Products Liability
Bottar Leone, PLLC represents individuals who were harmed by products that were designed or produced in an unsafe or unreasonably dangerous manner. In many cases, products fail to perform as the manufacturer intended, or fail to perform when used by a consumer in a reasonably foreseeable manner. In other cases, a product fails to be accompanied by warnings sufficient to notify a consumer about a hidden characteristic of the product that is dangerous. When a product is defective in one or more of these ways and a consumer is injured, the manufacturer may be liable.
Several actors may be at fault for a defective product reaching, and injuring, a consumer. In some cases, only the manufacturer may be subject to liability; in other cases, a regional distributor, wholesaler, local retailer, or general contractor, may also be at fault for the sale or use of the product.
Bottar Leone, PLLC conducts meticulous case analysis by applying its experience and consulting with scientific experts in order to determine:
- whether a product was defective;
- whether recovery is possible (does the defendant have insurance or assets);
- what amount of compensation to seek (what type and how much damage was caused); and
- whether punitive damages should be sought (should the defendant be punished for an intentional wrong).
A viable product liability lawsuit requires a defect, damages and insurance coverage or assets from which to recover.
Product liability lawsuits are complicated, lengthy, costly and very well defended. Most manufacturers have attorneys on staff, or retain the services of large law firms, to defend them. All claims that are accepted by the firm are actively researched and aggressively pursued to a conclusion.
Illustrative examples:
- Manufacturer produces screwdrivers. We all know that screwdrivers are used to install and remove screws. The screwdriver works when used in a clockwise fashion (to install screws), but breaks when used in a counter-clockwise fashion (to remove screws). When the screwdriver breaks, consumers are injured. Manufacturer may be liable for designing or producing a product that fails to be safe for its intended use.
- Manufacturer produces screwdrivers. In addition to being used to install and remove screws, we all know that screwdrivers are commonly used to remove the lids of paint cans. The screwdriver breaks when used in this way and consumers are injured. Manufacturer may be liable for designing or producing a product that fails to be safe for a common and foreseeable use.
- Manufacturer produces sport utility vehicles. Despite their high center of gravity, the vehicles are not accompanied by a warning that they have a tendency to tip if turned sharply at high speeds. Consumers, who are unaware of the danger, are injured when the vehicles tip while turning. Manufacturer may be liable for failing to warn about this dangerous aspect of the product.