Girardi | Keese

Parents of injured boy push for design-defect lawsuit

Hearing stories about people getting injured because of design defects is never easy, especially when those victims are children. For readers here in California, it doesn't matter what state the design defect occurred, only that the victim's receive compensation for any injuries it may have caused them. This will likely be the feeling now among our readers after they read about the recent case out of New Jersey this month.

The case began just after the parents purchased a Kawasaki motorcycle for their son nearly three years ago. But when the minor child first rode the motorcycle, the bike crashed, leaving the boy with serious and permanent injuries in return. The parents finally were able to file a federal complaint nearly two years later, but met resistance from the manufacturers of the bike.

Although the parents cited in their lawsuit that negligent assembly of the throttle mechanism resulted in the crash, the authorized dealer that runs the shop from which the parents bought the bike claimed that the court did not have enough personal jurisdiction to hold them liable. A U.S. District Court judge disagreed however, stating that although the dealer was based in Delaware, the company still had ties to the state where the accident took place and could therefore be held liable for the design defect.

As readers of our blog can tell you, companies based in a different state from where accidents take place will often try to get out of liability situations like this by trying to assert that the jurisdiction of one state does not apply to them. But as it should be pointed out, the U.S. Supreme Court has decided that if a party has had contact with persons inside the territory of the court, then that party can be subject to the personal jurisdiction of that court. This might be very good news to the family of the injured child because this might mean compensation in the end if they win their case.

Sources: Courthouse News, "Bike Dealer Must Face Suit on Christmas Crash," Rose Bouboushian, Aug. 8, 2013  

dictionary.findlaw.com, "Jurisdiction"

IN THE NEWS

The Soto Verdict

Girardi | Keese attorneys have won a $2.3M verdict for a Long Beach resident run over by a Parks & Rec truck. Read more here.

The Madero Verdict

Attorney Christopher T. Aumais persuaded a San Bernardino County jury to deliver an  exceptionally high verdict in an area known for low jury awards.

A Champion of Justice

Partner Amy Fisch Solomon was a Champion of Justice in 2015, proving that success in law isn't just about the size of your verdict or settlement.

Own a VW Diesel?

Read about VW's emissions scandal and 
our class action against the automaker.

Referrals

Learn About Our Referral Network Read More

Our Attorneys

Meet our award-winning team Read More

AWARDS & RECOGNITION

The true measure of a lawyer isn’t the awards, but what the awards say about the lawyer: dedication and commitment to the client.

Super Lawyers Distinguished AV | Lexis Nexis | Martindale-Hubbell | Peer Review Rated For Ethical Standards and Legal Ability American Association For Justice Consumer Attorneys Association Of Los Angeles Consumer Attorneys California Supreme Court Icon 7 Icon Best Lawyers | Best Law Firms 2014 | U.S. News American Board of Trial Advocates Law Dragon America's Top 100 Attorneys | Lifetime Achievement