Product Liability & Personal Injury Defense Litigation
Product liability, personal injury and property damage cases present unique challenges in that there are often complex technical issues involved with exposure to large damage awards if unsuccessful. Tomlinson, Rust, McKinstry & Grable attorneys have unparalleled experience in these complex – and often contentious – areas of law, and can represent your case successfully in state or federal court.
With our expertise representing both plaintiffs and defendants we can successfully protect the interests of companies and professionals accused of causing injuries.
Defending Defective Products Cases
Products manufacturers face the risk of claims that their product caused physical injury or damage to a person or property. They are forced to pay high insurance premiums to make or market their products, and those that self-insure face the added risk of indemnifying the damaged party in the event of litigation.
Tomlinson, Rust, McKinstry & Grable represents national companies that are self-insured or carry large retentions in product liability defense and will accept referrals from attorneys on meritorious cases for plaintiffs. Our expert litigation team represents clients in actions involving a wide array of industries and products, ranging from single issue matters to highly complex cases.
In addition, our knowledge of state-specific issues puts us at a distinct advantage for product liability cases tried in Oklahoma:
- Oklahoma law permits recovery for personal injury or property damages under theories of negligence and products liability.
- The plaintiff must prove a product was defective in design, manufacture or labeling (warnings) at the time it left the control of the defendant. Proof of defect requires that the product be “unreasonably dangerous” (i.e., more dangerous than contemplated by the ordinary user).
- Negligence of the plaintiff is not admissible in defense of a product liability case. The only defenses are “voluntary assumption of a known risk of injury” and “misuse”.
- Damage to the defective product is not recoverable in Oklahoma under products liability.
- Negligence of the plaintiff reduces the plaintiff’s recovery under a negligence cause of action, and if the plaintiff is more than 50 percent negligent, recovery is not permitted.
- Attorney fees are not recoverable on personal injury actions but may be on negligent injury to property causes of action.
- Prejudgment interest is recoverable from the time the lawsuit is filed if the plaintiff is the prevailing party.
Our attorneys possess an unparalleled blend of scientific, engineering and high-technology expertise and the extensive trial experience to get results. Let us help you successfully defend the claims made against you.
