Industry Manufacturing

Rumberger, Kirk & Caldwell is widely known in the area of products liability defense.  Named by several of the nation's leading automakers as their primary legal defense counsel in the Southeast, the firm's partners and associates have also championed products cases ranging from construction and agricultural equipment to motor vehicles, watercraft, electronics, explosives, pharmaceuticals, and toxic substances.  RKC has worked on some of the most challenging cases in this field.  RKC's experience and litigation skills have earned the firm a well-recognized record of success.

Below is a representative list of many of the manufactured products RKC attorneys have defended:

• Airplanes and Aviation Components
• Asbestos containing products
• Automobiles
• Boats
• Cleaners
• Cosmetics
• Electronics
• Explosives
• Pharmaceuticals
• Stump cutters/grinders
• Chlorine cylinders and valves
• Scuba breathing valves
• Liquid CO 2 delivery systems
• Forklifts
• Front-end loaders
• Carpets (allegedly impregnated with noxious substances)
• Fluorescent and halide light fixtures
• Neon signs
• Shotguns
• Roller coasters and other carnival rides
• Swimming pool pump/filtration systems
• Radial arm saws
• Corrugated steel flooring for refrigerated storage units
• Garage-type overhead doors
• Steel handles for grain delivery mechanisms
• Elevators
• Lathes
• Concrete mixes for road construction projects
• Beer bottles
• Pollution control "scrubbers" for incinerators
• Latex gloves
• Lawnmowers
• Morphine injection systems
• Pesticides
• Tennis Shoes
• Termiticides
• Trucks

Automotive
Many regard Rumberger, Kirk & Caldwell as one of the leading law firms in the defense of automotive product liability cases. For over a quarter century, Rumberger, Kirk & Caldwell has defended automotive manufacturers and component suppliers in general commercial litigation, as well as in lawsuits claiming severe or fatal injuries from automobile accidents.

Automotive product liability cases require complex, specialized technical investigations and forensic testing, as well as the ability to manage extensive document and deposition discovery. Rumberger, Kirk & Caldwell attorneys have vast experience in these matters, having tried many lawsuits to a defense verdict or, where appropriate, a successfully negotiated resolution.

The twenty-first century has brought exciting changes to the automotive industry and the nature of automotive product liability cases. "Black boxes" now record information about the deployment of airbags and other information about the vehicle as it goes through an accident, which greatly aids in the analysis of accident dynamics. Rumberger, Kirk & Caldwell attorneys pride themselves on keeping abreast of such technical developments and on using their experience gained through decades of litigation, to efficiently and effectively defend clients in catastrophic exposure cases.

Apparel and Textiles
RKC defends the apparel and textile industry in product liability cases.  Plaintiffs will attribute various injuries or ailments to a variety of clothing items, athletic equipment, or carpet "emissions."  These lawsuits gained notoriety in recent years when tennis star Monica Hingis attempted to hold her tennis shoe manufacturer liable for foot, hip and knee pain caused by allegedly defective tennis shoes.

RKC has successfully defended several lawsuits against major shoe manufacturers and distributors.  In RKC's most recent footwear case, the firm obtained a defense verdict for a major shoe manufacturer and sporting goods chainstore after the jury deliberated for only fourteen minutes.

RKC has also handled cases involving allegedly flammable fabrics.  Plaintiffs claimed in these cases that the manufacturer improperly treated children’s garments, such as pajamas and other nightwear, with flame-retardant chemicals.  The firm has also handled a claim involving floor carpet, claimed to have released harmful carcinogenic chemicals causing respiratory and visual distress.

Chemical Manufacturing
Rumberger, Kirk & Caldwell represents major corporate clients in this distinct specialty involving pest control, agricultural, other chemical products, and products once manufactured with asbestos. RKC defends claims of direct and indirect exposure to chemical products, asbestos, and mold. Plaintiffs often claim resulting psychological and physical harm, including fatalities. RKC has wide ranging experience deposing experts who customarily testify for plaintiffs in these types of cases.

Industrial Equipment
From heavy equipment used at a construction site, to machinery used in manufacturing to that used to move materials, the interaction between man and machine plays an integral part in all litigation involving industrial equipment. Thorough investigation, analysis and understanding of the factors at work in an industrial accident is the key to a successful defense.

Rumberger, Kirk & Caldwell's attorneys understand this fact and in each case aggressively investigate all aspects of an industrial accident. The experience, training, physical and mental condition of the injured person is examined along with that of coworkers. Employers' methods of training, supervision and attention to safety including, compliance with OSHA are evaluated and analyzed along with the repair, maintence, use and operation of the equipment involved. Analysis of the technical aspects of each case is undertaken including not only performance of the equipment, but its specific use and application. Human factors are considered whether they involve warnings, conspicuity, reaction times or the myriad other factors that come into play during the interaction between man and machine. In some cases, the biomechanics of the injury are scrutinized as the issue of causation is analyzed.

While a case involving a claim of defect against a piece of industrial equipment may contain unique facts, the manner in which RKC approaches the case is not. Attention to detail and thorough investigation is the hallmark of the firm's approach.