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Defective or Dangerous Products include:

• Children’s Toys & Apparel
• Household Products
• Automotive Products
• Medical Devices & Drugs
• Machinery & Equipment
• Recreational Products

At home, at work, and on the job, we rely on hundreds of products to help accomplish tasks and provide entertainment. We rarely stop to think that a product may be defective and unsafe. Unfortunately, that is too often the case. If you or a member of your family suffered an injury caused by a manufacturing or design defect, you may be entitled to compensation through a products liability lawsuit.

At Coker, Schickel, Sorenson & Posgay, our attorneys have extensive experience in pursuing claims on behalf of clients injured by dangerous and defective products. Our attorneys’ and support staffs’ skill, professionalism and access to scientific experts, are responsible for our three decades of success in recovering large and appropriate recoveries for clients.

The manufacturer and distributor of any type of product is responsible for any injury caused by a defect, including a design defect, manufacturing defect, marketing defect, failure to warn or failure to provide an appropriate guard. Our firm is prepared to handle claims involving a broad range of defective products, including defective clothing, flammable fabrics, firearms, recreation products, mechanical products, food, agricultural products and dangerous chemicals leading to toxic torts claims.

A manufacturer or seller of a defective product may be liable to a person injured by that defect. This branch of personal injury law is called “products liability.” There are a number of possible legal claims related to injury from a defective product. These include negligence, breach of warranty, and strict liability. In each of these claims, there are certain factors that must be present in order for the claim to be valid. These factors are:

• The defendant manufactured or sold the product.
• The product was defective and/or did not function properly.
• The defective product caused damage to a person or property.
• The defect existed at the time the product left the hands of the manufacturer or seller.

The basic premise of the strict product liability doctrine is that a manufacturer or distributor of a product is responsible for injuries caused by defects in that product. Courts have held that there are three separate types of defects:

• Design defects
• Manufacturing defects
• Defects in warnings or instructions

If an injured victim can establish that such a defect was a proximate cause of the injury suffered, then the manufacturer or distributor will be held liable to compensate the victim for his or her damages. In order to recover for an injury caused by a defective product the victim must have been using the product for its intended or foreseeable use. In other words, typically, if the product is being used in a manner contrary to the manufacturer’s warnings and instructions when the injury occurs, then the manufacturer will have a defense to a strict product liability claim.

Coker, Schickel, Sorenson & Posgay attorneys have successfully handled numerous cases involving defective consumer products, household products, automotive products, medical devices and drugs, machinery and equipment and recreational products.

Product liability suits are typically complex and expensive because the manufacturer defendants are typically large corporations with enormous resources. Taking on a large manufacturer in court is no simple task. Products liability cases are expensive and often require specialized, technical expertise. Our attorneys work with nationally recognized experts across a wide range of fields in order to build our clients’ cases. We retain teams of experts in a variety of disciplines such as product design safety, materials and failure analysis, accident reconstruction, metallurgy, and human factors. These experts are able to locate and identify defective design features and manufacturing flaws that caused injury under conditions of foreseeable use, as well as safer alternative design and manufacturing methods.

To be successful against the complexities of a product liability suit brought against large and resourceful defendants, you need a team of passionate, dedicated and experienced trial attorneys like the ones at Coker, Schickel, Sorenson & Posgay.

Children’s Toys & Apparel

In the past few years, there seems to have been an epidemic of lead-infested toys being imported from China. Defective products are a major cause of injuries among children. According to the U.S. Consumer Product Safety Commission’s report of Toy-Related Deaths and Injuries in Calendar Year 2006, there were 220,500 toy-related injuries treated in U.S. hospital emergency rooms and 22 toy-related deaths among children under the age of 15.

When a children’s product is found to be defective and it causes serious injuries, the manufacturer can be held liable. Parents need to be careful when choosing a toy for their child by making sure it is age appropriate and in good condition. However, even if reasonable safety precautions are taken, it is impossible to anticipate problems that may arise when a toy is defective. There are toys recalled almost weekly and some of these items pose significant risks to children, such as choking hazards, risks of burns, suffocation hazards and other dangers. Parents and caregivers can stay updated on the latest recalled toys by signing up to receive emails from the U.S. Consumer Product Safety Commission (www.cpsc.gov). It is important to note that many toy-related injuries occur before a product is recalled.

In addition to toys, other children’s products can also pose safety hazards, including clothing and costumers, cribs, bassinets, clothing and outdoor playgrounds. Many factors can lead to a defective product. Design flaws can make a product dangerous, which means that all of the products coming off the assembly line will contain the same defect. A product that was manufactured improperly can also pose a danger to consumers. If a product is marketed incorrectly or the labeling is incorrect, it can lead to a defective product that may cause serious injuries to children.

Safety testing by manufacturers is often inadequate or even non-existent. Even worse, once tragedy strikes neither the manufacturing industry nor the government acts as swiftly and urgently as they should in order to warn the public or recall and remedy these dangerous products. Many infants and children are allowed to die or suffer serious physical injury before necessary action is taken to prevent other children and families from suffering the same catastrophe.

Too often manufacturers stop making or finally decide to modify their defective products, when it is already too late, after children have been badly injured or killed. Manufacturers often fail to make a timely recall of the defective products already in the hands of unknowing families. Even when they do attempt to recall products, manufacturers may fail to conduct adequate informational campaigns to warn parents of the hidden dangers in the products being used by their children. Parents, therefore, continue to use or acquire the dangerous items at thrift stores, second-hand stores, at garage sales or as hand-me-downs, often resulting in catastrophic consequences.

If you or your child has been injured by a defective product, you may be entitled to compensation. Coker, Schickel, Sorenson & Posgay has successful handled numerous cases of injury stemming from a child’s toy or item of apparel. Our attorneys have the experience and resources to thoroughly investigate claims of this type, engage experts to help prove your case and take the case to court to fight for your right to fair compensation for this type of injury

Household Products

Products made for use in and around the house can be dangerous to adults and children. Consumers need to be protected from these dangerous and defective products. A defect can turn a household item that appears safe into a dangerous product that can cause serious injuries.

Coker, Schickel, Sorenson & Posgay attorneys recognize consumers need to be protected from these dangers. Household items that appear safe can be defective and cause serious injuries. We have brought dangerous products to the attention of the manufacturer in our cases, resulting in the removal of these products from the market or changes in the labeling and instructions that accompany the products. Our firm has successfully obtained compensation for individuals and families injured by dangerous and defective household products.

There are many things protecting us from defective products: state and federal regulations, company testing, and good old common sense. However, more often than we'd like to see, defective products enter our home and injure someone we love. At this law firm, we can provide the last defense against defective products with product liability cases that keep companies on their toes and ensure that safety laws are upheld. Even more than that, cases of this nature helps to ensure that no other person will be injured or killed by the product in question.

For more information on keeping up to date about the defective product recalls in your area, visit the United States Consumer Product Safety Commission (CPSC).

If you or your child has been injured by a defective product, you may be entitled to compensation. Coker, Schickel, Sorenson & Posgay has successfully handled numerous cases of injury stemming from a child’s toy, infant product or item of apparel. Our attorneys have the experience and resources to thoroughly investigate claims of this type, engage experts to help prove your case and take the case to court to fight for your right to fair compensation for this type of injury.

Automotive Products

In order to recover full compensation in cases involving serious or fatal car accidents, our attorneys work to identify all factors involved. One question our legal team always investigates is "Did a motor vehicle defect cause the crash?" Attorneys at Coker, Schickel, Sorenson & Posgay work with an Accident Reconstructionist and other scientific experts to identify those cases, and recover compensation for our clients through product liability claims. If you suspect a manufacturing or design defect caused your auto accident and serious injury, it is important to research and contact a law firm that has successfully handled this type of specialized claim.

Our attorneys have handled a broad range of claims involving defective automotive products and equipment. We sometimes discover, as we prepare a case, that a car accident injury apparently caused by weather or driver error actually was the result of a defective tire or poor design. Examples of motor vehicle defects that have caused injury and wrongful death include the following:

• Defective tires, leading to tread separations, blowouts and loss of control
• Manufacturing defects in seat belts, head restraints and air bags, leading to seat belt failure, seat back failure or spontaneous deployment of an air bag, resulting in neck and back injuries
• Design defects resulting in poor crashworthiness
• Instability leading to SUV rollover accidents, causing death, brain injury or spinal cord injury
• Negligent maintenance leading to brake failure or failure of the steering system
• Car seat heater burn injuries

At Coker, Schickel, Sorenson & Posgay, over 30 years of investigating and litigating auto accident cases has taught us that auto defects often cause accidents or make the injuries far worse than they should have been. Serious injury cases require substantial financial resources. When auto manufacturers sell defective cars, usually with full knowledge of those auto defects, they should be held accountable for the injuries they caused. Our lawyers and experts look beyond obvious car accident causes in order to receive full compensation for our clients.

Auto defects have the capacity to turn a minor incident into a catastrophic accident. A sharp turn or sideswipe should not cause a dangerous rollover accident, but in a vehicle designed with a high center of gravity, that is likely to happen. When a car lands on its roof, the roof should be strong enough to protect occupants belted into their seats. A key question we ask in the aftermath of a serious automobile crash is, “Was the car designed for crashworthiness?” Most experts agree that a car's doors should be able to withstand a T-bone crash, and protect the occupants. A car should have sufficient fire protection so that a rear-end collision does not cause a deadly explosion. Seat belts should not unlatch or spool out during a crash. Air bags should properly deploy. Restraint systems should protect drivers and passengers. The tires on a car should be able to withstand predictable driving circumstances.

Defective and dangerous automotive product situations that are the cause of an injury or the extent of injuries include:

• SUV rollovers
• Fuel system fires
• Inadequate crashworthiness
• Truck rollovers
• Door latch failures
• Occupant restraint system failures
• Post-collision fires
• Roof crush & roof pillar defects
• Tire blowouts & de-treading
• Structural & component failures
• Defective air bags
• Ejection injuries from seatbelt failure
• Seat back failure in rear end collisions
• Defective brakes
• Motorcycle design defects

If you or a family member has been injured in an automotive accident that was caused by a dangerous or defective automotive product, you may have a claim of liability against the manufacturer. If a defective automotive product directly contributed to the severity of your injuries in a vehicle accident, you may also be entitled to compensation. For over 30 years, Coker, Schickel, Sorenson & Posgay has successfully handled numerous cases of injury stemming from automotive products. Our attorneys have the experience and resources to thoroughly investigate this type of complex claim, engage experts to investigate and help prove your case and take the case to trial to obtain fair compensation for you.

Medical Devices & Drugs

Patients taking pharmaceutical medications expect to see improvement in their health, not deterioration. If a personal injury or wrongful death occurs, the victim has the right to pursue compensation for medical expenses, rehabilitation costs, physical and emotional trauma, and other losses.

Medical complications and other drug-related injuries could be caused by improper prescription or administration by doctors and pharmacists. A doctor or pharmacist's failure to warn patients about grave side effects and severe drug interactions may result in serious injury, such as liver failure, birth defect, increased risk of heart attack, muscle damage, heart valve failure, blood clots, and stroke.

A serious threat to public safety is the availability of dangerous prescription drugs. Drug companies, in their rush to market, sometimes withhold or misrepresent important safety information before, during, and after clinical trials and the Food and Drug Administration (FDA) approval process or other licensing procedures. The attorneys at Coker, Schickel, Sorenson & Posgay possess the knowledge, skills, and resources to successfully handle lawsuits involving pharmaceutical defects. We believe that our work on behalf of clients provides a clear message to the government and to drug manufacturers that they have a grave responsibility to the public when approving or marketing dangerous prescription drugs.

What drugs and devices are dangerous?

A medication can be dangerous because of improper labeling or insufficient warnings. Another might, when used exactly as intended by the manufacturer, cause a serious or fatal injury. Although the U.S. Supreme Court has recently limited the rights of some victims of med devices to recover for their injuries, a failure to meet FDA requirements may still leave manufactures exposed when their products cause injury. A medical device may have a design or manufacturing defect, or it may have been negligently maintained by a distributor. Dangerous drugs and devices include the following:

• Painkillers and arthritis drugs such as Vioxx, Bextra and Celebrex have been linked to heart attacks, strokes and skin disease.
• Psychological drugs such as Zyprexa have been linked to potentially harmful side effects, including diabetes and suicidal thoughts.
• The acne treatment Accutane has been shown to cause birth defects when taken by pregnant women, and depression and suicide in adolescents.
• Diet drugs and dietary supplements, including Fen-phen and Ephedra have caused damaged heart valves, lung disease, high blood pressure and other heart problems.
• The cholesterol-lowering drug Baycol has caused severe muscle reactions and kidney damage.
• Defective morphine pumps have delivered fatal overdoses.

The attorneys of Coker, Schickel, Sorenson & Posgay represent victims of dangerous drugs and defective medical devices. Do you suspect a dangerous drug caused the wrongful death of your loved one, or a defective medical device caused your injury? Are you having trouble getting a straight answer from a member of the pharmaceutical industry or the medical profession? Our lawyers work with scientific and medical experts to determine exactly what caused a patient's death or injury. If injury or death was caused by a defective or dangerous medical product, our firm will fight to get you the compensation you need and deserve.

Machinery & Equipment

Like most construction or industrial tools, a bulldozer, power saw and drill press allow workers to accomplish tasks impossible with bare hands. That multiplication of force, when misdirected by a defective machine or poorly designed tool, is extremely dangerous. The manufacturer or distributor of defective machinery or an unsafe tool is responsible for any injury or wrongful death resulting from use of the product.

The workplace can be dangerous — especially when workers are using dangerous and defective machines and tools. The injuries may be dismissed as operator error. Accidents may be seen as inevitable. The attorneys of Coker, Schickel, Sorenson & Posgay have investigated many workplace accidents. We know that defective machines and unsafe tools are frequently to blame for serious injuries and wrongful death.

Our legal teams are well informed about the regulations and standards that are expected and required for industrial machines and tools. We work with OSHA and others to keep up the pressure for safe workplaces. When a defective machine or tool injures a worker, we are there to hold the manufacturer accountable for the injuries. When we investigate an accident involving defective machines, we look at the whole design/manufacturing chain to determine how and when the defect occurred and who was responsible. When a crane collapses or a nail gun malfunctions, we want to know. We identify the product, get an exemplar copy and engage experts to review the design drawing, the manufacturing specs, and the manufacturing process and have it reviewed by experts, so we know what happened and why.

At Coker, Schickel, Sorenson & Posgay our attorneys work closely with scientific experts and accident reconstructionists to determine exactly what caused our clients' injuries. If the problem was a defective machine, our lawyers help clients recover maximum compensation for their losses through product liability claims. If someone you care about suffered an injury while using a tool or machine, and you suspect defective equipment caused the accident, please contact our office to arrange a free consultation and case review.

Attorneys at our firm are prepared to handle product liability cases involving a wide range of household and industrial tools and machinery, including:

• Construction equipment, including heavy machinery such as front-end loaders and bulldozers, scaffolding and ladders, power tools, hammers and saws, air compressors and nail guns
• Industrial machinery, including drill presses, conveyor belts, forklifts, work platforms, hoists, pallet jacks, hydraulic lifts and warehouse racking
• Household tools, gas heaters, appliances, lawnmowers, landscape equipment

Dangerous and defective machines at home and at work cause serious accidents that result in catastrophic injuries and wrongful death. If you have been injured because of a defect in a machine's design, manufacturing or marketing, you have a right to recover financial compensation for the damages you have suffered. An attorney at Coker, Schickel, Sorenson & Posgay will assess your claim and investigate the cause and extent of your injuries. Our legal team will pursue compensation for your medical expenses, pain and suffering, disfigurement, rehabilitative care, lost wages or income, and more. We also represent the survivors of those who were killed by a defective machine.

Coker, Schickel, Sorenson & Posgay has over 30 years of experience in handling defective and dangerous products cases — and absolute dedication to protecting the rights of injured people.

Recreational Products

Recreational product defects cause injuries that were avoidable. Manufacturers must ensure that their product is safe for the customer who purchases it. This is especially true when the item is used for sports and recreational activities. Participation in a recreational sporting activity always involves some degree of risk (falling off a bike, being tackled in a football game, etc.), therefore the products used during such activities need to be especially safe in order to reduce the risk of any other unnecessary injuries. The risk of serious injury from a fall is a common reason why many items such as bicycles and climbing equipment are often recalled.

Monkey bars are a good example of this issue. Design and installation of monkey bars are carefully regulated. The height of the bars and the ground materials, the thickness of the sand pit and rubber padding should all meet specific, well-defined standards. All playground equipment should be designed and installed to prevent serious injuries.

Bicycles, tricycles, go-carts and other riding toys should be designed with safety in mind. Go-cart seats should not slide out, for example, and the carts should have roll bars. When a bike injury or a go-cart accident injury is caused by a product defect, the accident deserves the attention of an experienced personal injury firm who knows how to investigate the accident with attention to product defects.

Dangerous and defective recreation products may result in catastrophic injuries and wrongful death. If you have been injured because of a defect in a recreational product’s design, manufacturing or marketing, you have a right to recover financial compensation for the damages you have suffered. Coker, Schickel, Sorenson & Posgay will assess your claim and investigate the cause and extent of your injuries. Our legal team will pursue compensation for your medical expenses, pain and suffering, disfigurement, rehabilitative care, lost wages or income, and more. We also represent the survivors of those who died from injuries caused by a defective recreational product.

If injury or death was caused by a defective or dangerous recreational product, Coker, Schickel, Sorenson & Posgay will fight to get you the compensation you need and deserve.

To view representative Defective and Dangerous Products Injury cases our firm has handled, please click here.