Boise Product Liability Attorneys

Do you need legal help?



Boise Product Liability Attorneys

Do you need legal help?



Boise Product Liability Attorneys

We help those injured by defective products throughout the state of Idaho recover financial compensation

Although the government tries to regulate product safety, it is people who have been injured by products that have made substantial changes in how products are designed and manufactured. By being willing to take a stand, consumers, through lawsuits, have forced manufacturers to make flame-retardant pajamas for children, better helmets, flame resistant mattresses, safer toys, safer vehicles, guarded punch presses, and safer industrial equipment and tools.

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Trust worthy, honest, efficient, and effective – all words that describe John Edwards and his staff! Working with the team at Hepworth Holzer helped me focus on getting well and not on the financial worries of my situation.

Kathy Crowley

John Edwards and his staff are excellent. They took the time to explain the process completely and worked hard to ensure I would get the most out of my settlement. John is a very caring lawyer who cares more about his cleint then the possible gain from the end results. He was able to work with my insurance company to lower their reimbursement to the lowest possible amount and even ensured I would be taken care of with furture clains by waiving co-pays for my shoulder and neck injury.

Lee Morris

Mr Holzer has an above-and-beyond, do the right thing approach to life. He is caring and thorough. I’m grateful to know him and have his assistance!

Sarah Brown

Charlie Hepworth provided excellent legal services to my husband and I. In 2015, I was struck by a semi-truck on the connector and spent five weeks in the hospital. Charlie was referred to us by a friend and we were so fortunate to have him on board. He was compassionate, knowledgeable, highly experienced, and guided us every step of the way. We are pleased with the outcome and having Charlie on our team certainly made the long process of recovery a bit easier.

Guy H.

I am writing specifically about John Kluksdal. The work that he did for me was nothing but amazing. When it was time to go into my settlement hearing, he worked extremely hard and was able to get a justifiable settlement. He’s great!

Guy H.
7 Mistakes That Ruin Personal Injury Cases

7 Mistakes That Ruin Personal Injury Cases

Get our FREE guide and find out how you can protect your rights with Hepworth Holzer, LLP

Boise Product Liability Attorneys

We help those injured by defective products throughout the state of Idaho recover financial compensation

Although the government tries to regulate product safety, it is people who have been injured by products that have made substantial changes in how products are designed and manufactured. By being willing to take a stand, consumers, through lawsuits, have forced manufacturers to make flame-retardant pajamas for children, better helmets, flame resistant mattresses, safer toys, safer vehicles, guarded punch presses, and safer industrial equipment and tools.

For example, we represent people seriously burned while using Polaris RZR recreational off-highway vehicles. This particular product currently presents risks to many unsuspecting members of the public.

But all product manufacturers, designers, producers and retailers have a duty to the public, to assure the safety of their goods. From cars and trucks to work machines and household items, these companies and professionals are strictly liable for malfunctions and defects that cause injury or failure to warn of hazards.

If you have been injured by a defective product, you have the ability to hold a manufacturer responsible and perhaps even force a design or manufacturing change. A product liability lawyer with Hepworth Holzer, LLP, in Boise, ID, can help you seek the compensation you deserve.

Idaho Product Liability Law

A defective product under Idaho law is a device or piece of equipment that is unreasonably dangerous to people or property. Defects can occur during the manufacturing process (recently a manufacturer of medical devices was held liable for hip and knee prosthetic devices that were manufactured with an improper oil coating) or they can occur when the product is designed (for example, the Ford Pinto that was improperly designed with the exploding gas tank). Determining whether a product is defective under Idaho law can be a complicated process.

Defective ASR Depuy Hip Implants

In 2005, Johnson & Johnson started selling the  DePuy ASR XL Acetabular System in the United States. The company received special clearance to market the ASR devices without clinical trials showing it was safe.    The Food & Drug Administration started receiving many complaints about the product.  In August 2010, DePuy issued a voluntary recall of ASR devices.

Date showed that after 5 years 1 in 8 of the replacement hips failed.  Even after replacement of the device, there can be fragments left in the body that cause problems.  Even DePuys acknowledged the hips system failed because of component loosening, malalignment, infection, bone fracture of the bone or dislocation as well as metal sensitivity and pain. Many complications have been seen.

Hepworth Holzer lawyers have represented many victims with ASR system injuries.

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Taking On Manufacturers In Motor Vehicle Defect Claims

Our accomplished personal injury legal team can handle your claim arising from vehicle and component problems such as:

  • Defective tires susceptible to tread separation
  • Defective seat belts that break or fail
  • Defective air bags
  • Defective braking systems susceptible to excess wear
  • Car fires and gas tank explosions
  • Car seat problems — defective seat belts and heated seat malfunctions that cause serious burns
  • Any defective equipment subject to recall
  • Structural problems — inadequate roofs causing “roof crush” in a rollover accident

If you, a relative, family member or a loved one has been seriously injured — or someone dear to you sustained fatal injuries in a case of wrongful death — and you suspect that the accident was caused by a defective motor vehicle part or unsafe automobile design, the Boise law firm of Hepworth Holzer, LLP, can help. We are Idaho’s injury lawyers.

You need strong representation behind you — lawyers with the determination, capacity and resources to take effective action against a car, truck or SUV manufacturer and its insurer. Hepworth Holzer is prepared to investigate, research and pursue a complex vehicle product defect injury claim on your behalf. Contact us , toll free: 877-343-7510. Your initial consultation is free and you owe no attorney fee unless we win your case.

Lawyers On The Side Of The People

Our accomplished Boise product liability attorneys represent clients in many areas of product liability involving items such as:

  • Household appliances
  • Electronics
  • Bicycle defects
  • Medical devices such as defibrillators, hip replacements and stents
  • Dangerous drugs — over-the-counter or prescription medications
  • Workplace machinery and tools
  • Toys
  • Recreational Vehicles
  • Food products

Product designers and manufacturers are strictly liable for a design or manufacturing defect. It is not necessary for us to prove that a dangerous product was knowingly put on the market — only that it is dangerous when used as intended, or according to its instructions.

When negotiation with a manufacturer’s insurer is not productive, and complex personal injury litigation becomes a battle of experts, we have complete confidence in our vast investigative resources to get the job done. We have access to the leadership and advice of product engineers, manufacturing experts and safety specialists who excel at examining and testing products, reconstructing product liability accidents and proving negligence.

Recent Blog Posts

Here’s How We Can Help In an Idaho Product Liability Case

If you have been injured by a product, we can:

  • Investigate your accident to determine whether a product manufacturer or other party is at fault for your injuries;
  • Arrange for highly qualified experts to inspect and test machinery and equipment for defects;
  • Arrange for unbiased medical experts to evaluate your injuries and economic losses;
  • File suit against the companies and people responsible for your injuries; and
  • Handle trials and conduct settlement negotiations in an effort to accomplish your goals.

Our 5-star rated lawyers have an established record for holding major corporations and their insurers accountable for serious or permanent harm from malfunctioning products sold to the general populace or used by workers.

When negotiation with a manufacturer’s insurer is not productive, and complex personal injury litigation becomes a battle of experts, we have complete confidence in our vast investigative resources to get the job done. We have access to the leadership and advice of product engineers, manufacturing experts and safety specialists who excel at examining and testing products, reconstructing product liability accidents and proving negligence.

Legal Representation You Can Count On

Our lawyers are not afraid of the courtroom or fighting big companies to protect the rights of consumers. We have the knowledge and expertise to handle complex product liability cases and have a large network of highly qualified experts to help us present your case. We have the ability to finance cases throughout litigation. If you want to keep unsafe products out of your home and workplace, then you need Hepworth Holzer, Boise products liability attorneys on your side. Contact us today for a free initial evaluation.

You may want to start your own investigation concerning a defective product. The U.S. Consumer Product Safety Commission has a website at www.cpsc.gov where you can research whether a product has been recalled or even report a product defect that you have encountered.

If you have been injured by a product, it is imperative that you keep the item in a safe place where it cannot be damaged. Do not put the item in a tool shed or garage where weather or extreme temperatures can affect it. It can be very difficult to make a recovery in cases where the product has been lost or sent to the landfill.

If you have been injured by a defective product, consult with an attorney immediately. There are important time limitations on your claim.

If you have been injured by a defective product, we can help with your goal of obtaining maximum financial compensation for your setback.

Frequently Asked Product Liability Questions

Are there different types of product liability casesAre there different types of product liability cases?

There are different types of product liability cases. The best answer to that question is there are a variety of products that can cause or can lead to pursuing a product liability claim. Here are a few examples. Let’s say that you’ve had a hip replacement surgery and you’ve never done well with that hip replacement and you read of have reason to believe otherwise that there could be a problem with the hardware or the medical device that was used during the hip replacement surgery. That would be a specific type of product liability case that involves medical devices that have failed. Frankly, those types of cases are occurring all over the country. It is a pretty common type of product liability case that is being litigated all over the country. Our law firm has handled many of those cases and could help you with determining whether you have a viable case of any type that involves a medical device.

There are other types of product liability cases. For example, cases that involved medical problems related to taking a drug. Many of you may have read about or seen advertisements on TV related to drug litigation. Those are product liability cases. Drug related product liability cases are very expensive cases. It’s probably not practical to handle a single or even a few drug product liability cases where typically the lawyers handling cases involving a drug failure would be handling them as part of a class action lawsuit. Again, if you have questions related to your particular situation, and whether it’s drug related, medical device related, machine related, what have you, our law firm is experienced with handling product liability cases. We can answer your questions, give you some competent guidance, and help you if it falls within something that we have expertise with. Just as important, we give you good guidance on what you need to do if it isn’t something our law firm can help you with. Feel free to give our law firm, the Hepworth Holzer law firm, a call and we’ll help you in any way we can.

Are there time limits that apply to product liability cases?

Are there time limits that apply to product liability cases in Idaho? This is a pretty complex question. A general rule that applies to personal injury cases and therefore arguably to product liability cases in Idaho is you have two years from the date of injury to pursue your product liability claim. Again, that’s a general rule and there are exceptions. This is a topic that underscores the importance of talking to a knowledgeable attorney who will recognize the complexity of the question related to the time limitations for pursuing a product liability claim. Make sure you talk to a knowledgeable and experienced product liability lawyer because time limitations on cases are very important topics. If you go beyond the time limit for a case before you pursue the case, you can prevent it legally from pursuing the case. With a question that is as important as that, consult your lawyer, and make sure you’re consulting a lawyer who is knowledgeable and who you have confidence is giving you good advice. For questions like that, you’re welcome to call the Hepworth Holzer law firm and we’ll meet with you and discuss your case with you and answer questions like that.

Can I settle a products liability claim outside of court?

How do you settle a product liability case outside of court in Idaho? The simple answer to that question is that to be successful with settling a product liability claim in Idaho you want to start with hiring a highly qualified knowledgeable product liability lawyer. Once you’ve hired an experienced, knowledgeable product liability lawyer, your lawyer will know the steps to take in order to evaluate your case, in order to help you identify the experts necessary to prove your case and to take the steps. Whether it involves contacting the manufacturer to explore a resolution to the case or whether it involves filing a lawsuit to begin the process of pursuing a case. It’s important to understand that if you file a lawsuit, that does not necessarily mean that your case will go to trial. Filing the lawsuit is the start of the lawsuit process. Many cases where a lawsuit has been filed will resolve through a settlement before the case goes to trial. Again, the most important part of that answer is hire an experienced, capable product liability lawyer and they can give you the representation you need in order to explore settling your case before it goes to trial. If you have questions like that or other questions related to product liability cases, give us a call at Hepworth Holzer and we will be happy to help you.

How do I choose the right product liability attorneyHow do I choose the right product liability attorney?

The question is how to go about selecting the right lawyer for a product liability case. I’d say the most important consideration as far as picking the right lawyer for a product liability case is you want a lawyer who is experienced with handling personal injury cases because a product liability case is a specialized form of a personal injury case. Personal injury is a broader group of cases. Personal injuries can occur in a variety of ways. For a product liability personal injury case, you certainly want a lawyer who at least has experience with personal injuries. Optimally, you would like to have a lawyer who has significant experience with product liability cases. Now, even again within the general category of product liability cases, there are a number of different types of product liability cases and it may well be necessary to find a lawyer who specializes in the exact type of product failure that was the cause of your injury. That may require going to a national firm but it would be best to start locally because there are a lot of advantages to having a lawyer from your own jurisdiction, in this case, Boise, Idaho, or the jurisdiction of Idaho, to help you with your case. If you have questions about the possibility of a product liability case and you’d like to talk to a lawyer with experience, please give the Hepworth Holzer law firm, a call and one of us will be happy to answer your questions and help in any way we can.

How do I know if I have a product liability claim?

How does an individual know that they have a product liability claim in Idaho? To begin with, a product liability claim refers to any product that fails causing injury to an individual. That definition will hold true whether the case is in Boise, Idaho, or anywhere else in the country. Product liability laws can differ from state to state but that’s the general working definition of a product liability claim. The product failure can be a medical device. It can be a drug. It can be a piece of machinery that doesn’t work properly. The products that give rise to product liability cases can be highly varied but you’ll know that you have a product liability claim if you are injured and the source or the cause of the injury is a product that has failed.

How do I pay for an attorney in my product liability case?

People often wonder how to pay the lawyer for handling a product liability case. Almost all product liability cases are handled by law firms on a contingent fee. Now, there may well be a few limited exceptions to that statement but those exceptions would likely be limited to individuals who have substantial wealth who for whatever reason decide that they would prefer to pay a lawyer by the hour and pay an hourly fee as the case is being worked on rather than paying a contingent fee. A contingent fee refers to a fee arrangement between attorney and client where the lawyer is paid a percentage of the recovery. The percentage can differ from case to case but almost certainly would be 25% or more. The percentage fee is likely to be not more than 40% of the recovery. Somewhere in the range of 25% to 40% is the range the case could fall in as far as the contingent fee the lawyer would charge.

It’s possible the lawyer would charge a different fee depending on whether the case settled, whether the case went to trial, and whether the case was appealed after the trial. Again, that differs from case to case and law firm to law firm. Generally speaking, contingent fees are used for product liability cases, that way you’re not paying the lawyer as the lawyer does the work. You’re not financial stressed as the case is unfolding. You don’t have to pay the lawyer anything if the lawyer doesn’t make a recovery for you. There are a lot of advantages to contingent fees and you should have a good thorough discussion with the lawyer about all aspects of the contingent fee arrangement when you’re selecting a lawyer. If you have questions about contingent fee arrangements or the use of contingent fee arrangements in product liability cases, you should call Hepworth Holzer law firm and any of us can help you with questions related to that topic.

How long does it take to go through a product liability case?

How long will it take, from beginning to end, to go through a product liability case? There’s no simple answer to that question. The starting point for the answer to that question is that the assumption is your case would be filed in Idaho. Frankly, not all product liability cases that we handle are from Idaho at our law firm, are filed in Idaho, but let’s assume your case is filed in Idaho. The time from filing a lawsuit to having your day in trial for a case in Idaho, excluding considerations for the COVID-19 virus, will probably be in the neighborhood of not less than 15 months, not more than 24 months. That’s probably a fair range of time from when you first file the lawsuit to when you will be in trial for the case if the case goes to trial. Many cases settle before trial so obviously if the case does not go to trial, the time would be less than the 15 to 24-month estimate that I’ve given.

There can be appeals following trials and that extends the length of time that it could take to resolve the case by at least a year and probably more than a year. There also may be some time spent investigating the product failure that takes place before you file the lawsuit. That can vary from case to case and that could extend the length of time from beginning to end. Generally speaking, from the time of filing the lawsuit to the time of trial in Idaho is anywhere from a minimum of about 15 months to not much more than about 24 months. If you have questions related to product liability cases or any issues you’re dealing with related to considering whether you have a product liability case, please give us a call at Hepworth and Holzer and we’ll help you any way we can.

Should I send the product that injured me back to the manufacturerShould I send the product that injured me back to the manufacturer?

If you’re injured by a product and you contact the manufacturer of the product to place them on notice that their product has injured you and if the product manufacturer asks you to send them the product, should you do that? The simple answer to that question is no. You don’t want to send the product to the manufacturer because the product is critical evidence that you’ll need in order to prove your case. The product could be lost in the mail. The product could be misplaced by the manufacturer. The bottom line is you need the product in order to be able to pursue your product liability claim. It would be a mistake to send the product to the manufacturer. Now, the manufacturer will probably try to impress upon you the importance of inspecting the product in order to provide you with compensation but you can arrange for the product to be inspected by the manufacturer by retaining the product and giving the product manufacturer an opportunity to come inspect the product while it’s in your control. You can satisfy the manufacturer’s need to inspect the product by giving them an opportunity to come to you to inspect the product rather than delivering the product to them. You can’t afford to lose the product because it’s vital to proving your case. If you have questions about product liability cases, please contact our firm at Hepworth Holzer and we’ll happily answer any questions you have.

What does it cost to pursue a product liability case?

What is the cost of pursuing a product liability case in Idaho? The answer is it can vary dramatically. In product liability cases, most are typically handled on a contingent fee basis. That means that you pay the lawyer a percentage of the recovery at the end of the case. The payment to the lawyer is not based on the time the lawyer spends. It’s based on the outcome of the case. If there’s no recovery, there’s no obligation to pay the attorney. That’s one form of cost that would be involved in the product liability claim. The second, and equally important, type of cost is the cost of hiring experts to help you prove your case. Those costs can be significant. It really depends on the case. A qualified lawyer would have a good discussion with you about the potential costs involved in your particular case to help you understand what those costs might include, whether those costs can be prohibited as far as the feasibility of pursuing the case, whose responsibility it is to pay those costs.

If you are looking into a product liability case, you certainly want to have a clear understanding of the attorney fee arrangement with the lawyer who will be representing you. Just as importantly, you want to have a clear understanding of the costs that will be involved, whether it be paying for experts or other costs that are typically involved. A good lawyer will be able to explain those to you, answer your questions related to those costs, and help you understand whether the case that you’re investigating is feasible from a cost standpoint or not. If you have questions about product liability cases and the costs that are involved, we would be happy to visit with you. Call the Hepworth Holzer law firm and we’ll do our best to help you as you’re evaluating that case.

What type of compensation is available in a product liability caseWhat type of compensation is available in a product liability case?

People often wonder what type of compensation is available to an individual who’s been injured in a product liability case. The answer is that the damages or the compensation that an individual can pursue in a product liability case is pretty much the same as for any personal injury case. The following is a list of the types of compensation that is typically involved in a product liability case.
First and the most obvious type of damage or compensation that you would pursue would be recovery of medical expenses that you incurred as a result of being injured as a result of a product failure. In some cases, individuals will sustain injuries that require ongoing medical care. In those cases, there will be medical expenses that are incurred from the time of the event to the time of trial. In addition to that, there will be ongoing medical expenses into the future and you would pursue the recovery of both. Medical expenses are the most obvious form of compensation that you would pursue in a product liability case.

Some people are unable to work due to the severity of their injury. Those individuals would claim a loss of income. Again, some individuals are only temporarily displaced from their work. Their loss of income may be of a shorter duration. You would pursue the recovery of loss of income from the time of the accident up through the time that you’re able to return to work. Other individuals may have injuries that are so severe that they simply can’t return to work at all or can’t return to the same form of work they were doing before because of the severity of their injury. Those individuals may have claims that involve losses extending over the course of their remaining work life. You can understand from that answer that the claims for loss of income can vary dramatically from case to case and depend on both the severity of the injury and its impact on your ability to work. Loss of income related to your injury is certainly another very common form of compensation that is pursued in a product liability case.

All product liability cases involve a claim for pain and suffering. Pain and suffering is a type of claim that is made to compensate individuals for, not only the physical pain involved with their injury and the suffering that they experienced with their injury, but also it refers to their displacement from being able to engage in the normal day to day activities that they typically would engage in. Whether it’s recreational or a hobby or relationships with family members or loved ones, all of those issues and more come within the topic of pain and suffering. It’s possible to pursue recovery of compensation for those injuries. Some states (and Idaho is certainly one of them) have adopted laws that limit the amount you can recover for pain and suffering damages. It’s important to understand that and to be clear about that as you are making decisions about whether to pursue your case. If you have questions about the types of compensation that you can pursue in a product liability case, again, that’s an important topic to discuss with your lawyer. We at Hepworth Holzer are familiar with those types of questions in product liability cases and we’d be happy to answer your questions and help you decide whether you have a product liability claim and whether it makes sense to pursue it.

Contact Us For A Free Case Review and Assessment Today

Hepworth Holzer lawyers have the legal skills, technical knowledge and trial experience to hold manufacturers and insurers accountable for what happened to you. Contact us today, toll free, to discuss details of your personal injury claim. 877-343-7510.

Thanks to our contingency fee policy, you pay no attorney fees unless we negotiate a settlement you approve, or convince a jury to award damages at trial.

Client Reviews

stars

“During one of the most difficult times my family has ever gone through, the firm of Hepworth Holzer was our saving grace. Kurt Holzer, John Kluksdahl, and the rest of the firm worked tirelessly to get justice for our mother who was needlessly killed as a result of a drunken driving crash involving a negligent company. They not only secured an unprecedented settlement for my sisters and I, but also supported us during the criminal trial. I could not recommend this firm more!”
– W.D.
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Call Our Boise Product Liability Lawyers

If you have been injured by a defective product, you have the ability to hold a manufacturer responsible. Keep unsafe products out of your home and workplace. You’ve got Hepworth Holzer, Boise product liability lawyers on your side. Contact us today for a free initial evaluation.

Call Our Boise Product Liability Lawyers

If you have been injured by a defective product, you have the ability to hold a manufacturer responsible. Keep unsafe products out of your home and workplace. You’ve got Hepworth Holzer, Boise product liability lawyers on your side. Contact us today for a free initial evaluation.

Boise Personal Injury Lawyer J. Charles (

J. Charles Hepworth

Personal Injury Attorney

Boise Personal Injury Attorney John J (

John J. Janis

Personal Injury Attorney

“Boise

Kurt D. Holzer

Personal Injury Attorney