Products Liability
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.
Our Products Liability Unit’s Areas of Expertise
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
Attorneys
Case Victories
Shareholder David Melton and Senior Associate CJ Ninke successfully opposed a Motion to Remand, prevailing on removing a case from Sacramento County Superior Court to the Eastern District of California. Read more about this case.
David Melton and Tomi Aina obtained a defense verdict on behalf of a national retailer in an action brought by a customer alleging the retailer violated the Product Safety Recall and Protection Act…Read more about this case.
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.
Resolved for nuisance value a claim against a manufacturer of a surgical drill bit that was alleged to have snapped during surgery.
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.
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.
