Products Liability

Overview

Contact UsOur attorneys have extensive experience in defending product liability matters. We defend self-insured manufacturers and works with insurers and third-party claims administrators in the automotive, industrial, agricultural, drug and medical device, consumer products and recreational products industries, to name only a few.

Kevin Reynolds has served in the prestigious position of Chair of the Product Liability Committee of the Defense Research Institute (DRI). Members of the firm have presented at well over two dozen national seminars on product liability topics, and have written and been published extensively in the field.

Our attorneys are accustomed to dealing with such issues as: The Restatement of Torts, Third: Products Liability; spoliation of evidence; subsequent remedial measures; protective orders; “Daubert” hearings; discovery issues unique to products cases; federal court removal; and the admissibility of other accidents, claims or lawsuits.

Several Whitfield & Eddy attorneys are actively involved in the litigation of serious injury, product liability cases. The firm provides services to insurance companies that provide product liability coverage; self-insured manufacturers of products; retailers, wholesalers or distributors; and often, other “links” in the chain of distribution of a product.

Services

  • Assistance with product recalls
  • Consultation on regulatory matters
  • Defense of self-insured manufacturers
  • Product liability prevention
  • Representation of retailers and distributors


Cases and Transactions

  • 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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