Product liability claims can and often do arise within the normal course of our lives. Whether it relates to lead in our children’s toys, the tires on our car, or other household products, the results of a defective product can be devastating. These devastating impacts are felt not only by the person or persons injured by the product, but also by the product’s manufacturer, seller, or otherwise who face potential exposure based upon harm allegedly caused by the product.
Under the products liability laws, consumers have a right to assume that the products they use are safe, or are otherwise reliable. When a product fails and causes injury or death, a consumer has the right to file a claim against a number of parties that potentially allowed the dangerous product to be put on the market.
Products liability law often produces disputes then end in complex litigation. The nature of a products liability claim is generally dependent on the jurisdiction or state where the consumer lives, the type of product, and the cause of the defect. Product defects can arise in a number of situations including defects in design, defects in manufacturing, or where a manufacturer fails to warn consumers of dangers associated with use of the product. Furthermore, liability in products cases can rest with a number of parties, even if a party is not the original manufacturer of the product. As a result, both plaintiffs and defendants alike need a competent and skilled group of attorneys that can accurately and efficiently assess all the potential liabilities associated with a given product, and select the best path for success, whether that involves straightforward liability claims, negligence, strict liability, breach of warranty, or even fraud.
Christensen & Jensen’s products liability litigation attorneys represent both plaintiffs and defendants in a wide variety of product liability claims. From a plaintiff’s perspective, it is important to understand the potentially liable parties and what aspect of the product, design, manufacture, or warranty, is faulty. Plaintiffs’ attorneys also need to be cognizant of the type of product and whether it is one that is subject to strict liability or more traditional notions of products liability. Similarly, a products liability attorney must be cognizant of how their client used the product and how the injuries occurred. Christensen & Jensen’s products liability litigation attorneys are especially adept at determining the proper parties to sue and whether and what claims to set forth as part of a lawsuit.
Christensen & Jensen’s product liability litigation attorneys also represent manufacturers, distributors, suppliers, and retailers, whose products may have injured a consumer. The defense of a product liability claim begins with a thorough analysis of the complaint. Often, a plaintiff’s complaint will lack the specificity required to withstand a motion to dismiss. In other instances, the complaint pleads causes of action that fail as a matter of law. Accordingly, early motion practice should be considered, which may dispose of a plaintiff’s potential claims with little fanfare. Depending on state law, there are also a variety of defenses available to the defendant including comparative negligence, assumption of the risk, state of the art and federal pre-emption. Product liability claims often raise complex issues and require the retention of scientific and technical experts to defend them. Christensen & Jensen’s products liability attorneys have extensive prior experience and have demonstrated competence in the field, knowledge of the relevant sate product liability law, familiarity with the venue and local judges, and the ability to prevail at trial.
Product liability services offered by Christensen & Jensen include:
Breach of warranty claims
Defective manufacturing claims
Defective product design claims
Defective warning/product literature claims
Personal injury litigation from alleged defective product
Wrongful death litigation from alleged defective product
General business counseling
Mediation and arbitration
Lobbying and legislation
Product recalls and hearings
Regulatory and licensing
Warnings and labels
Public relations and media management
Representative matters include:
Pharmaceuticals and supplements/vitamins
Recreational and sporting goods, including snowmobiles, ski boots, trampolines, basketball poles, playground equipment, and paint guns
Automobiles, motorcycles, semi-trucks, and trailers