We represented a man in his early thirties who was severely injured while on vacation in Tennessee as he was dismounting a floating personal watercraft (“PWC”) owned by a friend. The man’s family lawyer referred him to Robert W. Kerpsack Co., L.P.A. We hired an aquatic safety consultant, who observed immediately that the PWC had been designed without a clear “drop zone.”

We filed suit against the foreign manufacturer and the American distributor of the PWC. In the lawsuit, we contended that the PWC was unsafe for its normal use, in violation of Tennessee’s and Ohio’s Products Liability Acts. Despite the safe redesign of its later PWC models, the manufacturer vigorously defended the man’s lawsuit. A confidential settlement was finally reached on the first day of trial.

What Is Product Liability?

Product liability is an area of law that deals with responsibility for products that cause injury or other damage to users. In a successful hazardous product case, one or more of the following types of defect must be proven:

  • Design defect. This is a defect in the intentional design of the product. This would apply in the cases of drugs that are dangerous when they are manufactured and prescribed as they were designed to be.
  • Manufacturing defect. This is a defect in the manufacturing process-something that is not intended to be a part of the product. If, for example, a harmful substance were introduced into a drug during manufacture.
  • Marketing defect. This is a defect in the patient instructions or other marketing information about the product. As an example, the drugs prescribed in combination as Phen-Fen were harmful primarily because they were prescribed and marketed in a dangerous and untested combination.

Defective and Hazardous Product Cases We Accept

Robert W. Kerpsack Co., L.P.A. tries the following types of product liability claims:

If you or someone you love has been in an accident involving a hazardous product, contact us Robert W. Kerpsack in Columbus, Ohio, to arrange a free consultation with our experienced legal team by calling (614) 766-2000. We’ll review your case, explain your options, and help you start getting back on your feet again.