McGuinness & Associates

McGuinness & Associates has experienced great success in its products liability practice. Our firm has successfully defended the integrity of products which were alleged to have caused substantial damages from defective manufacturing and/or design. Our lawyers examine product specifications and common usage to determine if damage was indeed caused by a product failure or rather by a claimant’s misuse of the product.

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Maintenance requirements of a product are also analyzed to determine whether improper product care caused or contributed to the alleged damage. Additionally, conditions entirely unrelated to the product are carefully considered to determine whether alleged damage is properly attributable to objects, actions or omissions unrelated to the product.

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This firm has also pursued claims for damages which were proven to be caused by defective products and/or products supplied by third parties for an improper use and/or under dangerous conditions. Substantial recoveries in these matters have been achieved. This firm has developed capabilities and a strategic understanding of both the pursuit and defense of product liability claims.

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Our lawyers have litigated the following representative Products Liability cases:

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• Established a complete defense to liability allegations for the failure of a smoke detector to activate in a student dormitory unit. The student occupant suffered burns throughout his body which penetrated to bone depth. Substantial grafting and reconstructive surgery over the course of several years was required to restore minimal functionality and appearance. Although our client’s smoke detector installed in the room did not activate, this firm proved our client to be without fault.
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• Favorably resolved an industrial accident case involving the collapse of a scissor lift resulting in severe personal injuries to employees, including debilitating paraplegic injuries to one of the employees. Our client, a major overnight mail and freight shipping company, was the employer of the injured workers and owned, operated and supervised scissor lift activity. This firm’s client obtained a complete liability release, while other case defendants fully paid the settlement sum.
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• Defended the manufacturer of a chemical fire suppression system which serviced a deep fryer appliance. The deep fryer appliance failed resulting in a catastrophic fire which destroyed an entire restaurant building. Although our client’s fire suppression system failed to activate, this firm established evidence to prove that our client was without fault.
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• Established a complete defense to a multi-million dollar toxic mold claim arising from the construction of six separate apartment buildings. Plaintiff alleged that our client provided and installed defective equipment which leaked water throughout the enclosed envelop in all of these buildings. The water leakage was also alleged to have caused toxic mold throughout the apartment complex. The buildings did have severe water damage and were replete with mold. Our client’s product, however, was proven to be intact and a separate water source was found to have caused the plaintiff’s damages. Our client acknowledged responsibility for a few installation defects, unrelated to either the water damage or mold. A dismissal of our client was obtained for a very nominal settlement payment.
   

• This firm won an $8.4 million trial verdict by pursuing toxic mold claims arising from the construction of a Church gymnasium and community center. Industry experts were engaged to conduct site examinations. These experts found pervasive, toxic mold growth. A defective design relating to the roofing and wall plan was established. Substantial damages to both the building structures and the Church’s cash flow were proven.
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• A gas line burst causing a major explosion and fire which destroyed a residential structure. Initially, our client’s equipment was alleged to have proximately caused the explosion. This firm developed facts concerning a defective installation of the gas line which established that the explosion occurred due to a distinctly separate cause. Claims were then pursued against other parties without any further pursuit of claims against our client.
   

• Our lawyers won a substantial jury trial verdict in a defective roofing case involving leakage and severe water damage to the structure, flooring and property contained within. We represented the owner and demonstrated that the roofing design system and installation methods were inadequate.
   

• This firm represented a client who suffered significant injuries from a fall in a hotel shower. The tub had a high gloss slippery surface and no safety measures had been undertaken by the hotel to ensure adequate gripping on that surface. Our client was paid a substantial settlement amount for injuries emanating from the incident.

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• A client manufacturer incurred multi-million dollar losses from product failures attributed to a subcontractor supplier’s defective component parts.  Our client manufactured water purification systems. The litigation involved the supplier’s improper sale of defective component parts. The supplier had changed its material provider and then began providing a defective and unsafe supply of component parts which were essential to the end unit.  Supplier refused to accept responsibility for defects, asserting the client was misapplying the component parts. Matter settled just before trial with a full payment by supplier.