Product Defect Case Results

Propane Explosion - $52 Million Jury Verdict

On January 20, 1996, at approximately 6:30 a.m., an explosion and fire occurred at the temporary residence of a Nevada family. In the explosion, the family's daughter, aged 4, was killed. Her parents and her 5-year-old brother were badly burned. Walkup's fire and explosion wrongful death litigators proved the fire and explosion were the result of a liquid petroleum gas leak when the father attempted to light a furnace, which had gone out during the night. The subsequent fireball entrapped all four victims and completely destroyed the 8 x 30 foot travel trailer the family was using as a residence. After three difficult years of litigation, the case proceeded to trial where the jury returned a unanimous verdict.

Defective Car Seat Belt - $5,769,000 Jury Verdict

Our wrongful death trial lawyers obtained a jury verdict against Honda Motor Corporation on behalf of the surviving wife and two children of a 43-year-old man who was killed when his seat belt failed to properly restrain him in a low-speed accident. The collision, which produced only minor damage to his vehicle, nonetheless resulted in fatal injuries when his seat belt fractured his ribs, punctured a lung and lacerated his spleen. The other driver in the accident was not hurt. Using experts in the field of car engineering and design, forensic economists, and medical experts, our wrongful death trial lawyers showed that the design of the car was faulty and caused the wrongful death. The verdict followed a three-week trial, and at the time, was one of the largest in California for an automobile seat belt defect. The recovery included compensation to the heirs for the loss of the love, care and society of the decedent as well as a sum to compensate them for his lost future earnings.

Defective Heart Stent - Confidential Settlement

Our attorneys represented the surviving wife and children of a man who died after undergoing heart catheterization using a recently invented stent. The stent caused a massive blood clot, which resulted in a fatal myocardial infarction. Our medical device team was able to find experts in the field who showed that the manufacturer's pre-market investigation and testing were inadequate and that the instructions given to operating surgeons regarding the use of blood-thinning medications in association with the device were not strong enough to adequately educate prescribing physicians.

Mismatched Car and Trailer - $5.25 Million Settlement

Our product liability lawyers negotiated a cash and annuity settlement having a present value of $5,250,000 on behalf of the surviving widow and two minor children of a 42-year-old fire captain who was killed when his SUV rolled over on Highway 50 while pulling an "ultralight" travel trailer. Plaintiffs claimed that the defendant's motor home retailer inappropriately sold the family a trailer that was too large to be safely pulled by their small SUV. Plaintiffs also claimed that the retailer failed to advise them that if the travel trailer were loaded to its maximum capacity (as specified by the trailer manufacturer) the trailer would weigh 1,400 pounds more than the maximum weight recommended by the SUV manufacturer. While traveling on Highway 50, passing a semi-truck, the trailer was hit by a gust of wind causing it to fishtail, go out of control and roll over, pulling the towing SUV with it. Defendants claimed that had the decedent read the owner's manual for his vehicle and the trailer he would have observed warnings in both manuals regarding overloading, and, by weighing the vehicles, he could have avoided the situation which led to his death. The settlement was reached after three mediations.

Private Plane Crash - $3 Million Settlement

Our aviation litigators obtained a $3,000,000 settlement on behalf of the widow and two surviving children of a 45-year-old missionary who died in a plane crash in Mexico. While traveling on a missionary relief effort, the cam shaft gear broke in the plane that the decedent was piloting. The Walkup wrongful death litigators successfully brought a wrongful death claim against the manufacturers of the engine, demonstrating that the engine contained both design and manufacturing flaws.

Defective Hot Tub - $2.5 Million Settlement

Our attorneys negotiated a settlement on behalf of the parents of a 4-year-old girl who was burned over 80 percent of her body while bathing in the family hot tub. Our attorneys demonstrated that the manufacturer of the hot tub had installed a defective thermostat, permitting the water to become unreasonably hot. The child survived for 61 days following the incident. The settlement was paid by the manufacturer of the hot tub.

Defectively Designed Gas Pool Heater- $2,000,000 Settlement

Walkup product liability attorneys obtained a $2,000,000 wrongful death settlement on the behalf of the mother of a young girl whose wrongful death came as a result of lethal levels of carbon monoxide gas emitted by a badly designed gas-fired pool and spa heater. The defective unit included a heat exchanger that was designed to operate conventional swimming pool and spa equipment. The unit did not come with a label warning about the emission of carbon monoxide and flue gases. The air intake system was designed with a flexible filter that became dislodged and created a build up of carbon monoxide. The deceased suffered acute carbon monoxide intoxication resulting in her untimely death. Our team obtained a settlement paid by the manufacturer of the faulty product.

Contact our California fatal accident lawyers today. Make an appointment for a FREE CONSULTATION to discuss your family's potential wrongful death claim. Call 1.888.564.8254 or 1.415.658.9310.

Se habla espaňol

The wrongful death attorneys at Walkup, Melodia, Kelly & Schoenberger represent the families of wrongful death victims in California and Nevada, including the cities of San Jose, Sacramento, Oakland, San Francisco, Santa Rosa, Fresno, San Mateo, Walnut Creek, Concord, San Rafael, Napa, Redwood City, Stockton, Modesto, Los Angeles, San Diego, Reno, Las Vegas, Elko, Carson City and Tahoe.