We pride ourselves on having a wealth of knowledge regarding state and federal product liability laws as well as the applicable national and industrial standards governing the design, manufacture and distribution of products. Our trial track record and case results demonstrate our proactivity in defending these actions for our clients.
As an initial matter, we thoroughly cover threshold issues, including product identification, to ascertain our client’s involvement in the particular product’s design, manufacture, and/or distribution. This entails following any “paper trail” and pursuing aggressive investigation to locate and preserve evidence. We also immediately analyze whether any legal defenses, such as statutes of limitations or repose, can be asserted.
If we determine our client’s role to be that of a distributor, we actively seek dismissal by way of applicable certification laws which permit identification of the true manufacturer and/or designer. We also aggressively pursue tenders of defense and seek insurance coverage for our clients based upon the existence of a vendor's endorsements or other insurance obligations.
Early on in the substantive handling of product liability actions, we meet with our clients and their engineering and technical staffs so as to fully familiarize ourselves with the design, manufacture, and distribution of the particular product, which enables us to present the most effective defense. We also obtain and review all written product information to support any possible defenses of misuse of product, assumption of risk, and contributory or comparative fault. We assure that all appropriate defenses are raised and that all necessary counterclaims and third-party actions are pursued.
Our experience in the product liability field provides us with access to the most sophisticated industry experts. We act quickly to retain the best consultants, provide them with all applicable materials, and update them as necessary through the course of discovery. Throughout the litigation, we keep our clients closely advised as to the progress of the case and consistently obtain their input so as to present the best possible legal and technical defense.
We have defended the integrity of myriad products, including automobiles and their component parts; tire changing machines; elevators and escalators and their component parts; railroad equipment; industrial cranes; automated doors; industrial and work tools; conveyors and conveyor components; milling machines, punch presses; construction equipment; lawn and garden equipment; sump pumps; bungee cords; food products; motorcycles; mopeds and motorized skate boards; respirators, oxygen tanks and other medical products. Our clients agree that Cassiday Schade’s skills in the product liability arena speak for themselves.