The products liability practice routinely encompasses regionally and nationally based clients and the defense of their product liability claims throughout California. Skane Wilcox defends products liability matters presenting theories of strict liability, negligence, express warranty, implied warranty and warranties of fitness for intended purpose and merchantability. Products involved in past and present litigation have included adhesives, floor fill manufacturers, electrical components, windows, mountain bikes, motocross bikes, alarm devices, construction tools and equipment, skateboards, pogo sticks and exercise equipment.
Some Results from our Attorneys
*** In a products liability action involving allegedly faulty plumbing fittings, our attorneys defended one of the product-wholesalers in Nevada’s largest class-action lawsuit in history. The class-plaintiffs, numerous Nevada homeowners, alleged the defective plumbing fittings were of an improper metal that would prematurely fail through corrosion, causing damage to their homes. The manufacturer filed a third-party complaint against the developers and other parties. Through discovery, our attorneys determined the client was not significantly involved in the stream of commerce of the product, thus limiting any possible liability. We conducted discussions with the product’s manufacturer, and arrived at an extremely favorable settlement for the client, thus removing the client from any further exposure through the settlement between the manufacturer and plaintiffs.
*** Skane Wilcox regularly represents a large appliance manufacturer. In a construction defect case wherein we represented this manufacturer, the plaintiffs claimed property damage due to an allegedly defective washer. The plaintiffs claimed there was a defect in the front-load washer which caused water to damage their property in the thousands of dollars. We were able to prove there was no defect, but an installation error as well as prove to the plaintiffs their damages were limited to nuisance value. The plaintiffs agreed to dismiss our client for a waiver of costs.
*** Our attorneys represented a bicycle manufacturer whose component part was alleged to have broken when a foreign object became lodged in the spokes of the bicycle wheel, causing permanent injury to the rider and loss of past and future wages. We were able to show that plaintiff had pre-existing injuries and to cast doubt on the plaintiff's theory regarding how the accident occurred. This allowed us to settle the case for our client for approximately $100,000 (with only $40,000 being paid by our client) even though a plaintiff in a similar case, with no loss of wage claims, had recently been awarded $720,000 by a California jury.