Ice Miller attorneys have been involved in the defense of products liability litigation since its emergence and have played a significant role in the development of this area of law on both a regional and national level. 

If you are currently engaged in a products liability lawsuit or believe you may be, Ice Miller's lawyers offer you broad and deep experience to help lead you through the lawsuit, whether it be resolved through mediation, arbitration, trial or otherwise.

Our lawyers have represented a wide range of manufacturers, distributers, retailers, and suppliers in many different industries, including automotive, drug and device, chemical, agricultural and construction equipment, consumer products, production machinery, and many others.  We also represent clients regularly in class actions, mass torts and multi-district litigation arising from product related claims.  Below is a listing of many of the products which we have defended over the years.  

Products Liability Services

Ice Miller lawyers invest, at their own expense, substantial time in learning our clients' businesses, organizational structures, histories, products and philosophies of management. Doing so has enabled our lawyers to develop a working "partnership" with our clients in all phases of risk management associated with products, from the design of the product to the resolution of claims or defending the product and the company in traditional litigation.

Ice Miller has represented defendants in hundreds of trials and appeals on all sorts of products and takes great pride in the results both at trial and on appeal.  However, we appreciate the emotional and economic cost that litigation can take on our clients' businesses and we work closely with them to achieve cost effective results.  To that end, we have been involved with clients in the oversight and management of claims, claims prevention, and a host of risk management issues, including indemnification, insurance coverage and review of technical literature and marketing materials. 

A Broad Range of Clients and Products

Ice Miller has represented manufacturers, distributers, retailers and suppliers in the following array of products:

Agricultural Equipment
Combines
Forage harvesters
Planters
Tractors
Balers

Vehicles
Automobile air bags
Automobile restraint systems
Automobiles
Brakes
Control panel microprocessors
Fire trucks
Helicopters
Tires and wheels
Transmissions/Clutches

Chemicals
Asbestos
Benzene
Coal tar pitch
Ethylene Oxide
Fertilizers
Formaldehyde
Pesticides
Silica
Sulfur additives
Bisphenol-A
Lead
Lubricants

Consumer Products
Beauty products
Bicycles
Butane lighters
Camcorders
Carpet
Chairs and tables
Circular saws
Clock radios
Firearms
Fireworks
Furnaces
Garage door openers
Hair products
Hand tools
Home water heaters
Lawn and garden equipment
Power tools
PTAC units
Riding lawn motors
Roofing shingles
Soft drinks
Space heaters
Tanning beds/devices
Telephones
Televisions
Toys
VCR
Water bed heaters
Water heaters

Construction Equipment
Aerial lifts
Cranes
Digger derrick
Front-end loaders
Man lifts
Road maintenance equipment
Scaffolding
Truck cabs and chassis
Excavators

Cosmetic Products
Make-up
Skin care
Bleach
Hair color
Aerosols
Hair care products


Drugs and Devices
Blood factor concentrate
Brain stimulators
Breast implants
Chemical products
Contraceptives
Defibrillators
Drug infusion devices
Drugs
Flu vaccine
Heart valves
Human tissue implants
Insulin pumps
Intraocular lenses
Medical devices
Medical machinery
Orthopedic joint implants
Pacemakers
Pain medication pumps
Pelvic mesh implants
Penile implants
Pre-assembled surgical packs
Spinal cord stimulators
Surgical cautery machine
Surgical staplers
Vaporizers

Food
Floor standing fryers
Ice makers
Meat processing equipment

Industrial Equipment
Assembly lines
Batt packers
Chillers
Conveyors
Crawlers
Dock leveler
Forklifts
Heat treatment furnaces
Ladders
Lathes
Metal strapping systems
Ovens
Plastic extrusion systems
Pneumatic assembly tools
Presses
Pressure vessels
Punches
Push lock tugs
Tenter machines
Transformers

Industrial Products
Cable
Chains
Hoists
Industrial equipment safety
     devices
Respirators
Ropes
Sensors
Steel beams
Steel decking
Telecommunication devices
Valves
Wire ropes and slings

Juvenile Products

Baby bottles
Baby strollers
Child safety seats
Cribs

Miscellaneous

Bottles and containers
Corrugated Stainless Steel
     Tubing (CSST)
Elevators
Escalators
Microprocessors
Plastic packaging
Two-way radios

Sports Equipment
Playground equipment

 

Our Lawyers

The product liability litigators at Ice Miller practice in a large number of state and federal courts as well as before the Judicial Panel on Multidistrict Litigation.   Our lawyers include Fellows in the American College of Trial Lawyers and members of PLAC (Product Liability Advisory Council).  They are ranked in Chambers USA and routinely listed in The Best Lawyers in America, Super Lawyers and Super Lawyer Rising Stars in Illinois, Indiana and Ohio.  Our lawyers are members of the International Academy of Defense Counsel, the Defense Research Institute (DRI) and local trial lawyer associations. 

The product liability litigators have also contributed to the development of this area of the law through multiple publications and speaking engagements.  

Representative Experience

  • Representation of an agricultural equipment manufacturer and distributer since the 1990's on a national basis in all types of product liability claims.
  • Won dismissal and summary judgment in a series of multi-million dollar claims against a blow-mold manufacturer by demonstrating that the products used appropriate design and by proving that the injuries were caused by poor use and faulty operation. Won summary judgment on behalf of a European manufacturer of a thread rolling machine, proving the soundness of the manufacturer’s dual start design mechanism, and proving that the injuries were caused by the user’s disabling of that mechanism.
  • Defended a consumer electronics company in litigation in Cook County, Illinois arising out of a fire in a home. The fire resulted in the death of the homeowner's four children.  After multiple expert depositions, we were able to obtain a settlement which was favorable to our client.
  • Obtained a defense verdict in a trial arising from personal injuries the plaintiff received when using a power tool.  The Plaintiff claimed that a defect in the tool caused a malfunction during operation. Ice Miller was able to successfully cross examine his expert witness and demonstrate that the tool was designed properly; however, the plaintiff misused it. 
  • Obtained summary judgment in Franklin County, Ohio in favor of a supplier and installer of a chiller where the plaintiffs own conduct contributed to their injuries and plaintiffs failed to demonstrate any negligence on the part of the supplier and installer.
  • Represented the international manufacturer of a lathe in federal court in Ohio against claims asserted by a plaintiff who suffered a significant closed head injury.  After numerous fact and expert witness depositions revealed the plaintiff had not been properly trained on how to use the lathe, we were able to negotiate a favorable settlement for the manufacturer.
  • Conducted aggressive, early case investigation into identification of manufacturer of microprocessor in control panel of fire truck to determine client's product was not present, resulting in voluntary dismissal of client for no payment early in the proceedings.
  • Obtained summary judgment for manufacturer of medical device on federal preemption grounds in United States District Court, a ruling affirmed on plaintiffs' appeal to the 7th Circuit Court of Appeals
  • Defended a car seat manufacturer being sued in multi-million dollar lawsuit by a plaintiff suffering paralysis resulting from an automobile accident. Ultimately enabled the client to settle for substantially less than the cost of defense.
  • Obtained defense verdict in trial in which plaintiff contended that a dock leveler on which he was performing maintenance suddenly and unexpectedly fell on him.  Through the use of effective cross examination we were able to demonstrate to the jury that the expert witness was not truthful in his opinions.
  • Defended a leading helicopter manufacturer in three separate wrongful death actions resulting from the crash of a medical evacuation helicopter.
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