Products Liability

Porter Scott attorneys offer manufacturers, distributors, suppliers, and retailers exceptional legal counsel and advice in the defense and management of product liability claims based on negligence, strict liability, or breach of warranty.

Inherent in the process of manufacturing is the risk that no product, regardless of the safety of its design, the clarity of its labeling or the regulation of its purchase and usage, is guaranteed to escape litigation. Porter Scott attorneys focus on early case assessment to determine whether the case should be aggressively litigated to a jury, extinguished by dispositive motion, or resolved by settlement or mediation. The firm’s attorneys are especially skilled at developing factual and legal defenses for complex scientific and technical issues. Attorneys work side by side with clients to identify and reduce risks.

The firm’s experience in products liability matters includes:

  • Consumer goods
  • Electronics
  • Failure to provide adequate instructions, warnings and labels
  • Failure to issue an adequate recall notice
  • Flammable fabrics
  • Forklifts and material handling equipment
  • Landscaping equipment
  • Gas and propane burns/explosions
  • Heavy construction equipment
  • Magnuson-Moss Warranty Act & Song-Beverly Consumer Warranty Act claims
  • Manufacturing equipment
  • Medical devices
  • Motor vehicles
  • Recreation and sports equipment

Obtained a defense verdict in favor of a large national lawnmower manufacturer in a design defect allegation. Plaintiff was allegedly shot in the chest by a projectile from under the mower deck. Various experts testified that the accident could not have occurred in the manner Plaintiff alleged.

Resolved for nuisance value a claim against a manufacturer of a surgical drill bit that was alleged to have snapped during surgery.

Represented sheet metal manufacturer who was alleged to have made a canning machine defective after a retro-fit. Plaintiff lost hand in alleged defective canning machine. Resolved at mediation.

Obtained defense verdict at trial in favor of the oldest national forklift manufacturer in an amputation claim. The case involved first impression issues concerning lateral turn-over and safety doors in stand-up forklifts.

Ensuring the Enforceability of Settlement Agreements

When one or both parties refuse to abide by the terms of a settlement agreement, the party seeking an expeditious resolution may request the court to enforce the terms pursuant to section Civil Code of …

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Vicarious Liability

by: Jonathan A. Corr and Kimberly L. Kakavas Consider this hypothetical: a business owner is sued and named as a defendant in a lawsuit. The alleged wrongful conduct was not committed by the business owner, but …

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Court Rules That Information-Regardless of Timing-Is Key to the Reasonableness of a C.C.P. Section 998 Offer to Compromise

by: David Melton, Lindsay Goulding and Colleen Howard California’s Second District Court of Appeal held on January 15, 2013 that a plaintiff’s offer to compromise pursuant to Code of Civil Procedure § 998 was reasonable, and thus …

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Can Witness Statements be Withheld from Opposing Counsel Under Work Product Protection?

by: Chad S. Tapp and Matthew R. Day You are the owner of a popular gourmet grocery store, and take pride in maintaining a clean and safe establishment. One day, you hear a thump and see …

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