Overview

Objective: Producing Solutions to Defective Product Litigation

While California’s ranking as a “judicial hellhole” has lessened in recent years, the risk of product liability litigation continues to be a real threat to business in California. Mega-punitive damages, negative publicity and loss of company value are among the high-stakes consequences of product liability litigation.

Archer Norris attorneys manage the risks associated with complex product liability actions. We defend manufacturers, distributors, retailers and their insurers in a range of product liability actions – including two-party, multiparty and class action. Areas and industries of experience include, but are not limited to: 

• Construction
• Material Manufacturers
• Vertical Transportation
• Automotive and Commercial Vehicles
• Aircraft and Aviation Equipment
• Industrial Machinery
• Chemicals • Consumer Products
• Warranty Litigation
• Drug and Medical Devices
• Pharmaceutical Products

The Art and Science of Product Liability Claims
Trial-tested and proven. Developers of novel approaches to negligence and causation arguments. Innovative challenges to expert testimony. Our attorneys are veteran practioners of the art of jury trials and persuasive negotiations.

We have handled numerous high-demand product liability actions marked by complex fact patterns and arrays of technical, medical and scientific evidence. 

The catastrophic injuries that trigger many product liability cases can create challenging and unsympathetic contexts for defendants. Archer Norris litigators have an outstanding record of prevailing in these tough cases. We obtain defense verdicts, reduce defendant liability to a fraction of demands and achieve global settlements that protect clients’ interests and businesses. 

Our ability to place cases on trial track and remain cost-effective is advantageous for clients. Archer Norris brings this strength to bear to achieve clients’ goals through early case dismissal, settlement and at trial at the state and federal levels.

Representative Matters

Representative Matters

• Elevator Product Defect - Called in to defend an elevator service company facing serious injury claims two weeks before trial started, the Archer Norris trial team quickly reformulated courtroom strategies.  Our winning argument dispelled the myth of injuries occurring from passengers jumping in a rapidly descending elevator. Instead, we focused on evidence indicating a manufacturing fault in the vintage elevator.  Our client prevailed and received a defense verdict.
• Defective Windows – Defended a product liability class action that alleged defective design and manufacturing claims against a window maker. The lawsuit involved 80,000 potential homes and millions of windows.  We structured a favorable settlement with a nominal cash payout and an extended warranty.
• Industrial Machinery - Achieved a successful settlement in the defense of a manufacturer of a tin finishing machine at a steel plant.  The clients faced claims of liability in connection with an accident involving the severing of an arm.
• Automotive- Defense of car manufacturers, including Ford Motor Company, and General Motors Corporation, in automotive product defect cases throughout the Western United States.
• Snow Thrower - Obtained a defense verdict for a national retailer in a defective design claim involving injuries the plaintiff alleged after he tried to unclog a running snow-throwing machine by sticking his hand down the exhaust shoot. 
• Pool Heater- Defended a distributor, who was part of a multidefendant defective product action, against claims involving a head injury induced by a pool heater lid. We minimized our client’s liability to a fraction of the original claim.
• Chain Saw Scalping - Successfully represented the manufacturer of a chainsaw in a defective product case involving the scalping of a minor using the machine. We achieved a nominal-amount settlement.
• Punch Press - Defended an employer in a severed fingertips case alleging negligence in punch press accident. Case dismissed on first day of trial.
• Flammable Pajamas - Defending national retailer, JCPenney Corporation, in a products liability case concerning flammable fabric in a nightgown that caught fire.
• Grinding Wheel – Settled for a nominal amount, right after jury selection, a claim involving a grinding wheel accident and resulting serious facial injuries.  Defense of the defective product action was on behalf of a national retailer.

FAQ

FAQ

How does Archer Norris protect companies during product liability claims?
From the onset, we provide clients with a thorough assessment and analysis of the risks involved in litigation. We consider business liabilities and the impact on reputation and business operations. Within that framework, we develop litigation strategies that support clients’ goals. These strategies are often bolstered by our extensive industry knowledge in the areas of construction, real estate, vertical transportation, pharmaceutical, medical device and environmental issues. 

What strategies do you have in high-stakes cases?
Archer Norris litigation resources are broad and mission-adaptable. Our network of experts and extensive litigation library are areas we manage and deploy with ongoing success. Our strikeforce trial team, On Call Trial Counsel, addresses the urgent needs of clients’ must-win litigation. Capable of mounting a winning defense on short notice, we’ve even taken over cases mid-trial. Our litigators understand that effective advocacy must be spirited yet sufficiently flexible to control any eventuality. When case resolution is sought outside a courtroom, we are able to maximize outcomes for clients, often leveraging our collegial relationships with the California plaintiffs bar and bench.