Obvious Defect? Not so fast…

Even a seemingly “obvious” product defect will take the right skills and understanding of the law to successfully prove a product liability case.

Clients may come to your office with a potential product liability case.  If you are a lawyer, and this is outside your typical practice area, it makes sense to refer that case to an experienced product liability lawyer, even with a familiar product or seemingly straightforward defect, an experienced product liability lawyer will have the knowledge and skillset to anticipate common defenses and set the course to obtain a positive outcome.

In order to successfully prove a product liability case,  lawyers must not only be versed in the law but also have a deep understanding of the engineering principles behind the product’s design, its operation, and the companies involved in bringing that product to market. This is what empowers us to develop the best theories of liability, craft detailed pleadings and discovery, and take meaningful depositions of corporate representatives who are often individuals that were involved in designing the product at issue.

We recently handled a case for a young client who purchased a brand name bicycle from a major retailer. On his first time taking the bike out for a ride, the front wheel suddenly detached, causing him to suffer a complex and painful wrist fracture.

Despite sending a technician out to inspect the bicycle and detached front wheel, the seller and manufacturer denied the bicycle was defective.

Then a second client came to us with a similar story and almost identical model bicycle from the same retailer and manufacturer. Shockingly, the steering mechanism of the bicycle failed the first time she tried to ride it, causing her to lose control, fall and suffer a fractured humerus and concussion.

We filed lawsuits against the seller, the bicycle assembly company, and the manufacturer of the bicycles. To increase the pressure, the lawsuits were strategically filed on the same day. Prior to filing the lawsuits, we scoured available resources on the internet and prior lawsuits against these defendants for prior admissions and their own public representations they made about the safety and dependability of their products and incorporated them as allegations in the complaints, anticipating that the defendants would try to place the blame on our clients for not recognizing the dangerous condition of the bicycles. We immediately served detailed discovery requests and diligently followed up to make sure the defendants knew we would hold them accountable.

Both cases were removed to federal court and one faced a challenge to venue. Despite the defendants denying there was any problem with their bicycles, the cases eventually resolved in favorable settlements for our clients after initial discovery.

We understand our clients’ frustration when companies refuse to accept responsibility and their desire to have these businesses held accountable when their products cause them painful and debilitating injuries. We also know there are no shortcuts when it comes to knowing the law, digging into the science, and presenting a strong theory of liability, and that by dedicating our time, effort, and attention to detail to craft a powerful case from the very first filing, it can lead to the swift resolution our clients deserve.

Galfand Berger has handled tens of thousands of personal injury matters and paid millions of dollars to referral counsel.  Our skilled attorneys are happy to chat with you about your personal injury referral. Our team includes attorneys and staff fluent in Spanish.