Consumer Products

We expect ourselves and our families to be safe in our homes, believing that manufacturers, under the “watchful eye” of the Consumer Product Safety Commission, are selling us safe goods.  Tragically, this is oftentimes not the case.  Many manufacturers compromise on product safety and the CPSC’s limited resources are woefully insufficient.  Raynes McCarty attorneys have decades of experience in successfully representing victims of unsafe consumer products, such as stoves, gas grills, children’s beds, dressers, folding chairs and lawnmowers.  We investigate prior similar accidents, review regulatory oversight, identify alternate safer designs, and hold companies responsible.

Examples of recoveries we have achieved for our clients include:

$35,000,000 in Lifetime Benefits in Stove Tipover Accident An apartment stove tipped over when a five-year-old boy stood on its open door while trying to reach a pot. The pot of scalding water toppled off the stove, spilled onto the boy, and severely burned his groin and upper thighs. The landlord had ignored Philadelphia's building code, which requires every apartment stove to be anchored to the floor at the back of the stove. The stove manufacturer violated the standards for the home appliance industry when it failed to provide essential safety information. Martin K. Brigham's role as lead trial counsel for the boy in his claim against the landlord and the stove manufacturer was featured as a Spotlight case in ATLA's Law Reporter.
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$10,250,000 Verdict in Swimming Pool Accident Richard dove from a wooden deck into a backyard, aboveground swimming pool, not understanding its shallow depth. He struck his head on the bottom and was paralyzed. Raynes McCarty sued the manufacturer of the pool liner on Richard's behalf, because the liner had neither adequate depth markers nor warnings against diving. At trial, Roy Decaro convinced a federal jury to return a $10,250,000 verdict in favor of our client.
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Confidential Seven Figure Settlement for Woman Burned in Propane Gas Grill Explosion Concerned about theft, a family stored its propane gas grill in the kitchen when it was not being used. The home owner asked her daughter Marian to take the propane cylinder to be refilled. After trying to make sure that the cylinder valve was closed, Marian attempted to disconnect the hose. Unexpectedly, gas escaped, reached a source of ignition and exploded, severely burning Marian. Attorneys Roy DeCaro and Martin Brigham teamed up to represent Marian. They discovered that a safety device — a back check assembly — would have prevented the accident and had been recommended by the Consumer Product Safety Commission for more than a decade. Armed with the minutes from meetings at which the Defendants fought to delay the use of the safety device, DeCaro and Brigham earned the Court’s permission to seek punitive damages. A video settlement brochure, including a computer animation of the effectiveness of the safety device, facilitated a very successful confidential resolution for Marian.

Confidential Seven Figure Settlement for Folding Lawn Chair Collapse Shopping at a department store in preparation for a shore vacation, Paul eased himself down into a folding lawn chair.  The chair’s rear legs folded under, toppling Paul to the ground and striking his back.  Only in his 30's, Paul was totally disabled.  A design engineer, working with Raynes McCarty’s Marty Brigham and Stephen Raynes, confirmed that the chair’s legs did not lock open in violation of industry practice and were prone to collapse.  The chair’s manufacturer, however, was in China and beyond the reach of Pennsylvania courts.  When Raynes McCarty was able to establish that the department store did not devote one dime – of its more than billion dollars of revenue – to reviewing the safety of its imported products, Paul’s case settled, ensuring his and his family’s financial future.

Confidential Seven Figure Settlement for Child's Protective Bed  A mother who wanted the best possible care for her son, who had suffered a brain injury at birth, purchased a specialty bed with protective netting to keep him from falling at night.  Unbeknownst to her, the manufacturer had done no bio-mechanical evaluation of its design, and its "protective" barrier actually created an entrapment hazard for children, causing her son to suffocate.  Pursuing a claim which included punitive damages, a team led by Jerry McHugh and Regina Foley secured a seven figure settlement despite the fact that the child was already permanently disabled as a result of his birth injuries.

Confidential Settlement for Estate of Child crushed by a dresser Common household articles can present hidden dangers to children, which their parents have no reason to suspect.  This was the case for a seven-year old child who opened two drawers on a dresser, only to have it topple over on her resulting in her death by suffocation.  The dresser was constructed with heavy particle board on the front of the drawers, but only thin and lightweight paneling on the back, causing the furniture to be "front heavy" whenever more than one drawer was opened.  Jerry McHugh overcame the manufacturer's defense that the accident was the parents' fault, leading to a successful resolution.

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