Product Liability

Product liability cases involve lawsuits against manufacturers, distributors, suppliers, retailers, and sellers for designing, manufacturing, or selling dangerous and defective products. Cole and Hodges are willing to help clients in Alabama and across the United States take on these corporations or manufacturers that are more concerned about the bottom line and the company's profits than they are about the safety of the American public.

Kenny Cole tried a case that actually helped change the way the explosives industry in America made blasting caps. Cole's client suffered disfiguring injuries to his left hand when a "junk" blasting cap exploded. The client said the explosion was spontaneous, but the corporate manufacturer of the blasting cap claimed he was cutting it in two with a pair of pliers. Because none of the cap in question was recovered after the explosion, the physical evidence was gone and Cole had to prove his client's case with circumstantial evidence during a 10-day trial.

Cole proved that the blasting cap was designed with copper wiring and an explosive powder called lead azide. It had been removed from a wellbore after misfiring, so Cole argued it was exposed to moisture based on the Defendant's own reports of leaks during lab tests. Cole argued this process caused a chemical reaction in the cap that formed extremely unstable copper azide. The Defendant was forced to produce documents that showed that copper azide will explode when touched with a feather. In fact, Cole forced the manufacturer to admit that its documents showed both copper azide and lead azide could explode spontaneously. He also proved Defendant previously had been sued in similar cases on eight (8) occasions.

The jury found in favor of Cole's client and awarded compensatory damages of over $479,000. During trial, Defendant's design engineer admitted that 2 of the 5 makers of blasting caps in America had started making them without lead azide as a result of this lawsuit. He also admitted that he had begun the process of revamping Defendant's design of blasting caps to prevent the danger of leaking and to replace the copper wiring with nicrome. Cole asked the jury to award punitive damages to force Defendant to cease its use of lead azide, and the jury complied when it returned a verdict for $1 million in punitive damages.

Cases involving products liability can involve the following products:

  • Industrial equipment (like blasting caps, backhoes, tractors, bulldozers, etc.)
  • Power tools
  • Household appliances
  • Automobiles, trucks, and motorcycles
  • Medicines
  • Medical devices
  • Dangerous toxic chemicals
  • Car seat backs, tires, seat belts, air bags, and child safety seats (car seats)
  • All Terrain Vehicles
  • 3 wheelers
  • 4 wheelers
  • Yamaha Rhino ATVs
  • Children's toys and clothing
  • Automated door failures
  • Airplanes
  • Machines with "nip points" or "pinch points"
  • Cribs
  • Lawnmowers
  • Elevators/Escalators

Products liability cases are complicated, so it is important to hire attorneys who are knowledgeable and experienced. Cole and Hodges are willing to help.

If you or someone you know has been injured as a result of defective and dangerous products contact Cole and Hodges online or call us at (888) 539-3110 to set up a free consultation.