Contact Us: (251) 432-5521

Products Liability Defense

  • Since the formation of Helmsing Leach in 1976, we have defended manufacturers, distributors, retailers, component part suppliers, and individuals in actions brought under Alabama’s product liability law — the Alabama Extended Manufacturers Liability Doctrine (“AEMLD”) – and related causes of actions, such as negligence, wantonness, warranty, and fraud, in state and federal courts throughout the State.
  • Our product liability attorneys represent manufacturers and distributors of chemicals, metals and other products in mass tort and toxic tort cases and class actions
  • We pursue and defend product liability subrogation and indemnity claims
  • Our experience includes representation of testing laboratories and other service-related suppliers to manufacturers

Products Defended

  • 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
  • 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
  • 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

Notable or Recent Reported Cases

  • 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., — So. 3d –, 2011 WL 3211098 (Ala.S.Ct. July 29, 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)

Examples of Other Significant or Recent Representations

  • Represent 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
  • Obtained summary judgment for testing company in products and premises liability case involving severe burn injuries
  • Obtained 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
  • Obtained dismissal of chemical manufacturer in toxic tort wrongful death case in Wilcox County, Alabama
  • Resolved wrongful death case arising out of death of two-year old in Sumter County, Alabama



James B. Newman, Joseph P. H. Babington, Russell C. Buffkin, J. Casey Pipes, Patrick C. Finnegan, T. Ryan Luna, Sam Rosten

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