We recognize that products made for use in and around the house by adults and children can be dangerous or defective and that 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 many of our cases resulting in the removal of these products from the market or changes in the labeling and instructions which accompany the products. Some of our recent cases have covered the following household items:
Hersh & Hersh has successfully represented plaintiffs who have been injured as a result of the defective and dangerous design of aluminum extension ladders which slip out while being used around the home. These clients sustained disabling and painful injuries including heel fractures and ruptured discs. Hersh & Hersh argued that the ladders were defectively designed and that a proper design would have prevented the slip and resulting fall. These cases have been settled for substantial amounts prior to trial or have resulted in large jury verdicts after trial.
Hersh and Hersh represented a five year old boy who suffered third degree burns to over 45% of his body when a t-shirt he was wearing caught fire and the flames could not be extinguished. The t-shirt was designed to change colors when exposed to different temperatures and was manufactured and marketed to be worn by children. Hersh & Hersh learned during discovery that the special dying process used in making the shirt which caused the shirt to change colors made the shirt much more flammable than a normal cotton t-shirt and that the dying process made the shirt dangerously flammable when used in children's apparel. Hersh & Hersh demonstrated that the t-shirt was defectively designed and manufactured and that alternative non-flammable fabrics were available which could have prevented the boy's terrible injuries. The case settled for a substantial amount prior to trial.
Consumers often sustain injuries using household items such as utility knives and box cutters. Hersh & Hersh has successfully demonstrated that injuries sustained while using these products are due to defects in the design and manufacture of the products and not due to the fault of the user. Hersh & Hersh believes that manufacturers should be responsible for injuries sustained by consumers who are injured using these products. Hersh & Hersh represented a 45 year old house painter who was permanently injured when the plastic housing of a utility knife came apart as he was using the knife to cut open a plastic paint bucket. The housing of the knife was held together by a rubber cap. The cap came off and the blade of the utility knife sliced through the painter's left wrist and cut the median nerve. He required surgery and suffers from nerve damage and permanent loss of function and strength of his left hand. Hersh & Hersh showed that holding the housing together with screws instead of a plastic cap was an easy alternative design which, if used by the manufacturer, would have prevented the injury to the plaintiff. The case settled just prior to trial.
If you or a loved one has been seriously injured by a dangerous or defective household product, please contact us.