Products Liability

Products liability cases are those in which the manufacturer and/or the seller of a product (drug, device, machine, vehicle, anything really)  may be held liable for injuries caused by that product.  In certain situations, the manufacturer may have “strict liability” for injuries caused by the product.  The trick, then, is to prove that the product is defective in some way…either it was not manufactured as designed, its design had an inherent flaw that created an unreasonable risk of harm, or the product warnings supplied with the product failed to warn of the risk.

Products Liability Experience

We cut our teeth on products liability cases in our early years of practice…Dalkon Shield, asbestos, industrial saws, and more.  More recently, among other cases, we successfully settled a major case involving a drug product in clinical trial…not an easy feat, given the law governing clinical trials.

Products Liability Defense

Sometimes the best defense for products manufacturers defending products liability cases is one of “alternate causation” … meaning something else caused the injury.  This was a somewhat viable approach for A.H. Robins in the Dalkon Shield cases (the injury, generally an infection of the uterus,  could be caused by a sexually transmitted disease or some other introduction of bacteria); not so much in the case of asbestos-bearing products, where the diseases (asbestosis, mesothelioma) are uniquely caused by inhaling asbestos.

Injured by a Product? Let Us Help You

If you think you have a products liability case involving a substantial injury, contact us for a free initial consultation.  If you still have the product and/or the packaging and instructions that came with it, make sure to preserve them and bring them to your appointment, along with any medical records.  We look forward to meeting with you.

Read a Wall Street Journal article about a case involving us.