Toys and tools with defects, or lacking adequate guards and warnings, can change the life of anyone from a toddler at play to a construction worker responsible for providing for his or her growing family. Medical devices and drugs can work wonders – or merely compound the suffering of patients when they not adequately tested or recalled when a problem develops.
Manufacturers and distributors who tout the benefits of their products, and urge us to buy and use them, have a special responsibility in a consumer society to be sure that those products are properly designed and built, with clear instruction about their risks and limitations. Companies profiting from their marketing success must also be held responsible when they fail to meet these standards.
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Our client was using home exercise equipment when a cable snapped, striking his face and causing permanent eye injury. His occupation requires extensive reading. We worked with a forensic engineering expert from a local university who determined that the design of the equipment was defective. As a result of our litigation team's investigation and advocacy, this federal court case settled for seven times the original offer made during negotiation.
When products are defective in manufacture, design, or because of inadequate warnings, manufacturers and sellers can be liable for resulting injuries to conscientious users.
Our client slipped down icy interior stairs in an office building. She suffered serious injuries to both of her hips, requiring several surgeries. Although the building's management knew the stairs were dangerous due to the ice, they did not act to make the stairs safe. As a result of our litigation team's investigation and advocacy, the case settled for three times the original offer made by the building management's insurance company.
Building owners and managers have a duty to keep premises safe. When they are made aware of a dangerous condition and do not fix it quickly, they can be liable for resulting injuries.