Unsafe & Defective Products

Consumer Safety Should Never Be Compromised.

As consumers, we use products with the understanding that they will make our lives easier or more pleasant. We trust them to be safe. Yet, thousands of people are injured or killed every year because of defective or dangerous products ranging from motor vehicles and children’s toys to building materials and medical equipment.

We have decades of experience seeking justice against even the most powerful companies whose product design, manufacturing or marketing negligence have caused harm, injury or death. Our attorneys have a track record of success in handling challenging product liability cases that other law firms shy away from. We understand that every case is unique, and we have the experience and resources to help you achieve the outcome and compensation you deserve.

Our team includes former civil defense attorneys, criminal prosecutors, and former judicial clerks, who add to the legal and strategic perspective we bring to our client representations in court and in settlement negotiations. The team is complemented by subject matter experts and professionals such as accident re-constructionists, engineers, physicians, and economists.

We represent clients in state and federal courts across the country. We also co-counsel with law firms nationwide.

Some of our successes include:

$131 million jury verdict recovered in a defective seatbelt case against Ford Motor Co.
$60 million settlement against Caterpillar for its diesel engines with defective exhaust emissions
More than $6 million in settlements recovered in defective guardrail and roadway design cases
More than $5 million in settlements recovered in defective airbag cases
$4.75 million settlement recovered in a defective airbag case
$3.75 million settlement recovered in an automotive unintended acceleration
$1.4 million settlement against Ford Motor Co. for the defective roof design of a truck
$1 million settlement recovered in a defective tire case.

*Prior results do not guarantee a similar outcome.

We are proud of the changes that our efforts have brought to consumers. We have not only recovered significant verdicts and settlements for our clients, we have also helped stop these defective products from causing any further pain, suffering, and damage. For example, our discovery efforts in Mincey v. Takata, an airbag product liability lawsuit, furthered the U.S. Department of Justice investigation into Takata Corporation and subsequent recall efforts of Takata airbags – one of the largest recalls in U.S. history.

SCOPE OF SERVICES

We have successfully represented individuals and their family members who have been victims of defective products – at home, on the road, and in the workplace. Our team has experience handling a variety of product defect and products liability claims, including:

Automotive and Vehicle Components: Seat belts, airbags, tires, roof crush, stability and handling/rollovers, fuel and emissions systems
Highway Design, Hardware, and Safety Systems: Guardrails, roadway signs and signals, and roadway lighting and striping
Children’s Products: Car seats and booster seats, infant sleepers, toys, playground equipment
Medical Devices, Pharmaceuticals, and Chemicals: Surgical implants, cosmetics, diet supplements, drugs, and other potentially toxic substances
Home and Building: Power tools, hand tools, furniture, building material, electrical wiring and heavy machinery
Unsafe Food and Drink products: Food and food supplements, animal food, water purification, and other beverage products

We can provide a free consultation to help determine if you or a family member has a product liability claim. We work on a contingency basis, so we don’t get paid unless you do.

If you or a loved one has been injured and you believe you may have a legal claim, please contact us at (877) 515-7955 or fill out a Free Case Evaluation Form.

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OUR APPROACH

Many of the cases we litigate involve cutting edge legal issues. Each case may be unique, but the complexities, challenges and stakes are always high, requiring attention to detail – and dedication to client needs and concerns. We are selective in those we choose to represent. Typically, our clients have suffered significant and permanent injuries or the death of a loved one due to a defective product that was improperly designed, manufactured, installed or labelled.

Product liability cases require specific expertise far beyond the bounds of standard law practice. These cases are complex, expensive, and time-consuming. As a result, we take the time to thoroughly evaluate, research, and investigate each potential claim.

Our reputation for providing exceptional legal representation to injured people in the most complex product defect and products liability cases reflects our deep understanding of industry standards, design, manufacturing, patents, labeling, and consumer rights.

We work on a contingency basis, so we don’t get paid unless you do. We cover all of the upfront costs and only collect a fee if we win your case. If we don’t recover for you, you owe us nothing.

For more information on whether you or a loved one may have a product liability claim, please complete a Free Case Evaluation Form or call (877) 515-7955.

MAKING AN IMPACT

We are presently leading or have recently concluded these high-profile product liability lawsuits:

Edwards v. Tesla (Sup. Crt. Cal., Alameda Cnty.): On June 25, 2020, Cohen Milstein filed a product liability lawsuit against Tesla, Inc. on behalf of Kristian and Jason Edwards. Ms. Edwards sustained catastrophic injuries as a result of the failure of the airbags to deploy in her Tesla Model 3 during an accident. Litigation is ongoing.
Lindsay X-LITE Guardrails (State Crts: Tenn., S.C.): Cohen Milstein represented families of decedents and victims of catastrophic injuries in a series of individual products liability, wrongful death and catastrophic injury lawsuits in Tennessee and South Carolina state courts against the Lindsay Corporation and several related entities for designing, manufacturing, selling, and installing defective, X-Lite guardrails on state roadways. These cases generated substantial media coverage, including on NBC's TODAY Show, CBS This Morning, CBS Evening News, as well as their local syndicates. We successfully settled four of the lawsuits and litigation is ongoing in one of the cases.
Cole v. Ford (Cir. Crt., Jasper Cnty., Miss.): Cohen Milstein successfully represented the family of former New York Mets infielder Brian Cole who was killed when the Ford Explorer he was driving rolled over, ejecting him from the vehicle. The lawsuit charged that the seat belt in the Explorer was defective in that it failed to keep Mr. Cole in his seat. Following two hung juries, eleven of the 12 jury members, in the third trial, agreed on the verdict and found for the Cole family in the amount of $131 million.
Mincey v. Takata (Cir. Crt., Duval Cty., Fla.): 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. The discovery in our lawsuit ultimately 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 (D.N.J.): 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.
Quinlan v. Toyota Motor Corporation (S.D. Fla.): Cohen Milstein was lead counsel in a product liability case filed against Toyota, alleging that manufacturing defects in the defendant’s car caused the car being driven by the plaintiff to suddenly accelerate and go out of control, resulting in catastrophic injuries that left Quinlan a quadriplegic. The defendant entered into a confidential settlement.
Hauser v. Rice Insulation (Cir. Crt., Lee Cty., Fla.): Cohen Milstein represented the Hauser family in a product liability lawsuit alleging that Rice Insulation, an insulation contractor, installed foam insulation incorrectly in the plaintiff’s house, resulting in the house burning to the ground. The lawsuit included the contractor as well as the manufacturer for not providing sufficient warnings that the product might ignite under certain conditions. The matter was resolved confidentially.

If you or a loved one has been hurt by a consumer product, you may have a claim against the company that designed, manufactured, sold, distributed, leased, marketed, or furnished the product. Cohen Milstein’s Unsafe & Defective Products attorneys have extensive experience in defective product litigation and may be able to help you. If you would like us to review your potential product liability case or would like to inquire about our firm and services, please complete a Free Case Evaluation Form or call (877) 515-7955.

NATIONALLY RECOGNIZED

As a result of our decades of success, Cohen Milstein is recognized as one of the nation’s pre-eminent product defect and products liability law firms.

Legal 500 – “Leading Firm” in "Product Liability, Mass Tort and Class Action - Plaintiff" (2018 – 2021)
U.S. News & World Report, “Best Lawyers: Best Law Firms” – Product Liability Litigation, Mass Tort Litigation/Class Actions, and Personal Injury Litigation – Plaintiffs (2020 – 2022)
Chambers USA Guide to America’s Leading Lawyers – “Leading Firm” in Product Liability: Plaintiff – Nationwide (2021)

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FREQUENTLY ASKED QUESTIONS

What Is Product Liability?

Product liability deals with injuries resulting from the use of a product that is unsafe due to its design, the way it was manufactured, or the manner in which it was marketed. The following classifications represent the basic types of product liability:

Design Defects: These flaws stem from the faulty design of a product, which means that the actual blueprint for creating the product was unreasonably dangerous. For example, a toy that is easily broken into small parts, presenting a choking hazard.
Manufacturing Defects: These defects arise during the assembly of a product. The design was reasonably safe, but some error occurred during the manufacturing process. For example, if the product was manufactured using substandard materials.
Marketing Defects and Deficient Warnings: These injuries are not caused by any defect with the product itself. Instead, the manufacturer and/or seller failed to adequately warn you about risks associated with the product. For example, a toxic chemical product that does not contain adequate information and precautions on how to use it safely.

Who Is Liable for A Defective Product?

A person who becomes injured by an unsafe or defective product may have legal grounds to file suit against anyone in its chain of distribution. Depending on the circumstances and the nature of the defect, various parties could be held responsible under product liability law including the following:

Designer
Manufacturer
Parts manufacturer
Assembling manufacturer
Packaging company
Wholesaler
Retailer

How Long Do I Have to File a Product Liability Lawsuit?

Each state has laws governing the length of time you have to file a claim for products liability. This law is known as the statute of limitations.

In Florida, the statute of limitations for product liability claims is four years from the date of injury or two years if the victim died as a result of the product and you are looking to incorporate a wrongful death lawsuit with this case. These time frames often vary even more if the defendant is a governmental entity. These statements do not apply to all cases and it is best to speak with an attorney if you have specific questions about the statute of limitations or rules applying to your claim. The length of time may vary from state to state and product liability cases are usually litigated in the jurisdiction where the accident occurred.

What Damages Can You Claim for a Product Liability Case?

Your product liability claim should account for all of the damages you have sustained. This may include economic and non-economic losses:

Past medical expenses
Anticipated medical expenses for future treatment and rehabilitation
Loss of past income
Loss of future wages or reduced earnings capacity
Disfigurement and scarring
Property damage
Physical pain and suffering
Mental anguish

How Does My Attorney Get Paid?

We work on a contingency basis, so we don’t get paid unless you do. We cover all of the upfront costs and only collect a fee if we win your case. If we cannot get you a financial recovery, you owe us nothing.

What Should I Do if I Have Been Injured by an Unsafe or Defective Product?

If you are injured by an unsafe or defective product, make sure you have your facts in order by following the checklist:

Keep the product if you can safely keep it in your possession
Do not alter or fix the product
Immediately seek medical attention
Assemble any documentation you have related to the product including purchase records, technical information, owner’s manuals, and/or user instructions. Also, take photos of it
Arrange a free consultation with our Unsafe & Defective Products attorneys as soon as possible
Do not discuss the case with anyone other than your lawyer

If you or a loved one has been injured and you believe you may have a legal claim, please contact us at (877) 515-7955 or fill out a Free Case Evaluation Form.

Can a Florida Product Liability Lawyer Help Me if I Do Not Live in Florida or if the Incident Occurred in a Different State?

Absolutely. We litigate cases across the nation and will travel as necessary to conduct investigations, interviews, and assessments of the defective product. Cohen Milstein is a national law firm with the experience and resources required to handle product liability cases across the United States. In some instances, we may partner with local reputable law firms to handle certain aspects providing them with the additional resources and expertise to pursue a case to its fullest extent.

Is There a Website That Tracks Product Recalls?

Our U.S. Product Recall News Blog tracks product recalls across all industries. We also monitor the following regulatory agencies and product recall websites:

When safety issues regarding a product are brought to the CPSC, NHTSA or the FDA, these agencies will evaluate and track the issues. Depending on the product and scope of the problem, either a voluntary recall may be issued by the offending company or a mandatory recall will be issued by the governing agency. The agencies also work with the offending company on the most appropriate mitigation strategies, including corrective actions.

For more information on whether you or a loved one may have a product liability claim, please complete a Free Case Evaluation Form or call (877) 515-7955