Products Liability

Overview

Products Liability Attorney in Iowa

When a consumer or industrial product is involved in an injury, people often blame the manufacturer. However, multiple factors can contribute to product-related accidents. Product users don't always read the directions or warnings, they may try to use a product for an unintended use, or use the product recklessly. Many times the product has been altered from its original form.  Unfortunately, the manufacturer is often blamed, especially where the injury may be serious or debilitating, leading to a products liability case. 

Is your company facing products liability issues? We can help you navigate the minefield of products liability. Whitfield & Eddy's products liability lawyers have protected manufacturers, distributers and other companies in the chain of the distribution of a product. Our attorneys have represented or worked with: 

  • Self-insured manufacturers
  • Retailers, wholesalers, and distributors
  • Third-party claims administrators
  • Insurers

If you need a products liability attorney anywhere in the nation, our lawyers can help. The right firm. The right fit. Learn more about our products liability practice below. 

Whitfield & Eddy Products Liability Legal Services 

Products liability plaintiffs' attorneys increasingly rely on technology for legal arguments. You need a firm that understands and uses digital tools to fight their claims. Our vigorous and thoughtful defense employs cutting-edge technology and innovative strategies to protect our clients. 

We understand the importance of protecting your trade secrets in a competitive industry. Our team preserves this information as we prepare your defense or enter settlement discussions. Your company's continued success and sustainability remain our top priorities during any case. 

Products issues that we deal with on a daily basis include:

  • The Restatement of Torts, Third: Products Liability
  • Drafting favorable terms and conditions associated with product sales
  • Spoliation of evidence
  • Admissibility of subsequent remedial measures
  • Protective orders relative to commercially-sensitive or proprietary information
  • ESI (electronically-stored information) issues connected to products
  • Product recall assistance
  • Consulting on risk/hazard analysis
  • Reviewing product literature and warning labels for compliance with appropriate standards (i.e. ANSI Z535)
  • Preparing corporate 30(B)(6) witnesses for deposition
  • “Daubert” hearings and motions
  • The admissibility of other accidents, claims or lawsuits 
  • Consultations on regulatory issues
  • Products liability prevention
  • Federal court removal

Why Select Whitfield & Eddy for Your Legal Representation? 

We have earned a reputation for offering sound legal advice while guiding our clients to the most optimal outcomes in products liability cases. Our team is recognized for our leadership roles in this field, our lawyers are regular authors on products liability topics and have presented to audiences of attorneys and owners, managers, and insurers at dozens of regional and national seminars.  Our lawyers are active in the DRI Products Liability Committee, the Product Liability Advisory Committee (PLAC), and the ALFA Products Liability Steering Committee. 

At Whitfield & Eddy, our lawyers' depth of understanding of this area comes from their broad backgrounds. Our team has experience with products liability cases across a wide range of industries, including automotive, aviation and aerospace, drug and medical device, industrial, manufacturing, chemical, consumer, agricultural, recreational and children’s products. 

The results reflect our professionalism and commitment to our clients. We have received defense verdicts in countless state and federal court jury trials, reached nominal settlements quite favorable to our clients, and won outright dismissals via summary judgment. 

Contact Our Des Moines Products Liability Attorneys Today

When you enlist the services of Whitfield & Eddy, you get a firm that provides a range of legal guidance, as our lawyers collaborate with their colleagues for expertise on related matters.

The right firm. The right fit.

Contact us today to set up an initial consultation about your products liability case. 

Cases and Transactions

  • We successfully obtained a summary judgment in federal court on behalf of a manufacturer of a consumer treadmill that allegedly “sped up” on its own, causing an elderly lady to fall and fracture her shoulder.
  • We successfully obtained a partial summary judgment in federal court on behalf of the seller of a sand reclamation system used in the dairy industry, when a farmer-buyer claimed that the system did not work properly.
  • We successfully defended the manufacturer of a portable farm elevator in a state court case in Fulton County, Kentucky, where a worker had moved the elevator into an overhead powerline, causing a fatal electrocution injury. The case was dismissed on the courthouse steps before our motion for summary judgment could be heard by the court.
  • We successfully defended the manufacturer of a portable farm elevator involved in an accident in South Dakota. A very young child quite tragically reached into the intake of an auger-type elevator as it was running, sustaining an amputation injury.  The matter was resolved for a nominal amount prior to suit, very favorable to our client.
  • We successfully defended the manufacturer of a portable farm elevator involved in an accident in Genesee County, Michigan. A young man got his shirt entangled the shaft drive of the elevator.  Tragically, he sustained an amputation of an arm at the shoulder.  A lawsuit filed in state court was removed by us to the federal court in the Eastern District of Michigan.  Our investigation of the claim revealed that the machine involved had actually been cobbled together by using three different implements, and the part where plaintiff was caught had not been supplied by our company.  When we filed a motion to dismiss the case on summary judgment, plaintiff’s counsel voluntarily dismissed the case with prejudice.
  • Obtained partial summary judgment ruling in Louisiana federal court in which the court strictly enforced liability limiting language in a contract; court held that manufacturer’s liability was capped at the purchase price of the equipment (less than $200,000) even though the Plaintiff sought in excess of $20,000,000 in damages pertaining to alleged product performance deficiencies.
  • We successfully defended the manufacturer of a tree cutter in a state court case in Minnesota, where a blade broke, struck Plaintiff and caused a permanent leg injury. The case was settled for a nominal amount.
  • We successfully defended the owner of an aerial work platform, where Plaintiff had moved the work basket into a “pinch point” and caused positional asphyxia, and a “stuck” valve was found after the accident.
  • We successfully defended the manufacturer of a deep brain stimulator implantable device, where it was alleged that a lead “broke” and caused a second surgery to replace it, which resulted in a brachial plexus injury. The case was dismissed against our client.
  • We successfully defended the manufacturer of an industrial baler, where a workman had entered a scrap removal system, fell into the baler, and triggered the ram, resulting in the traumatic amputation of both legs.
  • We successfully defended the manufacturer of a pneumatic nailer, where one worker put a 3½-inch nail into the knee of a co-worker. We received a defense verdict in federal court jury trial.
  • We successfully defended the manufacturer of a roof bracket that had allegedly failed, causing a worker to fall and sustain serious, permanent injuries. We received a defense verdict in federal court jury trial.


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