Product Liability

In some cases, the problem is not with an individual but rather a product.  The product may be sold alone or part of a larger one such as a piece of a vehicle. Regardless, those who manufacture these products or place these products into the stream of commerce are held to a very high standard of safety. Sometimes these products are defective or fail but other times they become the focus of a claimant who otherwise cannot fault someone for an accident or problem. At Falk Waas, we investigate these claims with great detail to determine whether they are valid and if so, how to best defend them. Our experienced attorneys take a specialized approach to these matters from careful preservation of the product to a detailed investigation into the claim. We work carefully with teams of highly-skilled and specialized experts to make certain that the opinions received and theory of defense are both proper and easily understood by a jury. As these claims frequently involve issues of indemnity, Falk Waas helps to protect clients from exposure and provides a path to recovering their legal expenses incurred.

Collectively, our attorneys leverage their decades of experience across various practice areas to strategically deliver the best results for our clients.

Representative Cases

Defending claim without the product

Suit filed by Plaintiff who was rendered paraplegic following a head on collision. Due to insufficient coverage available from the driver of the other vehicle, the case progressed as one for products liability, namely a defective steering module in the tortfeasor’s vehicle. Although the actual vehicle was sold following the accident, we were able to successfully defend the suit by ways of previous EDR download, testing of exemplar vehicles and deposition testimony of other customers of the same type of car.

Fire caused by user

Successfully defended a claim that defective electrical wiring caused a vehicle to catch fire, leading to catastrophic injuries to the driver. Forensic evidence gathered proved that the fire was as a result of the acts of the driver. The evidence was provided to counsel representing the claimant, who then withdrew from the case.

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