Products Liability

Wicker Smith’s product liability defense attorneys are adept at developing customized litigation strategies for cases where the allegation is that a product caused wrongful death, personal injury, and/or property damage. With experience that runs the spectrum from mass tort actions to single-plaintiff litigation and across myriad industries, we aggressively defend claims in both Federal and State courts. We represent manufacturers, distributors, retailers and corporate end users in cases involving defects in design, manufacturer, assembly, warranty and marketing/failure to warn.

Examples of representation include:

• Auto (roll-over and safety equipment) Motorcycle (grips)
• Jet ski (warnings)
• ATV (stability/warnings)
• RV (stability)
• Limo (gas tank)
• Mini bus (doors)
• Boat (floatation)
• Aviation (airline seat failure)
• Tire (failure)
• Electric gates
• Automatic doors
• Rubber hose (failures)
• Gas pump (containment sump/shear valve)
• Adhesive (glue failure)
• Printing press (interlock issue)
• Escalator
• Hamburger patty machine
• Pavement profile machine (interlock/guard removal)
• Chinese drywall
• Windows
• Doors
• Glass (tempered)
• FRT roof sheathing
• UFFI insulation
• Asbestos
• Polybutylene pipe
• Concrete mix
• Steel rebar (marine application)
• Roof (standing seam metal manufacturer)
• Bovie (fire)
• HIFU (ultrasound injury)
• Hoyer lift (failure)
• Surgical mesh (infection)
• Laser (thermal injury)
• Cool Sculpting (spa injury)
• Miscellaneous recalled medications
• Firearms (interlock/safety)
• Furniture (table and chair failures)
• Cabinet (delamination)
• Golf club (tempered shaft failure)
• Playground equipment
• Vending machine (stability/overturn)
• Diet/weight loss product
• Soft drink bottler (foreign object)
• Home appliance (electrical fires)
• Power wheelchair (stability)
• Gas grill (fire)
• Insecticide
• Stretcher (collapse)
• Mower (stability)
• Climbing equipment (harness)

Favorable Outcome in a Case Involving an Exploded Blender

Attorneys: Christopher A. Cazin

We represented the manufacturer of a popular type of blender in a case where Plaintiff alleged that her blender exploded during use, causing burns to her hands and arms. Plaintiff’s medicals were less than $200, and evidence showed that she was blending warm ingredients, which is contraindicated for that particular device. Despite these facts, Plaintiff’s opening demand was $75,000. The case was resolved in under a year for $9,000.

Settlement on Behalf of an Ammunition Manufacturer

Attorneys: Richards "Dick" Ford, Kurt M. Spengler

Served as local counsel to primary products counsel. Represented a firearm ammunition manufacturer in a claim that a defective bullet spontaneously fired amputating a finger. The case was settled before trial.

Defense Verdict in a Traumatic Amputation Case

Attorneys: Raymond E. Watts, Jr.

Represented our client manufacturer in a product defect claim related to a traumatic amputation from hamburger patty machine. At trial we received a defense verdict.

Defense Verdict on Behalf of a Home Builder

Attorneys: Raymond E. Watts, Jr.

Defended our client in a product defect case where a homeowner claimed damages against the home builder related to use of Louisiana Pacific siding.  We received a defense verdict.

Favorable Outcome for a Fireworks Retailer

Attorneys: Richards "Dick" Ford

Defended a fireworks retailer in a case where, during the course of New Year’s Eve celebrations, a mortar exploded, resulting in the amputation of Plaintiff’s left hand and forearm to the elbow. Evidence showed that Plaintiff was intoxicated at the time of the incident and was holding the mortars in his hand to light them, rather than standing them on the ground as intended. Plaintiff demanded $4 million; case resolved for $150,000.

Limited Damages in a Defective Key Socket Case

Attorneys: Melissa T. Woodward, Kurt M. Spengler

This case involved an alleged defect in a key socket on a tire lift kit sold by our client. Plaintiff alleged that he sustained injuries to his ankle as a result of a key socket malfunctioning while he was rotating the tires on his Jeep Wrangler. Plaintiff demanded $100,000 at mediation; case resolved for $15,000.

Summary Judgment: Middle District of Alabama (Products Liability)

Attorneys: Hugh B. Harris
Birmingham Partner Hugh Harris recently obtained summary judgment in a products liability case, originally filed in state court then removed to the U.S. District Court for the Middle District of Alabama. We served as local counsel for a ladder manufacturer in this case in which Plaintiff fell from the ladder during his course of work examining the roof of a house. Plaintiff alleged significant injuries that required surgery and extensive physical rehabilitation. He filed suit against our client, alleging that the locking mechanisms on the ladder failed, which led to his fall and subsequent injuries. Plaintiff put forth an expert that speculated as to potential design flaws in the ladder, but ultimately was not able to provide any actual scientific evidence of a manufacturing defect. Extensive testing of the ladder by defense experts showed undisputed evidence that Plaintiff’s primary theory of liability was inconsistent with the facts surrounding the incident. As such, we argued that Plaintiff’s expert should be struck and that Plaintiff was incapable of meeting the requisite burden of proof. The Court granted summary judgment in our client’s favor, resulting in a complete dismissal.
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