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
Defective Bee Pesticide
In this case, we represented two apiarists (bee-keepers) against the manufacturer of a chemical miticide. The miticide was supposed to kill mites, which infect honeybees. Instead, it killed over half our clients’ bees, destroying their business.
Family Restaurant: Appliance Accident
A young girl, the daughter of a Middle Eastern family who owned and ran a local restaurant, lost her hand when it was caught in a defectively designed meat-grinder. In addition to her physical injury, the young girl faced the cultural trauma of being “marked” as a thief because of the loss of her hand. The prosecution of the claim promoted safer designs, and we obtained an award that took into account the child’s unique emotional injury.
Fatal Prescription Drug
A 45-year old woman with no history of heart disease died unexpectedly of cardiac arrhythmia. Her physician had prescribed a combination of medications for her. The Medical Examiner determined that the cause of her death was a toxic buildup of one of those medications. We won a jury verdict in the wrongful death case tried in Lane County Circuit Court.