Product Liability

The manufacturers and sellers of products have a duty to sell products which are reasonably safe.

 

There are several types of product liability:

 

  • Design Defect – an intended condition of the product renders it unreasonably dangerous. The design itself is flawed, for instance. In these cases, there must exist a safer alternative.
  • Manufacturing Defect – a defect that arises for manufacturing failures which cause a product to depart from a safe product design. Manufacturing defects are, in a sense, unintended.
  • Marketing Defect – This defect is a failure to provide adequate instructions or a failure to warn the consumer about ways of using the product which are dangerous.

Unlike some other areas of personal injury, the courts have tended to expand consumer protection over recent decades. However, these cases can be complex, requiring very specific kinds of expert testimony. Rock Onstad has handled numerous successful product liability cases and has a particular interest in medical devices.

VERDICTS AND SETTLEMENTS in which Rockne W. Onstad was Lead Counsel or Co-Counsel

    Gross Amount  Client Recovery        Attorney Fee           Expenses Nature
$13,650,000 $8,055,000 $5,460,000 $135,000 Product Liability, Military Helicopter Gear Box, Spinal Injuries (settlement)
$9,200,000 $6,320,064 $2,760,000 $119,358 Product Liability, Aircraft Carburetor, Wrongful Death (settlement)
$3,500,000 $2,028,000 $1,400,000 $72,000 Product Liability, Defective Pick-Up, Spinal Cord Injury (settlement)
$3,000,000 $1,724,000 $1,200,000 $76,000 Neurosurgeon Malpractice, Cauda Equina Syndrome (settlement)
$2,500,000 $1,644,667 $833,333 $22,000 Product Liablity, Defective Farm Tractor, Arm Loss (settlement)
$2,300,000 $1,091,000 $920,000 $59,000 Product Liability, All Terrain Vehicle, Spinal Cord Injury (settlement)
$2,000,000 $1,106,887 $800,000 $93,111 Radiologist Malpractice, Brain Catheterization, Brain Injury (settlement)
$1,111,000 $594,933 $444,400 $71,623 Product Liability, Heart Stent, Heart Damage (settlement)
$1,000,000 $514,000 $400,000 $36,000 Product Liability, Crawler Crane, Brain Injury (settlement & verdict)
$950,000 $614,232 $316,667 $19,101 Intraoperative Spinal Cord Monitoring Negligence, Spinal Cord Injury (settlement)
$615,000 $340,000 $246,000 $29,000 Product Liability, Bass Boat, Wrongful Death (jury trial & settlement)
$615,000 $440,985 $153,750 $20,265 Defective Swimming Pool, Breach of Contract (settlement)
$500,000 $225,000 $250,000 $25,000 Product Liability, Defective Hay Baler, Wrongful Death (settlement)
$450,000 $300,000 $148,905 $1,095 Product Liability, Medical Device, Throat Injury (settlement)
$360,000 $204,000 $144,000 $12,000 Product Liability, Defective Firearm, Foot Injury (jury verdict)
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