Case Examples: Products Liability
Pool Accident - $5,000,000 Settlement
For our client, a 2-year-old girl, who nearly drowned in an improperly installed above-ground pool. In addition to obtaining contributions from the pool owner, the pool seller, the pool installer and the filter manufacturer, we defeated a specific policy exclusion and recovered $1,000,000 from the insurance carrier for our client's own parents.
Electrocution - $3,000,000 Settlement
For our client, a man who was left in a persistent vegetative state after electrocuting himself on a machine he had hot-wired to move under its own power, rather than push. We successfully argued that the machine had a defective safety switch which, if operating properly, would have prevented electrocution.
Maritime Accident - $1,800,000 Settlement
For our client, a woman who was rendered a paraplegic after falling from the upper deck to the lower deck of a cabin cruiser. We successfully argued that the hatch, like any opening in a well-traveled floor, should have a cover or guard around it if it is left open.
Auto-Transmission Design - Confidential Settlement
Reached against auto manufacturer and driver during Trial in which we were lead plaintiffs' trial counsel for over 20 victims struck down, some fatally, by an out-of-control car. We claimed that the operator had inadvertently pressed down on the accelerator, instead of the brake, as she shifted from "park" into "drive", causing the car to suddenly accelerate, which in turn caused the driver to lose control of the vehicle. We contended that the vehicle was defectively designed for not having a brake shift interlock to prevent the operator from shifting into gear unless the operator's foot was on the brake pedal.
Car Driver's Seat Design - Confidential Settlement
Reached shortly before trial against the automobile manufacturer and offending driver, and for our client, a driver who suffered paralyzing neck injuries when his stopped car was rear-ended by another. The claim was that, due to its defective design, the driver's seat-back collapsed rearward in this low-speed impact causing our client's neck to hyperextend and for his head to strike the rear seat seat-back thereby causing his injuries.
Fuel Fed Fire in Rear-Ended SUV
We are currently representing a young woman who suffered catastrophic burns when a sports car impacted the rear of the sports utility vehicle ("SUV") in which she was a passenger, causing the gas tank to rupture. Among our claims are that the SUV was defectively designed, which led to the rupture of the fuel tank.
Seat-Belt Design - Ejection
Our client's wife was killed when she was ejected from the motor vehicle she was operating went off the road and subsequently crashed. We claimed that she was wearing her seatbelt but because the belt was attached to the door, and not the door frame, when the door opened it extended the belt so that she was, in effect, no longer restrained by it. We argued that to have the belt attached to the door was a defective design because of the risk of ejection even when belted once the door opened.
Defective Stove Design And Flammable Fabrics - Confidential Settlement
In this case, a young girl was severely burned while reaching across her kitchen stove to turn off one of the burner controls located in the back of the stove. Her shirt caught on fire when it came in contact with one of the burners. The action was brought against the manufacturer of the stove for the improper placement of the controls, and against the manufacturer of the shirt which we claim was highly flammable. The case resulted in a confidential settlement.
Worker Injured By Defective Pasta Maker - $1,675,000 Verdict
In favor of our client, a pasta chef who got his hand caught in a pasta-making machine, which the Jury found to have been defective. Our client sustained a partial amputation of four fingers which had to be reattached by microsurgery.
Inadequate Warnings on Toxic Finishers - $1,000,000 Settlement
Reached during trial for our client, a wood finisher, who, we contended, was caused to suffer permanent disabling damage to his central nervous system as a result of his use of certain spray and padding lacquers. According to our expert, the labels on these wood finishing products did not properly warn him of the health hazards associated with exposure nor properly advise him of the need for proper ventilation and masks.
*These results do not guarantee a similar outcome.
