Product Liability

Product liability cases can involve complex issues of proof and chain of distribution, including designers, manufacturers, distributers and retailers. It is essential that the defective product be preserved by whoever is in possession of it and that written communication be issued to that party immediately. We have a network of national experts in all fields with whom we consult about defects, feasible alternative designs and manufacturing processes. These cases involve issues of design, manufacture, marketing and warnings/instructions. Georgia follows a “risk utility” test for design defect cases and different standards of proof apply to different entities in the chain of distribution. Sellers/retailers must be put on notice of a claim immediately or the claim can be lost. There are also statutes of repose that relate to the age of the product involved.  We have recovered hundreds of millions of dollars in verdicts and settlements in a diverse range of product related cases.

Representative cases

• We have represented victims of defective industrial, agricultural and consumer products ranging from “hi-lift” trucks, cranes, forklifts, lawnmowers, ATV’s, jet skis/PCW’s, farm equipment, gas ovens, construction equipment, and exercise devices.
• We have participated in numerous multi-district litigation cases around the country, including L-tryptophan, Gammaguard, PhenFen and Vioxx.
• Handled numerous medical device cases, including defective knee and hip replacements, leg lengthening device, and a needle disposal container with no fill mark, in which a nurse received a needle stick and contracted AIDS causing extreme depression and suicide, leaving behind a young child.
• A young computer specialist was blinded when an elastic exercise device snapped/broke and put out his eye. The manufacturer of the device was located in a country which was not signatory to the Hague Convention, did not answer the lawsuit and had no connection with the U.S.; however, a high six-figure sum was recovered from the retailer of the device.
• Numerous defective firearm cases involving “gun drop” in which the handgun fired after being dropped on the ground due to a faulty safety and/or trigger mechanism.
• A large recovery was made on behalf of the family of a young woman who was run over by a co-worker backing up a defectively designed steam roller, which did not allow proper rear visibility.