Sentences with phrase «defective design»

For example, with a capable attorney's assistance, you might decide to plead negligent failure to warn or strict liability for defective design.

The allegations include breach of implied and express warranty, consumer and common law fraud, unjust enrichment, negligence, and strict products liability with defective design or manufacture and failure to warn.

Some of these injuries were due to products liability caused by defective design, manufacturing or marketing.

In defective design cases, we will normally need to prove as well that a safer product alternative could have been manufactured and sold at minimal additional cost.

Rather, each test may be appropriate for different defective designs.

Our attorneys assist our clients in all phases of public and private construction contracting and dispute resolution, including: licensing; compliance; bid protests; contract drafting, negotiation and enforcement; claims notice and preservation; and litigation and arbitration claims involving defective design and construction, delay and interference, lien and bond claims, insurance coverage disputes and product liability claims.

Defeated designer's motion to strike subcontractor's tort claims of approximately $ 5 million, based upon defective design documents and negligent contract administration by successfully convincing the court that the Economic Loss Doctrine did not bar such claims.

In 2006, the firm settled with Attorney General Eliot Spitzer to fix water damage and structural defects in a Harlem building, and three years later BFC was in court defending itself against a lawsuit by condo owners in Williamsburg who alleged defective design.

If your claim covers defective design, defective engineering, failure of install products, longevity, insufficient installations, analysis, hazardous outgassing, structural failures, and other construction defect claims it may be time to get in touch with a member of our team that is experienced in construction law.

In California, there are two tests to establish defective design.

Robert's construction law practice spans all aspects of this field, from drafting project contracts, advising project participants on issue resolution and mitigation during the construction phase, defending and advancing contract claims for extra costs, cost overruns, delay and impact costs, dealing with builders» lien claims, and resolving defective equipment and defective design disputes.

Our attorneys aggressively defend our clients and their products when faced with claims including defective design, defective manufacturing, failure to warn, breach of warranty, or negligence.

Wisconsin Supreme Court held that the circuit court in Milwaukee correctly concluded that the plaintiff's complaint failed to state a claim of defective design of white lead carbonate pigment ultimately used in paint and coatings.

It astounds me that publishers can be so stupid or arrogant as to stab themselves in the back with defective design.

From the perspective of technical complexity, an action by the owner of a coal - fired power plant against an EPC contractor for defective design or construction of the internal refractory lining of the furnace was the most challenging including very complicated questions of metallurgy, combustion and materials science, and systems analysis.

Our Dallas product liability firm has extensive experience with mass tort products cases and one - off products cases involving defective design, defective manufacturing, and defective marketing.

Mechanical failure is responsible for about 13 % of all car crashes in the U.S.. Although some of these failures are due to the age and condition of the vehicle, some are caused by defective design or manufacture of the vehicle or its parts.

Representation of mechanical trade contractor in the prosecution of claims for additional materials (added fittings) and extra work against construction manager and project's mechanical engineer and architect in the United States District Court for the District of Massachusetts (Boston) based upon defective design and bid documents.

Avoid using used or older bath seats in case of recall, or a defective design.

Hundreds of Ford owners from a number of states have joined in filing a lawsuit against the automaker that alleges it has equipped millions of Ford vehicles with wheel lug nuts of a defective design, Automotive News reports.

Mr. Regan regularly advises construction managers, trade contractors, owners, and design professionals in disputes concerning project delays and inefficiencies, defective design and construction, unfair trade practices, bad faith, bond claims, and mechanic's liens.

Certain ATV models have been recalled because of defective designs that caused them to tip or roll over in situations where they should have stayed upright.

Acting in a # 160 million claim in connection with the defective design and construction of the largest wine production and distribution facility in the UK involving multi-party English High Court proceedings.

Representing the owner of a high - rise building in adjudication proceedings against the contractor arising from the defective design and installation of cladding panels.

Advising on a construction dispute including issues relating to quality of concrete work and defective design of natural ventilation resulting in the need to install mechanical cooling.

Children are more vulnerable to serious injuries and accidents whether from a car or school bus accident; defective product such as a child car seat, playpen, stroller, toys with lead paint and magnets, or baby formula; defective design of windows, playground equipment, and swimming pools and drains.

For example, the poor design of a road or the defective design of a particular automobile often plays a significant role in an automobile wreck.

Defective designs, including SUV rollovers, highway design, building design, and other defective designs

Defective design, defective manufacturing, and defects in marketing are all different forms of defective products.

Obtained dismissal of a multimillion - dollar subrogation claim against an architect for the defective design of a high school roof brought by the insurance carrier for the school district.

The suit's allegations include fraud by concealment, negligence, intentional misrepresentation and defective design.

But some of these risks may be the result of defective design and failure to warn physicians and patients of associated complications.

Mr. Barrack represents contractors, design professionals, owners, manufacturers, and sureties regarding a variety of claims involving defective design and construction, change orders and delays, mechanics» liens, bid disputes, and surety bonds.

In a high - exposure personal injury case where Plaintiff asserted that one of the nation's largest residential builders was liable for the defective design of an intersection in the City of Los Angeles, WSHB's senior counsel, Katie J. Brinson, and associate, Diana E. Sfrijan, successfully obtained a dismissal on summary judgment, arguing that the builder did not control the intersection and was not responsible for its design.

The trial judge accepted the expert evidence of the contractor that the over-deflection, cracking of the slabs and bending of the rebar was not caused by defective design.

Representation of an internationally renowned research hospital in its successful prosecution of a multimillion - dollar claim for defective design and construction of a state - of - the - art patient care center.

This is liability that you and your company could face and are likely to face if a product you design has a defective design.

There is bound to be a defective product, defective design, or a product that is inadequately labeled with a warning that will cause injury to a Philadelphian at some point.

Our construction lawyers regularly handle disputes about delays, labor inefficiencies, payment, materials, construction defects, payment bonds, performance bonds, foreclosure of mechanics liens and defective design, among others.

Claims bases on allegations of express - warranty breach or defective design, however, are generally not held to be preempted by the FIFRA.

Accidents can also be caused by negligent designed or defective design of boating or water equipment.

A victim can ask to be compensated for their injuries if they can prove that the product had a defective design, the product had a manufacturing defect, or if the company failed to warn about potential hazards.

Claims for defective design: these claims may occur when a product has been defectively designed, meaning that it is inherently dangerous, even though it was correctly manufactured

A federal jury in Dallas found the company, a subsidiary of Johnson & Johnson, negligent in its failure to adequately warn physicians and patients about the risks associated with their product's defective design.

1994)(«Liability for defective design could not be premised on strict liability, but would require proof of negligence»); Lake - Allen v. Johnson & Johnson L.P., 2009 WL 2252198, at * 2 - 3 (D. Utah July 27, 2009)(refusing to dismiss negligent design defect claim, finding comment k «limited to strict liability»).

If you argue that a product has a defective design under the consumer expectation test you must prove:

Originally, Takata only recalled approximataely 17 million vehicles, claiming that the only vehicles affected were those that were driven in areas with high humidity (think: Florida, Texas and Louisiana), but after further pressure from the NHSTA, Takata finally admitted that no one driving a car with defective design is safe and issued the order for 34 million cars to be recalled.