A product defect case brought a claim against a manufacturer of a compact excavator that had tipped over causing our client to ultimately have his foot amputated. The international standards applicable to this machine required a manufacturer to protect against crushing injuries in tip over situations. Initially the manufacturer vigorously defended the case and denied that its machine was defective.
After identifying several other similar occurrences with the same model machine in other parts of the country, we were able to prove that the manufacturer not only knew that its machine was causing severe crush injuries, but that it failed to recall the product or issue any new warnings or advisories to the construction industry or potential consumers. The case was settled shortly before the trial was to commence in Federal court in Miami, Florida.