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 Defective manufacture, military helicopter gear box, spinal cord injuries (settlement)
$9,200,000 $6,320,064 $2,760,000 $119,358 Defective design, airplane component, wrongful deaths (settlement)
$6,800,000 $4,473,334 $2,266,666 $60,000 Brain injury, defective water slide, amusement park negligence (settlement)
$3,500,000 $2,028,000 $1,400,000 $72,000 Spinal cord injury, defective truck component – truck rollover (settlement)
$2,500,000 $1,644,667 $833,333 $22,000 Arm loss, product liability, defective design of farm tractor (settlement)
$2,300,000 $1,321,000 $920,000 $59,000 Spinal cord injury, 3 wheel all terrain vehicle defective design (settlement)
$2,000,000 $1,106,887 $800,000 $93,111 Brain injury, radiologist negligence & product liability (settlement)
$1,000,000 $630,000 $333,000 $37,000 Wrongful death, military aircraft manufacturing defect, product liability (settlement)
$1,111,000 $596,603 $444,000 $70,397 Heart attack, product liability, cardilogist negligence (settlement)
$500,000 $225,000 $250,000 $25,000 Wrongful death, defective design of hay baler (settlement)
$1,111,000 $594,975 $444,400 $71,625 Heart attack, product liability and cardiology negligence (settlement)
$450,000 $300,000 $148,905 $1,095 Off label drug marketing, dysphagia, product liability (settlement)
$615,000 $340,000 $246,000 $29,000 Defective design, bass boat stick steering, wrongful death (jury trial & settlement)
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