Establishing Your Case

At our Brooklyn law firm, our product liability lawyers rely on top manufacturing experts to help prove our clients' case.

MR. ZUCKER: We have gone to great lengths to make sure that we are prepared before we even start the lawsuit to defeat those motions. We go to whatever expense is necessary in order to hire the very best experts with the greatest qualifications. Products liability has become more and more of a challenge in the area of law. Manufacturers fight those cases vigorously. Many of the big manufacturers do not carry insurance. These are some of the biggest corporations in the United States. They fight these cases the whole nine yards. What typically occurs now on products liability cases is that we will often bring the cases in state court, which is more favorable to the party bringing the lawsuit and the company that manufactures the machine will typically remove the case to federal court on the basis that there is what we call diversity of citizenship, that the manufacturer of the machine is located in a different state, other than the state of New York, where our client typically resides. They then will take the deposition of our expert, typically an engineer, and then make a motion to dismiss the case under the Daubert Decision, saying that the expert lacks the qualifications. They’ll claim he failed to account for one thing or another and that his testimony therefore doesn't meet the necessary requirements. These lawsuits are going to be hard fought. There's not going to be a quick offer of settlement. You have to be prepared to go to trial. We put in a tremendous amount of effort and tremendous amount of expense into those case. We provide our clients with all the necessary means to succeed and have been successful.