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Products Liability

Our Practice Areas

Practice Information

In addition to negligence, which is a failure to exercise reasonable care, product manufacturers and seller can be held at fault for product liability which involves a defective product that is unreasonably dangerous. There are a number of ways to prove that a product is defective and unreasonably dangerous. This often involves the retention and testimony of experts, but we have the experience to get things done.

A strapping young man, age 27, fit and muscular, steadily employed full time in a warehouse works a physical job, on his feet. His hobbies are lifting weights, which one look at him reveals, and playing on men’s sports teams.

That all comes to an abrupt and tragic end when one day at work the forklift that he’s operating malfunctions, trapping his leg against an I-beam, crushing his ankle and foot. In short, he has the worst injury possible, while still having something that can still be called a foot. His ankle is fused, it cannot bend. He is in constant lifelong pain. His friends let him come to the softball game, but instead of being the best player on the team as he was, he swings the bat and hops on one foot to first base. He experiences the humiliation of them substituting a pitch runner.

He can no longer work or even stand for any significant period. He has a profound limp. The machines manufacturer assigns its national defense counsel who claims that he has defended cases involving this kind of forklift in every state in the county and won every case (66 cases at the time.) Not this time.

Mr. Smith tried the case to a jury and won. But it doesn’t end there. The machine manufacturer appeals. Although, the jury verdict holding the product defective is upheld, the case comes back for a second trial. In the end the injured client receives a judgment in the excess of $1 million.

This is how it works, product manufacturers will pull out all the stops and hire lawyers who are specialists in defending even a simple type of machine, but that doesn’t matter, because Smith Law Firm has the experience to fight for its clients in this kind of case.


For more information about products liability and medical malpractice call the Smith Law Firm at (585)-685-7000.

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