Plaintiff vs Product Manufacturer
Our attorneys represented the Chinese manufacturer in a product liability lawsuit. The lawsuit involved an incident in Ohio where a man was doing pull ups on a pull up bar that dislodged from the doorway. The distributor of the pull up bar had two main product suppliers, one of which was our client. We argued at mediation that the plaintiff cannot establish that our client manufactured this box and that the distributor should be solely liable.
The man fell when the pull up bar dislodged from the doorway and was rendered a quadriplegic. A significant legal issue was spoliation of evidence as the man’s mother threw out the pull up bar. The plaintiff kept the product box and alleged it was from our client, one of the two manufacturers, due to a distinctive marking on the box.
Our attorney traveled to China with three experts to visit the supplier factories and examine the molds used to create the product’s component parts. They also purchased exemplar products with the same box. They found that some of the component parts of the product in the boxes did not match the markings on the supplier’s molds. Our attorneys argued at mediation that the plaintiff cannot establish that our client manufactured this box and that the distributor should be solely liable. We also argued that the distributor was responsible for design and our client was solely an OEM. This was a design defect case.