Each year in the United States, millions of people are injured due to defective products. In addition, defective products cause thousands more to die. In 2007, known as the “Year of the Recall,” the Consumer Product Safety Commission recalled 473 defective products. That same year, faulty toys alone caused 232,900 injuries. While product designers, manufacturers and distributors all have a legal duty to ensure that a consumer product is constructed safely and properly, this responsibility is not always carried out. If you or a family member has been injured or killed by a defective product, it is wise to contact our Boston product liability lawyers for legal advice.
On December 5, 2011, Gini Nester was working on her ranch in Buda, Texas. She was driving an E-Z- Go Workhorse to transport cattle feed. The E-Z- Go Workhorse is a vehicle similar to a golf cart. When she got out to open a gate, a 50-pound bag of cattle feed fell on the vehicle’s accelerator pedal. This caused the vehicle to run Nester over. She suffered substantial injuries from the accident and remains paralyzed from the neck down.
According to the Austin Business Journal, Nester filed a lawsuit against the manufacturer, Textron Inc. A jury found that Textron Inc. and Nester were each 50 percent liable for the accident. Textron was liable for the “defectively designed and unreasonably dangerous” kick-off brake system. It was concluded that Textron knew about the defect before producing the vehicle, and came up with a solution to fix the problem but never implemented it. The jury awarded Nester $15.8 million in damages, a record personal injury award for the federal U.S. Western District of Texas. Attorney Sean Breen represented Nester in this matter.