Overview

Objective: Producing Solutions to Defective Product Litigation

Disproportionate punitive damages, negative publicity and loss of company value are among the consequences facing California defendants in today’s high stakes product liability litigation arena.

Focused on Risk Reduction in Products Liability Defense
Archer Norris attorneys manage the risks associated with complex product liability actions. We defend manufacturers, distributors and retailers in a range of product liability actions – including two-party, multiparty, complex and class actions.

Practicing in California’s Core Areas and Industries
Our product liability experience includes representing commercial and consumer clients in various industries, across the State. These industries include:

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

Tested at Trial, Developers of Novel Approaches
Complex fact patterns and arrays of technical, medical and scientific evidence that characterize product liability actions are all familiar territory for Archer Norris product liability attorneys. Often we devise litigation strategies that include innovative perspectives on widely alleged negligence and causation arguments.

Defending Emotionally Charged Injury Cases
The catastrophic injuries alleged in many product liability cases can create challenging and unsympathetic contexts for defendants. Archer Norris litigators have an outstanding record of achieving positive results in these tough cases. We have obtained defense verdicts, reduced defendant liability to a fraction of demands, and work to achieve global settlements that protect clients’ interests and businesses.

Managing Trial-Bound Cases Efficiently
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.