PRODUCT LIABILITY
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William Koska has tried, arbitrated and resolved numerous product liability cases involving fires and burns from electric blankets, heating pads, deep fat fryers and motor homes. He has also litigated numerous cases involving bicycles, trucks, large automotive equipment, engine parts, motorcycles and cars, as well as consumer products such as lawn mowers, blenders and glass water bottles.
He developed particular expertise in the area of consumer product warnings and actually drafted most of the warning language for at least two nationally advertised consumer products still used to this day. As the concept of comparative fault became the law in most states, even when product liability was one of the theories alleged, more and more cases were able to be resolved because the plaintiffs own conduct was taken into consideration. Mr. Koska’s experience in products liability litigation combined with his vast knowledge of environmental issues and laws has lead to cases which require expertise in both areas. |
Product Liability/Toxic Tort Cases
In 2005 and 2006, Mr. Koska defended a fuel distributor in a case alleging the wrongful death of one plaintiff and cancer of another plaintiff, allegedly from inhalation of fumes at an industrial facility in San Diego. Mr. Koska obtained summary judgment for his client after months of litigation. The case is still ongoing, and there are approximately 30 defendants remaining.
In 2006, Mr. Koska defended a paint company from allegations that inhalation of paint and paint thinner fumes had caused pulmonary fibrosis in an individual who had a bilateral lung transplant. The case arose from the first highly publicized environmental raid by Orange County officials and resulted in the conviction of one individual. After a year of litigation, and with a summary judgment looming, the case settled for a very low figure.
In 2006, Mr. Koska defended a paint company from allegations that inhalation of paint and paint thinner fumes had caused pulmonary fibrosis in an individual who had a bilateral lung transplant. The case arose from the first highly publicized environmental raid by Orange County officials and resulted in the conviction of one individual. After a year of litigation, and with a summary judgment looming, the case settled for a very low figure.
Product Liability Cases
In 2006 and 2007, Mr. Koska defended Biddeford Blankets in a case involving a house which was destroyed by an allegedly defective electric blanket. The case involved multiple issues surrounding product identification and foreign component part manufacturers. After a year of litigation, the case was dismissed on motion as to Mr. Koska’s client.
In 1991, Mr. Koska tried the first of numerous cases pending against Sunbeam Corporation around the United States for burns and fire damage due to allegedly defectively designed and manufactured electric blankets. Despite allegations of some 500 prior fires, the case went to a jury verdict. The plaintiff turned down a large six-figure offer, and the jury returned a verdict of 50% fault to the plaintiff and a low five-figure verdict to plaintiff, despite his multiple surgeries for 3rd degree burns. The remaining cases around the United States thereafter settled.
Early in Mr. Koska’s career, he tried and won his first case involving product liability on behalf of the Sunbeam Corporation. The 1973 case involved an allegedly defective electric blanket which had burned down a portion of a house. Mr. Koska continued to handle and try cases throughout the early-1970s and defended actor Beau Bridges in 1976 in a case involving allegations regarding the burning of a home Mr. Bridges was renting. The case resulted in a defense verdict for Mr. Koska’s client.
In 1991, Mr. Koska tried the first of numerous cases pending against Sunbeam Corporation around the United States for burns and fire damage due to allegedly defectively designed and manufactured electric blankets. Despite allegations of some 500 prior fires, the case went to a jury verdict. The plaintiff turned down a large six-figure offer, and the jury returned a verdict of 50% fault to the plaintiff and a low five-figure verdict to plaintiff, despite his multiple surgeries for 3rd degree burns. The remaining cases around the United States thereafter settled.
Early in Mr. Koska’s career, he tried and won his first case involving product liability on behalf of the Sunbeam Corporation. The 1973 case involved an allegedly defective electric blanket which had burned down a portion of a house. Mr. Koska continued to handle and try cases throughout the early-1970s and defended actor Beau Bridges in 1976 in a case involving allegations regarding the burning of a home Mr. Bridges was renting. The case resulted in a defense verdict for Mr. Koska’s client.
Comparative Fault
In 1976, following the California Supreme Court’s historic finding of comparative fault statewide in Li v. Yellow Cab, Mr. Koska tried the first California case resulting in a published opinion involving a percentage finding of comparative fault. In Rangel v. Graybar Electric Co., the appellate court upheld the finding of 95% fault on the part of the plaintiff; Mr. Koska represented the defendant in the matter.
