complex tort litigation | Unsafe & Defective Products

Safety should never be compromised.

We seek justice for those who have been the victims of defective products at home, on the road, and in the workplace, taking on even the most powerful companies whose product design, manufacturing or marketing negligence cause harm, injury or death.

Overview

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 represent individuals and their family members who have been victims of defective products at home, on the road, and in the workplace. We have not only recovered significant verdicts and settlements for our clients, but we have also helped stop defective products from causing any further pain, suffering, and damage. 

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 have shied 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. 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
  • $18+ million in settlements recovered in restraint system defect cases
  • $10 million in settlements recovered in defective guardrail and roadway design cases
  • $10 million in settlements recovered in defective airbag cases
  • $9+ million recovered in tire tread separation cases
  • $4.15 million recovered in automotive unintended acceleration cases
  • $3.4 million recovered in post collision fuel fed fire cases
  • $1.4 million settlement against Ford Motor Co. for the defective truck roof design

*Prior results do not guarantee a similar outcome.

We are proud of the changes that our efforts have brought to the marketplace for consumers. 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, 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
  • 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 USE THE CONTACT US BOX BELOW.

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 USE THE CONTACT US BOX BELOW for a Free Case Evaluation 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.  Our attorneys are experienced litigators 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 USE THE CONTACT US BOX BELOW for a Free Case Evaluation or call (877) 515-7955.

Past Cases

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Mincey v. Takata

Mincey v. Takata (Cir. Crt., Duval Cnty., Fla.): Cohen Milstein was lead counsel in one of the first lawsuits brought against Takata for a defectively designed airbag which deployed so aggressively during a collision that it rendered our client a quadriplegic. The suit charged that Takata, the manufacturer of the airbag system, not only knew of the airbag defect but hid the defect from millions of consumers. After years of intensive discovery and in-depth work with renowned experts, on the eve of trial Cohen Milstein successfully reached a confidential settlement on behalf of our client. Further, our discovery efforts 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.

Caterpillar, Inc. Engine Products Liability Litigation

Caterpillar Product Liability Litigation (D.N.J.): Cohen Milstein was co-lead counsel in a nationwide product liability class action lawsuit alleging Caterpillar sold diesel engines with defective exhaust emissions system that resulted in power losses and shutdowns. The case was settled in September 2016 for $60 million.

Vivian Englund v. World Pawn Exchange, LLC

Vivian Englund v. World Pawn Exchange, LLC (Cir. Crt., Coos Cnty., Or.): Cohen Milstein successfully represented the estate of a Kirsten Englund in a wrongful death case of first impression in Oregon state court and nationally, addressing the legal liability for federally licensed firearms dealers involved in online straw sales. The landmark settlement (October 2018) establishes important legal precedent at the state and federal levels regarding gun dealer responsibility for online sales of firearms.