We represent consumers across the United States who were injured as a result of a defective product. Such defects can be caused by the design, manufacturing, or installation of a product, or by the manner in which the product was sold, marketed and/or furnished to the public. Under the law, manufacturers, distributors, and retailers have an obligation to ensure that their products are safe to use or that consumers are properly warned of dangers posed by their products.
We litigate all types of product defect and products liability lawsuits, including class actions, before juries and appellate courts, including:
- Motor vehicle defects: Seat belts, airbags, tires, child car booster seats, fuel and emissions systems
- Dangerous highway design, hardware, and safety systems: Guardrails, roadway signs and signals, and roadway lighting and stripping
- Unsafe medical devices, pharmaceuticals, and chemicals: Surgical implants, cosmetics, diet supplements, drugs, and other potentially toxic substances
- Unsafe food and drink products: Food and food supplements, animal food, water purification, and other beverage products
Our Representative Matters – Defective Products & Products Liability
We are presently leading or have recently concluded the following high-profile lawsuits:
- Lindsay X-LITE Guardrails: As reported by The TODAY Show, CBS This Morning, in June 2017 Cohen Milstein filed a series of individual wrongful death lawsuits throughout the southeastern United States against the Lindsay Corporation, alleging that the company’s X-LITE guardrail system, currently installed on roadways in 29 states across the country, is defective. Instead of the guardrail end-terminal properly performing by absorbing the impact from a crash and telescoping backward upon vehicle impact or redirecting the vehicle, as it should, it fails to maintain its integrity and acts as a spear, impaling vehicles and contributing to deaths of crash victims.
- Mincey v. Takata: Cohen Milstein successfully represented the family of Patricia Mincey, an elderly woman who was paralyzed and ultimately died after her car’s Takata airbag deployed forcefully. Ms. Mincey alleged that her car’s Takata airbag system was defective and that Takata knowingly hid the defect from consumers. We successfully avoided the case getting wrapped up in multi-district litigation in federal court and engaged in extensive discovery that, as reported in the New York Times and Reuters, furthered the U.S. Department of Justice investigations into Takata Corporation and its subsequent recall efforts of Takata airbags – one of the largest recalls in U.S. history. We successfully settled the lawsuit prior to trial.
- Caterpillar Truck Engine Products Liability Litigation: Court-appointed Co-Lead Counsel, we represented 22 trucking and transportation firms and individuals in 18 states, who alleged Caterpillar sold them diesel engines with defective exhaust emissions systems that resulted in power losses and shutdowns, causing loss of business revenues. In September 2016, we successfully settled the case as a consolidated national products liability class action for $60 million, resulting in a significant per-plaintiff remuneration.