Product liability is a complex area of law governing claims that someone has been harmed by the use of, or exposure to, virtually any man-made product or its material or components.
When a single claim can put your company’s future at risk, you need a defense partner with a proven track record. Our attorneys represent a broad range of industries, including manufacturers and distributors of pharmaceutical and medical devices, aircraft, automobiles, cosmetics, chemicals, industrial machines, machine components, building materials and consumer and automotive products.
Our attorneys work closely with client personnel and independent engineers to build a technically sound defense, devoting the necessary time and effort to understand the product thoroughly.
Our Product Liability attorneys have experience in matters related to:
Mass torts, including toxic torts, are complex cases that may involve “bet the company” risks, dozens of parties, and litigation occurring over years and spanning multiple jurisdictions. The experience of Phillips Murrah’s attorneys on major cases and complex mass tort issues provides us the necessary insight to develop strategies tailored to our clients’ needs in each particular case.
In addition to the defense of claims and suits, our attorneys also consult with clients to advise them on issues pertaining to manufacturer testing and risk management matters, with the goal of controlling risks and avoiding or minimizing claims and suits.
Click here for more information about our Complex Torts Practice.
A product liability action alleges someone was injured from a product, and in Oklahoma, it can be based on a theory of negligence or strict liability. Regardless of the legal theory, these cases often involve complex scientific and factual issues, and the use of expert testimony is typically required to prove the existence of a defect and its causal link to an injury.
In Oklahoma, to prove a case of strict product liability, a plaintiff must generally establish three elements: (1) the product was the cause of the injury, (2) a defect existed when the product left the manufacturer’s control, and (3) the defect made the product unreasonably dangerous. While this legal theory is called “strict” liability, it does not mean the product manufacturer or seller is without defenses. Our experienced product liability team helps clients pursue the most effective defenses in these complex cases.
Generally, a commercial seller of a used product in Oklahoma is not liable for an alleged defect if the seller did not create the defect and the product was sold in essentially the same condition as when it was obtained for resale. Oklahoma also has “innocent seller” statutes that limit the circumstances in which even the original product seller may be held liable under either negligence or “strict” product liability legal theories.
A product liability action in Oklahoma is considered a tort action, which means it is subject to a two-year statute of limitations. The statute of limitations may be “extended” by one year if the initial action is filed before the limitation period expires and is then dismissed without prejudice. Different factual scenarios, such as the delayed “discovery” of sufficient information to bring a lawsuit, might further extend the limitations period.
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NewsCody J. CooperLyndon W. WhitmireThomas G. WolfeProduct Liability
GeneralInsightCommercial LitigationKim KellyClass ActionsInsuranceProduct Liability
InsightCommercial LitigationJustin G. BatesBusiness LawProduct Liability
InsightAshley M. SchovanecAshley M. HounchellProduct Liability
InsightCommercial LitigationCody J. CooperLyndon W. WhitmireProduct Liability
InsightCody J. CooperLyndon W. WhitmireThomas G. WolfeOil and Natural Gas LitigationProduct Liability
InsightCody J. CooperInsuranceProduct Liability
NewsCody J. CooperLyndon W. WhitmireThomas G. WolfeProduct Liability
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