complex tort litigation | unsafe & defective products

When Products Fail, Lives Can be Forever Changed

Consumers have a right to expect the products they purchase and use are reasonably safe. When manufacturers place dangerous products into the marketplace, the consequences can be devastating — catastrophic injury, permanent disability, financial hardship, and even death. 

Our national product liability attorneys represent individuals and families harmed by unsafe and defective products at home, on the road, and in the workplace. Our attorneys pursue claims against manufacturers, distributors, designers, and other responsible parties whose negligence in the design, manufacture, testing, marketing, or sale of a product caused preventable harm. 

For decades, our team of trial attorneys has taken on some of the world’s largest corporations, secured significant verdicts and settlements, and helped drive meaningful safety improvements that protect consumers and communities. 

Whether a defect involves a vehicle, industrial equipment, medical device, consumer product, or critical infrastructure, we have the experience, resources, and determination to pursue accountability and justice. 

What is a Product Liability Case?

Product liability cases arise when a product is unreasonably dangerous due to: 

• Defective Design  

A product may be inherently unsafe because it was designed without adequate consideration for foreseeable risks. 

• Manufacturing Defects 

Even a properly designed product can become dangerous if errors occur during the manufacturing process. 

• Failure to Warn or Inadequate Instructions 

Manufacturers have a duty to provide adequate warnings and instructions regarding known or foreseeable risks associated with their products. 

• Infrastructure and System Failures 

Liability can also arise when critical infrastructure, safety systems, or public works projects fail because of negligent design, construction, inspection, maintenance, or oversight.

Product Liability Cases We Handle 

Cohen Milstein handles a range of defective product cases across many industries, including claims involving: 

• Automotive and Vehicle Components: Seat belts, airbags, tires, roof crush, engines, transmissions, 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 

• Food and Beverage: Food and food supplements, animal food, water purification, and other beverage products 

Our Approach 

Many of the cases we handle involve cutting-edge legal issues, highly technical evidence, and defendants with substantial resources. While every case is unique, the stakes are consistently high. Success requires meticulous attention to detail, a deep understanding of complex industries and products, and an unwavering commitment to our clients’ needs and concerns. 

We are deliberate in the cases we accept. Typically, we represent groups of individuals and families in class or mass actions – people who have suffered catastrophic or permanent injuries, or who have lost a loved one, because of a defective or unreasonably dangerous product. These cases often involve allegations that a product was defectively designed, improperly manufactured, inadequately tested, incorrectly installed, or marketed without sufficient warnings. 

Product liability litigation demands expertise beyond the bounds of ordinary legal practice. The investigation and prosecution of these claims frequently require extensive discovery, sophisticated scientific and engineering analysis, and collaboration with leading experts. These cases are complex, expensive, and time-consuming, which is why we devote significant resources to thoroughly evaluating, researching, and investigating every claim before moving forward. 

Our reputation for handling complex product liability matters has been built on a deep understanding of product design, manufacturing processes, industry standards, regulatory requirements, patents, labeling practices, and consumer safety obligations. We combine that knowledge with skilled advocacy to pursue accountability on behalf of those who have been harmed. 

Most importantly, we recognize that our clients are often facing some of the most difficult circumstances of their lives. We provide candid advice, clear communication, and dedicated representation throughout the legal process, ensuring clients understand their options and remain informed at every stage of their case.

Representative Results 

Our attorneys have recovered substantial verdicts and settlements for individuals, families, and businesses harmed by defective products and dangerous conduct. 

• $131 million jury verdict in a defective seatbelt case against Ford Motor Company
• $60 million settlement involving Caterpillar diesel engines with defective emissions systems
• More than $18 million recovered in restraint-system defect cases
• $15 million recovered in defective guardrail and roadway design cases
• $10 million recovered in defective airbag cases
• More than $9 million recovered in tire tread separation cases 

Prior results do not guarantee a similar outcome. 

Representative Cases 

Caterpillar Diesel Engine Litigation

Our attorneys played a leading role in a nationwide class action involving Caterpillar C13 and C15 diesel engines. The litigation alleged that defects in the emissions system caused repeated engine shutdowns and loss of power, disrupting transportation and trucking operations across the country. 

The case resulted in a $60 million settlement benefiting businesses nationwide, many of them family-owned enterprises that depended on the reliable operation of their fleets. 

Lumber Liquidators Chinese-Manufactured Flooring Product Liability Litigation 

We served as co-lead counsel in litigation alleging that Lumber Liquidators misrepresented certain Chinese-made laminate flooring as meeting California formaldehyde emissions standards, exposing consumers to products that may have contained unsafe levels of the chemical. 

Our work helped secure a $36 million settlement for affected customers and prompted greater scrutiny of product-testing and disclosure practices in the flooring industry. 

Advocates for the Seriously Injured

Our team includes former civil defense attorneys, former prosecutors, and former judicial clerks who bring diverse perspectives to every case. We work alongside leading experts, including: 

• Engineers
• Accident reconstruction specialists
• Physicians and medical experts
• Economists
• Product safety specialists
• Toxicologists and scientists 

Complex product cases often require extensive investigation, technical analysis, and aggressive discovery. We have the resources and experience necessary to uncover critical evidence and build compelling cases against powerful defendants. 

We represent clients in state and federal courts throughout the country and are prepared to take cases through trial whenever necessary.

Trial Tested. Trial Ready.

We are trial lawyers first.

While many cases resolve through settlement, successful outcomes often require demonstrating a willingness and ability to go to trial. Our attorneys prepare every case as though it may ultimately be decided by a jury. 

Complex cases frequently involve: 

• Extensive investigation into the mechanics and causes of injury
• Review of corporate records and internal communications
• Analysis of regulatory compliance and industry standards
• Identification of concealed defects or misconduct
• Collaboration with nationally recognized experts
• Development of compelling case narratives that help judges and juries understand both the technical and human consequences of a defendant’s conduct
• Our work has exposed dangerous practices, uncovered hidden defects, and prompted meaningful safety changes that extend far beyond the cases we handle.

Fighting for Accountability. Protecting the Public.

Our product liability practice is grounded in a simple principle: companies that place dangerous products into the stream of commerce should be held accountable when people are harmed. 

By pursuing these cases, we seek compensation for injured individuals while helping make products, workplaces, roads, and communities safer for everyone.

Contingency Fee Representation

We believe access to justice should not depend on a person’s financial resources. That is why we handle product liability cases on a contingency fee basis. 

• No upfront legal fees
• No out-of-pocket litigation costs
• No attorney fees unless we recover compensation for you.

We advance the costs necessary to investigate and litigate your case, including expert fees and other case expenses. If we do not obtain a recovery on your behalf, you owe us nothing. 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 USE THE CONTACT US BOX BELOW.

Co-Counsel Opportunities for Attorneys

We regularly partner with solo practitioners and law firms nationwide in complex product liability and catastrophic injury litigation. 

Whether a case requires substantial discovery, expert development, trial support, or national litigation resources, we offer strategic partnerships designed to maximize results for clients while preserving trusted attorney relationships. 

Contact our team to discuss co-counsel opportunities and referral arrangements.