Product Liability

David Randolph Smith Edmund J. Schmidt III

Phone:(615) 742-1775
Toll-Free:(800) 394-2119
Fax: (615) 742-1223
info@drslawfirm.com

Product Liability

Each state's law provides consumers with a legal remedy--the right to sue for money damages--if a person (not just the purchaser) is injured or dies as a result of a defective or unreasonably dangerous product. The law of product liability holds manufacturers, distributors and sellers legally responsible for defects in manufacture or design as well as for defective marketing (failure to warn).

In choosing a lawyer to pursue a product liability case, whether it involves a drug, a vehicle or piece of equipment, experience and success are essential. Call us at 1-800-394-2119 or email us at info@drslawfirm.com for a free and confidential evaluation of your case.

David Randolph Smith testified as a legal expert on product liability law before the 100th Congress (House of Representatives) Subcommittee on Commerce, Consumer Protection, and Competitiveness. His testimony and paper appeared in the Congressional Record.

Our firm has successfully represented plaintiffs in drug, chemical, vehicle and equipment product liability cases with a track record of significant multi-million dollar settlements and verdicts. Examples include:

$6 million dollar settlement in a Wilson County, Tennessee case involving a defective crane against a Canadian manufacturer
$2 million settlement in a Nashville federal court case against a Japanese drug company for a defective diet supplement
$2,6000,000 settlement (product liability, defective pharmaceutical) in a Montgomery County, Tennessee case involving cardiac injury

The firm has been actively involved in multi-state and multi-district product liabilty litigation including:

Smith v. Union Carbide, 298 F.Supp. 2d 561 (W.D. Ky. 2004) Owners of property surrounding uranium enrichment facility brought action pursuant to Price-Anderson Act alleging that groundwater and soil contamination caused by facility substantially and unreasonably interfered with use and enjoyment of their property).
Jacobs v. E.I. du Pont de Nemours & Co., 67 F.3d 1219, 64 USLW 2264, 27 UCC Rep.Serv.2d 1198, Prod.Liab.Rep. (CCH) P 14,378, 1995 Fed.App. 0312P (6th Cir.(Tenn.), Oct 19, 1995) (NO. 93-4144, 93-5978, 93-6561) (Vitek TMJ Proplast jaw implant litigation).
Wright v. Dow Chemical U.S.A., 845 F.Supp. 503, 24 Envtl. L. Rep. 21,340, 24 UCC Rep.Serv.2d 507 (M.D.Tenn.,Oct 08, 1993) (NO. 3:92-0125) (Dursban insecticide product liability case).
In re Upjohn Co. Antibiotic Cleocin Products Liability Litigation, 664 F.2d 114, 32 Fed.R.Serv.2d 1441, 6th Cir.(Mich.), Nov 19, 1981.(Multidistrict products liability litigation over the drug Cleocin). David Randolph Smith, Baker & Botts, Houston, Texas

David Randolph Smith began his career as an attorney in 1978 in Houston, Texas defending product liability cases for clients such as Ford Motor Company (fuel tank and park-to-reverse cases) and Upjohn (defective drug cases). He later taught torts and products liability at Vanderbilt University School of Law (1983-1988).

Mr. Smith is Certified as a Civil Litigation Specialist by the National Board of Trial Advocacy and the Tennessee Commission on Continuing Legal Education and Specialization. Mr. Smith is also certified as a Medical Malpractice Specialist by the American Board of Professional Liability Attorneys and the Tennessee Commission on Continuing Legal Education and Specialization.

Certification requires proof that the attorney is in good standing, is substantially involved in litigating and trying cases (including minimum trial day requirements), has met continuing legal education requirements and has been subjected to peer review by persons against whom they have tried cases as well as judges before whom they have appeared.

Fewer than 1% of Tennessee's attorneys are certified as Civil Trial Specialists and only 10 attorneys are certified as Medical Malpractice Specialists.

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