Products Liability

Products Liability

Tyson & Mendes defends corporate clients in all types of products liability lawsuits, including negligent design, negligent manufacture, and failure to warn. We represent clients in products liability cases ranging from wrongful death and catastrophic injuries to subrogation claims. We have defended Fortune 500 companies such as Costco, State Farm, Liberty Mutual, Nationwide, USAA, CBRE, American Family, Sprouts Farmers Market, and many others in products liability cases involving manufacturers, distributors, and retailers of a wide array of machinery, medical devices, and other products. We leverage our experience and understanding of our clients’ businesses and products to prepare case- and product-specific litigation strategies to mitigate exposure to corporations whose products are challenged as unsafe.

Products Liability Articles:

Nevada Affirms Use Of Consumer-Expectation Test In Design Defect Cases

Author: Christopher Lund | November 5, 2017 10:52am
The Ford Motor Company (Ford) appealed a jury verdict in a strict liability design defect case, in which Ford unsuccessfully argued an alternative design defect test should have been included in the jury instructions. The plaintiff Teresa Gacia Trejo was driving a 2000 Ford Excursion on a highway with her husband Rafael Trejo sitting in the passenger seat. When Ms. Trejo attempted to change lanes, the trailer she was pulling fishtailed causing her to lose control of the vehicle. The Excursion rolled between 1.5 and 2.5 times before resting upside down. Ms. Trejo stated “the roof was so crushed that [she] was unable to see Rafael.” Ms. Trejo was able to climb out of the vehicle, but her husband died at the scene.

Product Liability

Author: Patrick Mendes | August 26, 2014 4:59pm
Product liability cases can involve complex mechanisms of injury, and multiple design and manufacturing defendants. Recently, the Court of Appeal addressed a matter where defendants claimed a products liability case should have been tried under a risk/benefit test instead of a consumer expectations test.

Lead Paint Litigation and the Future of Public Nuisance Law

Author: Morgan Van Buren, Robert Tyson | July 28, 2014 9:52pm
On December 16, 2013, the California Superior Court ordered three current or former paint companies to pay $1.1 billion toward an abatement fund to be used to replace or contain lead paint in millions of California homes. The order was issued pursuant to the Court’s ruling on a lawsuit filed by ten city and county governments in California. The lawsuit, People v. Atlantic Richfield Company, et al., alleged the defendant companies’ sale of lead-based paint created a public nuisance and that such companies should pay the plaintiff municipalities for the cost of abating the problem.

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