Mallory and Friedman PLLC - Product Liability

Our extensive product liability experience includes cases involving chemical exposure, ladders, chain saws, bucket trucks and lifts, other motor vehicles and construction equipment, medical devices, home appliances, flammable fabrics and hand tools.

If you or a family member has been seriously injured because of a defective or malfunctioning product, or because the instructions or warnings provided with the product were inadequate or non-existent, please contact us by phone or e-mail. With the assistance of experts whom we call upon to assist us, we will evaluate whether the case can be proved through necessary scientific evidence and tell you promptly whether we will accept the case. That can take as little as a day or as long as a month, depending on the nature and complexity of the scientific issues.

Once your case has been accepted, we will offer you the choice of paying fees on an hourly basis, or an a contingent basis—in which case we would represent you without charge, unless the case results in a recovery. Our fee would then be one third of the amount of the verdict or settlement, plus expenses. We provide a written fee agreement that spells out our responsibilities and yours.

We communicate with our clients at every step of the litigation process. If the case is clear-cut, we might advise presenting a pre-suit settlement demand package to the defendant or its insurer. Or we might advise immediately filing suit. At any time the defendant makes an offer, we will communicate that to you with our recommendation—accept, reject or make a counter-demand. But the ultimate decision is yours. If you choose not to settle, we will devote our full energy and passion to winning your case at trial.

Settlement is frequently in the client’s best interest. We have negotiated settlements in more than a thousand cases. We know how best to position a case for the most favorable settlement possible, and when to utilize alternative dispute mechanisms such as arbitration and mediation.

If the case does not settle, we will employ all appropriate discovery devices to determine if the product in question has injured others, been the subject of recalls or has been altered in design or manufacture since the accident. In consultation with you, we will retain experts with experience in the necessary scientific field, who will meet our burden of proving that a product defect—in design or manufacture—caused the injury. And we will retain the necessary medical, vocational, and economic witnesses who will prove the full extent of your injuries and damages in order to obtain full and fair compensation for those losses.