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Products Liability Defense

Since its founding in 1976, Helmsing Leach has had a substantial practice defending manufacturers, distributors, retailers, component part suppliers, individuals and others in products liability lawsuits brought under Alabama’s product liability law — the Alabama Extended Manufacturers Liability Doctrine (“AEMLD”) — and other causes of actions, including negligence, wantonness, warranty and fraud, in state and federal courts throughout Alabama and beyond. Our product liability attorneys represent manufacturers and distributors of chemicals, metals and other products in mass tort and toxic tort cases and in class actions. In addition, we have extensive experience pursuing and defending product liability subrogation and indemnity claims.

  • Aircraft, aircraft engines, helicopters, and aviation components and equipment
  • Asbestos
  • Automobiles, automotive parts, seat belts, and car jacks
  • Bicycles and other recreational products
  • Boats, marine inboard and outboard motors, and other marine products
  • Boilers
  • Building and roofing materials and construction supplies
  • Chain saws
  • Chemicals, metals, and other basic materials
  • Drugs, pharmaceutical products, medical devices, and surgical supplies and equipment
  • Diesel locomotives
  • Elevators
  • Exercise equipment
  • Fire extinguishers
  • Fishing equipment
  • Heavy machinery
  • Household appliances, including conventional and toaster ovens and dishwashers
  • Hand-held power tools including band, miter, table and other saws, grinders, sanders, and other power tools
  • Industrial engines
  • Industrial furnace exhaust system components
  • Mining equipment and machinery
  • Motor homes, recreational vehicles, and “fifth wheels”
  • Paints
  • Paper making machinery
  • Surgical supplies
  • Tires
  • Trolling motors
  • Water and electric meters and controls
  • Water heaters and furnaces
  • Wire rope and other steel products

The firm is willing to assist trial counsel to whatever degree is desired, from a limited consulting role to the complete handling of any appeal.

  • Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999)
  • Hughes v. Stryker Corp. 2011 WL 1413281 (C.A.11 (Ala.))
  • Ex parte Delta International Machinery Corp., 75 So.3d 1173 (Ala. S. Ct. 2011)
  • Patterson v. DePuy Orthopaedics, Inc., 2011 WL 3047794 (N.D. Ohio July 25, 2011)
  • Barnhill v. Teva Pharmaceuticals USA, Inc., 2011 WL 1837816 (S.D. Ala. May 10, 2011)
  • Wyatt v. Matrixx Initiatives, Inc., 2007 WL 7238402 (N.D. Ala. 2007)
  • Benkwith v. Matrixx Initiatives, Inc., 467 F.Supp. 2d 1316 (M.D. Ala. 2006)
  • Sutherland v. Matrixx Initiatives, Inc., 2006 WL 5185611 (N.D. Ala. 2006)
  • Tillman v. R. J. Reynolds Tobacco, 340 F. 3d 1277 (11th Cir. 2003)
  • Connally v. Sears, Roebuck & Company, 86 F.Supp. 2d 1133 (S.D. Ala. 1999)
  • Wakeland v. Brown & Williamson Tobacco Corp., 996 F.Supp. 1213 (S. D. Ala. 1998)
  • Frantz v. Brunswick Corp., 866 F.Supp. 527 (S.D. Ala. 1994)
  • Won summary judgement in wrongful death case involving alleged defect in component of fire-extinguisher
  • Won summary judgment for testing company in products and premises liability case involving severe burn injuries
  • Won summary judgments and voluntary dismissals by plaintiffs for over-the-counter drug makers in several Alabama cases
  • Before filing of answer, obtained voluntary dismissal of wrongful death case arising out of boating accident in Geneva County, Alabama
  • Have represented leading marine outboard engine manufacturer for 20 years in product liability, warranty, and negligence
  • Defended regional distributors and local retailers in a series of Alabama product liability cases, obtaining dismissal of clients in all claims and cases
  • Won dismissal of chemical manufacturer in toxic tort wrongful death case in Wilcox County, Alabama
  • Achieved favorable resolution in wrongful death case arising out of death of two-year-old child in Sumter County, Alabama

Attorneys

Joseph P. H. Babington, Russell C. Buffkin, Patrick C. Finnegan, Philip D. Mahoney, Thomas O. Gaillard, III William W. Watts, III.

Litigation

Corporate