Practice Areas

Products Liability Litigation

The firm has experience defending clients in all types of personal injury and product liability lawsuits. We have defended clients in cases ranging from wrongful death and catastrophic injuries to less sophisticated matters. Mr. Tyson and Mr. Mendes have defended Fortune 500 companies in product liability cases involving manufacturers, distributors, and retailers of a wide array of machinery and products.

Our successful practice is the result of many factors. We provide high quality legal representation, consult carefully with our clients, and keep litigation costs within budget. We also provide detailed litigation plans, ongoing case evaluations, and we recommend settlement where appropriate. In trial or arbitration, we prepare and present our cases thoroughly.



Posts about Products Liability Litigation

Court Of Appeal Declines To Extend Liability Under “Going And Coming” Rule Where Employee Had Lengthy Commute Home From Jobsite But Had Option To Use Employer-Provided Transportation

Date: April 20, 2017

In Flynn v. Tatitlek Support Services, Inc. (2017) 8 Cal.App.5th 1096, the Court of Appeal affirmed a summary judgment in favor of Tatitlek Support Services, Inc. (“TSSI”) in a wrongful death action on the grounds plaintiffs failed to present evidence supporting multiple exceptions to the “going and coming” rule. The sole issue on appeal was whether TSSI’s temporary employee, Abdul Formoli (“Formoli”), was acting within the scope of his employment when he caused a fatal cross-over automobile collision, killing himself and the other driver, on his way home after completing his job assignment.

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Unmanned And Underinsured: Issues And Opportunities Presented By The Increasing Use Of Drones In Various Industries

Date: April 20, 2017

Many industries have taken to drone technology to reduce costs, decrease risk and improve performance and efficiency. A study by PWC indicates the value of business services using drones is now at $127 billion. Industries employing drones run the gamut from real estate to construction, agriculture and government. The construction industry frequently uses drones to inspect dangerous or hard-to-reach areas. Drones are used by farmers to conduct aerial surveys of everything from water usage to crop maturity. In an apparent first, in July of 2016, Dallas police killed a mass shooting suspect by using a drone to deliver and detonate a bomb in the suspect’s hiding place.

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Subcontractor’s May Be Strictly Liable for Furnishing and Installing Defective Products

Date: March 1, 2016

E.F. Brady Company, Inc. ("Brady") is a subcontractor engaged in drywall installation and plastering. During the mid–1970’s, Brady participated in the construction of a complex of buildings in Irvine for Fluor Corporation (Fluor). In the 1990’s, Joel Hernandezcueva worked as a janitor in the Fluor complex. In or after 2011, Hernandezcueva was diagnosed as suffering from mesothelioma, which is a cancer of the “pleura” of the lung, typically caused by exposure to asbestos fibers. Hernandezcueva sued Brady for negligence and strict liability alleging that his disease was caused by exposure to asbestos fibers present in the drywall and drywall finishing products that Brady furnished and installed at Fluor in the 1970's.

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The Graves Amendment: One Foot in the Grave?

Date: October 2, 2015

In California, the owner of a motor vehicle is vicariously liable for injuries caused by the negligent operation of the vehicle by any person using it with the owner's permission. (Veh. Code § 17150.) This meant historically those who rented vehicles were liable for accidents caused by their customers, even though the rental company was not negligent in any way. (Mercury Ins. Co. v. Enterprise Rent-A-Car Co. of Los Angeles (2000) 80 Cal.App.4th 41.)

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Seeing the Median Through the Trees: Public Entities May Be Liable for Dangerous Conditions of Public Property, Even if a Third Party’s Negligence Precipitates an Accident

Date: October 2, 2015

In the recent case of Cordova v. City of Los Angeles, (2015) 190 Cal.Rptr.3d 850, the California Supreme Court ruled that trees placed closely to a roadway within a public median may be sufficient to expose the public entity to liability, even if a negligent third-party caused the injured party to strike the trees.

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Opening the Door for Potential New Employment Litigation – California’s Anti-Bullying Law

Date: April 7, 2015

Last year, the California legislature passed a law requiring all companies with over 50 employees to add anti-bullying training to the mandatory two-hour sexual harassment training required under California Government Code section 12950.1. Prior to the passage of this legislation, the law required training on prohibiting and preventing sexual harassment, discrimination, retaliation, and other types […]

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Primary Assumption of Risk Arguments Still Kicking

Date: February 4, 2015

The primary assumption of the risk doctrine has been used to provide immunity from suits for certain sporting and recreational activities, based on the public policy consideration that such activities are to be encouraged, rather than discouraged. The immunity from suit typically applies so long as the defendant did not do anything to increase the “inherent risk” of the activity.

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Think You Can Outsource Liability? Think Again.

Date: October 30, 2014

Until now, labor contractors bore the burden of liability for proper payment of wages and securing workers’ compensation for the workers they supply to a business. However, California’s recent passage of Assembly Bill 1897 changes these burdens by the creation of a new law, Labor Code section 2810.3, which becomes effective on January 1, 2015.

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