We just finished a difficult product liability case in which the excavator safety lock lever that prevents movement was broken. The excavator operator accidentally touched the sensitive joystick that controls movement, causing the boom of the excavator to move.

If you or a loved one has been involved in a similar tragedy, don’t wait to seek the help you need. Contact us today for a free consultation, either by visiting our website at cervantesscherrlegate.com or by calling us at 915-544-0100. Let us put our skills and resources to work for you.

Product Liability

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Dangerous or defective products cause thousands of injuries, and many deaths, every year in the U.S.

Product Liability Law is a special set of laws that can place legal responsibility for the damages caused by dangerous or defective products on those responsible for designing, making and selling the product regardless if they knew it was dangerous or defective or not. Product Liability Law places the responsibility on those responsible for the product to make it reasonable safe for all of us. When the product is dangerous or defective and causes injury or death, Product Liability Law enables the victim to recover compensation for the damages done to the victim, including financial loss as well as pain, suffering, mental anguish, impairment, disfigurement and other damages.

Liability for a dangerous or defective product could rest with any party in the chain of commerce, such as:

Product Liability Case Result


Oscar Mendez's Story

Basis for Product Liability

Plainitffs in a product liability case must prove that the product was dangerous or defective, that the product caused damages to the victim, and the extent of damages. Product Liability Law recognizes 3 different ways the product is defective or dangerous

Design Defect

Something in the design of the product that makes it inherently unsafe, present in the product before it is even manufactured

Manufacturing Defect

Those occurring in the course of a product’s manufacturing or assembly

Marketing Defect

Failing to warn of the products dangers, inadequate safety warnings, improper labeling, and insufficient instructions

For over 30 years, Cervantes Scherr Legate’s attorneys have handled product liability lawsuits and jury trials. Cervantes Scherr Legate have helped victims damaged by many products.  Though this is only a partial list, the following is an example of product cases handled by Cervantes Scherr Legate.

Construction and Industrial Equipment

Excavators, cranes, bulldozers, forklifts, hoisting equipment, cherry pickers,  power lines, electrocutions and electric shock cases, transformers, utility poles, scaffolds,  storage tanks, trenching equipment, water trucks, steel failures, j hooks, screws and bolts failures, table saws, nail guns; closed spaces,  carbon monoxide and lack of oxygen, oil field equipment, drilling equipment, pumps, overhead cranes, tire mounting equipment, and machine guard failures.

Motor vehicles

Tire failures, sudden acceleration and runaway vehicles, brake failures, Commercial truck fuel fed fires, Commercial truck air brakes, seat belts, car seats, axle and suspension failures, rollovers, high center of gravity and ATVs.

Personal care items

Baby strollers, poison, hair products, drug and medical products, breast implants and others.