Sunday, November 14, 2010

Don't handle a products liability case if you don't have the experience, resources and staying power to bring them to conclusion.

Products liability cases "are horses of a completely different color". Most defendants are self insured, they look at these cases as an attack on their product, hire the best and most skilled defense counsel and instruct defense counsel to "fight to the death"(no settlements).The one exception that comes to mind is Toro Lawnmowers who have a national mediation program.
As a litigator I sued Ford, GM, Chrysler, Honda, Toro, and many, many more product manufacturers and distibutors. I had a lot of big hits and many some small settlements(crappy cases) , but because I knew how to prosecute them (coupled with my stubborness) I don't think I ever walked away " empty handed " in over 20 years of prosecuting these types of cases.
There are two things you have to do in every "products case"; which if you don't do you might as well flush the case down the toilet;
1. Bring a pre-suit order to show cause requesting an order for inspecting, photographing and videotaping the product. Your application should also request a TRO enjoining any repairs, alterations, maintenance , modification , movement or destruction of the product pending your inspection.(Request any records related to repair from date of accident to your inspection as well).
2. Immediately hire an expert[not a "jack of all trades] who MUST examine the vehicle once you get your order. ***Of course if your client is in possession of the vehicle( OR PRODUCT) you do not need a Court Order. In this instance , make sure you secure the product or vehicle, do not dispose of it and make plans to securely store it throughout the entire course of the litigation.
Always accompany your expert to the inspection and make sure you identify manufacturer, make, model, serial number, component part makers etc, so you can formulate a complaint.Always alternatively plead, design defect, manufacturing defect, negligence UCC violations and breach of express and implied warranties as well.(Don't forget punitive damamages).
By now your expert should provide his preliminary opinions to you which will allow you to tailor your interrogatories and discovery requests. Over the years I put together a hundred page set of interrogatories which we used in every " products case". Defendants generally knew we were playing for real. Make sure every iota of investigation and discovery you receive winds up in your expert's hands. He or she will guide you through the technical side of the entire litigation. Expensive yes....but no other way to proceed.
Well , enough for now. Are you getting the picture? Product liability cases against major , fortune 500 defendants are complex, expensive and are not a walk in the park.

No comments:

Post a Comment