RODUCTS LIABILITY
Representative Cases
- RV Refrigerator Recall: Products liability subrogation involving RV’s refrigerator recall and the subsequent fire, which caused the loss of the RV and its contents, as well as adjacent structures.
- Helmet Failure: Downhill BMX bikeracer was doing a practice jump in Brazil where he resided when he fell and the helmet failed. Multiple facial and dental injuries with medical bills of $30k and loss of earnings of $10k. Helmet manufactured in China, shipped to Taiwan then to Los Angeles, then to Brazil. Carrier for manufacturer claimed no point of sale in L.A. Distributor had tendered defense to manufacturer which had been denied. Cross-complaints by both and coverage counsel participated in mediation.
- Glass Shards in Beverage: Plaintiff was allegedly drinking a bottle of iced tea when she discovered shards of glass at the bottom. Alleged emotional distress.
- Watercraft: Plaintiffs took their watercraft out on the ocean after it had been tuned up by one of the defendants. The boat stalled and they were unable to restart it. Plaintiffs spent 20 hours through the night in the water before being rescued by Coast Guard. Allegations by mechanic who cross-complained against manufacturer and vice versa regarding negligence by mechanic during tune-up vs. manufacturing defect in starter.
- Salad Bar Defect: Plaintiff was injured when salad bar glass fell and shattered onto her foot allegedly causing permanent disability. Allegation of strict liability due to design defect as the vegetables caused foreseeable moisture build-up rusting the screws which loosen and allow glass to fall with failure of manufacturer to advise purchaser to regularly apply silicone. Initial demand mid-6 figures.
- Room Diffuser: Plaintiff was browsing in a department store and stooped down to pick up a sample room diffuser from the bottom shelf of a display. The top separated from the glass bottle and fell to the ground with the contents spraying onto her face and into her eyes. She suffered burns and alleged residual tearing and visual deficiencies. Plaintiff sued the manufacturer under theory of design defect and the department store for failure to warn.
- Cruise Control: Plaintiff alleged defect in manufacture and design of cruise control caused it to spontaneously combust; vehicle caught on fire and damaged garage and home. Recall notices had been issued but plaintiff was secondary purchaser and claimed the notice had never reached him.
- Water Heater: Water heater leaked causing damage to commercial tenants. Causation issue as to installation vs. manufacturing defect and whether water heater was intended for home not commercial use. Multiple defendants and cross-complaints.
- School Incident: High school student sliced her arm using a table saw during woodshop class. Plaintiff sued the school district for negligent supervision, negligent maintenance of table saw, negligent modifications and school cross-complained against manufacturer for design defect, failure to warn, etc.