Product Liability

When we use products – both in the workplace and at home – we expect them to be safe. Unfortunately, defective products are responsible for killing and maiming thousands of people in the United States every year. When companies produce defective or dangerous products that cause death or injury, our firm seeks to hold these companies responsible for the injuries caused by their products.

  When companies make defective or dangerous products that harm, we seek to hold them accountable for the damages that result.

Firm attorney John Flemming has a proven track record representing consumers and workers killed or injured due to defective and dangerous products. He has handled cases against manufacturers of unsafe industrial machinery, motor vehicles, and construction equipment and consumer products. Representative cases include the death and injury due to:

  • Inadequately guarded industrial machinery such as grinding wheels, vertical milling machines, conveyor belts and systems, and paper sheeters;
  • Defectively designed automobile components such as gas tanks, transmissions, and general lack of crash worthiness;
  • Defective after-sale products such as left foot accelerators;
  • Defectively designed consumer products such as lawn mowers, hot chocolate makers, porcelain sink fixtures and black light bulbs.

Learn more about injuries caused by defective and dangerous products in the workplace setting.

Proving Your Case – What Must Be Demonstrated to Win

When a client is injured from a dangerous or defective product, it’s not sufficient to achieve a jury verdict or settlement to simply show that the client was injured while using the product.  To prove that a product is unreasonably dangerous, a plaintiff must prove either a manufacturing or design defect.  In either type of case, the critical issue is whether the product was unreasonably dangerous given its foreseeable uses in the environment in which the product was to be used.  To prove a design defect case, a plaintiff may show that an alternative design could have eliminated the risk of harm, that a guard or safety feature could have prevented the harm from occurring, or that a manufacturer failed to provide adequate warnings of foreseeable dangers or risks that either were not or could not be designed away or adequately guarded against.

Not surprisingly, in litigation, companies that manufacture defective and dangerous products try to shift the blame for accidents and injuries onto the person injured or to other circumstances beyond their control. In the workplace, they assert that other working conditions were the cause of the accident, perhaps alleging that an employer demanded that employees work too fast. In non-workplace injuries, these companies may assert that the injured person did not read the instruction manuals, or did not properly use the product.

Our firm works with expert engineers and other professionals to be able to identify unsafe products that have contributed to accidental injury or death in the workplace, on the road or in the home. We are committed to providing victims of unsafe product design with access to the judicial system.  When companies seek to blame the injured, we fight back to show that it is the company that had the resources and ability to eliminate manufacturing or design defects, and that it is the manufacturer and its products who should be held responsible.  This is the only way to convince big companies and insurers to enter into reasonable settlement discussions, and to get a jury to find in favor of our clients if a reasonable settlement is not offered.

If you’ve been injured due to a defective or dangerous product, call our firm to find out how we can help you.

  • Client Victories

    • Playground equipment settlement: $950,000
    • Negligent administration of anesthesia and monitoring of patient during lumbar disk neurosurgery: $3,750,000
    • Negligent performance of forceps delivery with median episiotomy: $950,000