Dangerously Defective Products
Dangerous and defective products liability is an area of personal injury that focuses on dangerous and defective products. Our firm represents people who have become seriously ill or injured, and the families of people who have died, as the result of dangerous, defective products.
- Machinery and tools
- Helicopters and aircraft
- Automobiles, trucks, and motorcycles
- Seat heaters
- Seat Belts
- Side Saddle Gas Tanks
- Toxic chemicals and substances such as pesticides, asbestos, and mold
- Household products and appliances
- Toys and recreational equipment
- Clothing and apparel
- Personal products, including tampons
Defective products can range from machinery and tools to hip implants, faulty airbags, and adulterated food. Air bags that fail to deploy, or explode when they deploy, spewing shrapnel throughout the cabin, cause injuries and deaths in accidents where serious injury should not occur. Our firm has prosecuted claims against a number of car manufacturers, including Ford and Toyota, for injuries and deaths caused by defective seat belts. We also successfully litigated and currently represent several paralyzed individuals who have suffered severe injuries from electronically heated automobile seats that generated dangerously high temperatures. Because of their paraplegia, our clients could not feel the extreme temperatures capable of producing third-degree burns.
Our knowledge of Oregon’s liability law provides our clients the assurance we know how to pursue personal injury cases and prevail. Our firm has held manufacturers accountable for the harm caused to our clients, securing compensation for them through the civil litigation process, and promoting safer products through recalls and design changes.
Tort Claims for Disabled Individuals
Disabled individuals are often at increased risk by a dangerous or defective product. Defective seat heaters are an example of how a defective product has severely impacted the lives of many who are disabled. Johnson Johnson Lucas & Middleton, under the direction of founding attorney Art Johnson, has represented over a dozen clients with sensory loss below the waist who have sustained severe burns from defective seat heaters. Often, by the time the driver realizes there is a problem with the seat heater skin has already been burned.
Johnson Johnson Lucas & Middleton attorney Art Johnson has prosecuted and is currently prosecuting cases against Daimler Chrysler and General Motors for compensation for individuals who have suffered such burns. The goal is not only to obtain fair compensation for the victims, but to cause the manufacturers to permanently remedy those defects and provide clear warnings of the danger to those who use their vehicles.
A few relevant past cases
Childhood DPT Vaccine: Massive Brain Injury
This product liability claim was against Connaught Laboratories Inc., a pharmaceutical manufacturer. We associated with a firm in the Midwest in prosecuting this complex claim involving brain injury to a young child.
A Norinco pistol imported into the United States from China fired when it was accidentally dropped, killing a young father. Our investigation revealed that the gun’s firing pin was too long. The case settled after we took depositions with the aid of a Chinese language interpreter.
Flammable Pajama Fabric
Our six-year-old client’s cotton flannel nightgown made by her grandmother caught fire. The fabric’s manufacturer claimed that the material met minimal federal standards, standards essentially written by the clothing industry. With a dramatic video, we showed just how weak these standards were, and the case settled out of court.
Shattered Graphite Arrow
While target shooting with his compound bow, an experienced bow hunter suffered permanent injury when an arrow exploded upon release. Hundreds of sharp graphite shards pierced his hand, cutting muscle tissue and severing nerves. The case settled in Federal Court mediation.
Costco Child Car Seat: Quadriplegia
A family was driving over a mountain pass, with their three-year-old child restrained in a “booster” seat type of child restraint. An oncoming car lost control in volcanic grit left by highway crews, crossed the centerline, and struck the family’s car nearly head-on. Despite being in the booster seat, the child suffered a severe spinal cord injury causing her to be permanently paralyzed. The adverse driver settled for her $2 million liability insurance policy limits. Working with another law firm, we then brought a claim against the child car seat manufacturer and retailer, which settled for a confidential amount.