250,000 settlement

Our product liability lawyers negotiated a cash and annuity settlement having a present value of $5,250,000 on behalf of the surviving widow and two minor children of a 42-year-old fire captain who was killed when his SUV rolled over on Highway 50 while pulling an "Ultralight" travel trailer. Plaintiffs claimed that the defendant motor home retailer inappropriately sold the family a trailer which was too large to be safely pulled by their small SUV. Plaintiffs also claimed that the retailer failed to advise them that if the travel trailer were loaded to its maximum capacity (as specified by the trailer manufacturer) the trailer would weight 1,400 pounds more than the maximum weight recommended by the SUV manufacturer. While traveling on Highway 50, passing a semi-truck, the trailer was hit by a gust of wind causing it to fishtail, go out of control, and roll over, pulling the towing SUV with it. Defendants claimed that had the decedent read the owner's manual for his vehicle and the trailer he would have observed warnings in both manuals regarding overloading, and, by weighing the vehicles he could have avoided the situation which produced his death. The settlement was reached after three mediations.

Defective Industrial Aerial Lift - $10,000,000 Settlement

Our attorneys represented the surviving wife and two children of a Northern California real estate developer. While participating as a passenger in a “ride along” on a self-propelled man lift (which was to be used for accessing heating and ventilating ducting in his real estate projects) the decedent was killed when the lift tipped over. Our product liability team demonstrated that the lift, as designed, had a center of gravity that was too high and the risk of tip-over was not adequately protected against either by a widened wheelbase or by the utilization of outriggers. The manufacturer attempted to blame the operator of the device for driving it on an “uneven” exterior surface, when in fact, the lift was intended for indoor use. The recovery made on behalf of our clients included compensation for the future lost earnings of the decedent, and general damages for the loss of a husband and father’s love, care, comfort and society. The settlement included court supervised periodic payments throughout the lives of the two children to provide for college education and security during their young adult years.

Defective Bike Helmet - $17,000,000 Verdict

Our attorneys obtained a jury verdict in Santa Clara County Superior Court against the largest maker and seller of bicycle safety helmets in the United States. Our client, a 53-year-old software engineer, sustained significant brain injury when he fell from his bicycle and struck his head. The helmet which he was wearing did not protect the most vulnerable portions of his head. Our attorneys demonstrated that although “certified” to industry standards, the helmet failed to provide protection where it was needed most. Our client sustained brain damage and paralysis. The jury’s award included compensation both to him and his wife. The elements of compensation included past and future medical bills, lost wages, and a sum to compensate him for his special needs throughout the balance of his life.

Defective Jet Ski - $3,760,000 Jury Verdict

Our product liability trial lawyers obtained a jury verdict in Napa County Superior Court in the amount of $3,760,000 on behalf of a 42-year-old woman who received serious and life-altering abdominal injuries when she fell from the rear of a Polaris model SLH-700 Personal Water Craft. The injury, which occurred on Lake Berryessa, was the result of high pressure jet stream from the rear of the water craft flowing into our client’s lower intestinal tract. She sustained damage to her bladder, sacral plexus, cosmetic scarring over her abdomen, and serious orifice injuries. Prior to trial, the maker of the jet ski had offered only $100,000 in settlement. The verdict is one of the largest in the history of Napa County.

Industrial Metal Forming Machine - $4,500,000 Settlement

We successfully represented the interests of a 42-year-old metal worker who suffered catastrophic brain injury after a 50 pound piece of metal was ejected from a metal-forming lathe which was manufactured by the defendant, a Japanese corporation. On behalf of our brain damaged client, our attorneys demonstrated that the lathe had been manufactured and sold without analyzing all possible failure modes, and without including protection for work pieces or chuck components to be contained within the chamber of the lathe. Our attorneys were able to prove that the manufacturer knew of at least two similar lathe accidents, but had taken no remedial action. Under the terms of the settlement, approximately 75% was paid in cash, and 25% was dedicated to the purchase of multiple annuities to help pay for ongoing medical costs and to provide financial support for the wife and children of our injured client. As part of the settlement, a worker’s compensation lien in excess of $1,000,000 was also compromised and waived.

Contact Walkup, Melodia, Kelly & Schoenberger for a FREE CONSULTATION with an experienced California or Nevada defective product liability attorney.