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:
Transportation
• Jet ski (warnings)
• ATV (stability/warnings)
• RV (stability)
• Mini bus (doors)
• Boat (floatation)
• Aviation (airline seat failure)
• Tire (failure)
Industrial equipment (manufacturer, dealer, corporate end user)
• Automatic doors
• Rubber hose (failures)
• Gas pump (containment sump/shear valve)
• Adhesive (glue failure)
• Escalator
• Hamburger patty machine
• Pavement profile machine (interlock/guard removal)
Construction products (manufacturer, corporate end user)
• Windows
• Doors
• Glass (tempered)
• FRT roof sheathing
• Asbestos
• Polybutylene pipe
• Concrete mix
• Steel rebar (marine application)
• Roof (standing seam metal manufacturer)
Ancillary to surgical medical cases (medical malpractice with end user)
• HIFU (ultrasound injury)
• Hoyer lift (failure)
• Surgical mesh (infection)
• Cool Sculpting (spa injury)
• Miscellaneous recalled medications
Consumer Products (manufacturer, distributor, retailer)
• 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)
• Power wheelchair (stability)
• Gas grill (fire)
• Insecticide
• Stretcher (collapse)
• Mower (stability)
• Climbing equipment (harness)
Favorable Outcome in a Case Involving an Exploded Blender
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
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
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
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
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
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.
Attorneys
- Jaime J. Baca
- Peter Bartoszek
- James R. Brown
- Christopher G. Brown
- Oscar J. Cabanas
- John A. Campbell
- Christopher A. Cazin
- Jordan S. Cohen
- Kevin W. Crews
- Eric D. Diamond
- William F. Fink
- Barbara A. Flanagan
- Kyle R. Fontaine
- Richards "Dick" Ford
- Carlos “Charlie” Garcia
- Jason A. Glusman
- Jeffrey Goodman
- Donna K. Hanes
- Frederick “Rick” E. Hasty, III
- Michael A. Holtmann
- Daniel F. Ieraci
- Christopher J. Jahr
- Joshua T. Jurnovoy
- Jessica L. Kaplan
- Elyse Malouf
- Leslie A. McCormick
- Kevin G. Mercer
- Patrick L. Mixson
- Constantine “Dean” Nickas
- Matthew P. Ouellette
- Dennis “Denny” O’Hara
- Brittany A. Perez
- Charlene C. Poblete
- Jessica J. Prince
- Nicholas D. Prudenzano
- Richard E. Ramsey
- Amy Ray
- Michael E. Reed
- Alyssa Reiter
- R. Baron Ringhofer
- Mark H. Ruff Jr.
- Nicholas S. Seamster
- Kurt M. Spengler
- Cory Stephenson
- Michael C. Tyson
- Raymond E. Watts, Jr.
- J.J. “Spike” Wicker II
- Andrew Willers
- Ashley P. Withers
- Melissa T. Woodward
- David I. Wynne, Jr.