The Chicago Tribune reports that Pella Corp., of Iowa, manufacturer of self-branded windows, has reached a settlement with a Lake Forest doctor who sued Pella over issues with his ProLine series of windows in his home. The doctor brought a class action against Pella Corp. in the name of all owners of ProLine series windows and Pella has agreed to pay those owners between $750 and $6,000 as well as warranty against wood rot.
After purchasing ProLine casement windows from Pella and having them installed in his home, the Plaintiff began to notice that the wood frame for the windows was rotting. Unfortunately, the windows were no longer warrantied and, presumably, Pella refused to repair or replace them for that reason. Thus, in 2006, Saltzman filed a lawsuit alleging that the windows had a design defect that permits water to seep behind the aluminum cladding and cause wood rot. Pella, naturally, denied that there was any design defect in the window and maintained that wood rot could occur for many reasons and did not indicate a design defect.
So Pella's attorneys thought their best route was to say that their windows just naturally disintegrated and rotted and that was what consumers should expect? Somehow knocking your own product is being viewed as a good defense.
Product liability litigation often hinges on expert testimony on the design or performance of products. In this case, Pella is stocked with engineers and other experts that are ready to testify and demonstrate how their product performs to the level consumers expect and they would likely have many explanations for the particular wood rot issues facing owners. Home construction involves many variables, most importantly the home itself as well as the builder's competence. While Pella may have been able to mount a defense in that capacity, the presence of this article in a major newspaper is not attractive to a Midwestern company that markets its products as superior to the competition at keeping the elements out of the home while maintaining a stylish look.
Sometimes attorneys need to realize that the best advice for their client may be something that they do not want to hear, but need to be aware of before deciding to keep a fight going that ultimately hurts business interests. Nair Law LLC handles both sides of this dilemma. We represent businesses and defend against product liability claims but we also represent consumers harmed by shoddy products entering a robust marketplace and deceptive claims by manufacturers trying to get a leg up on their competition.
So Pella's attorneys thought their best route was to say that their windows just naturally disintegrated and rotted and that was what consumers should expect? Somehow knocking your own product is being viewed as a good defense.
Product liability litigation often hinges on expert testimony on the design or performance of products. In this case, Pella is stocked with engineers and other experts that are ready to testify and demonstrate how their product performs to the level consumers expect and they would likely have many explanations for the particular wood rot issues facing owners. Home construction involves many variables, most importantly the home itself as well as the builder's competence. While Pella may have been able to mount a defense in that capacity, the presence of this article in a major newspaper is not attractive to a Midwestern company that markets its products as superior to the competition at keeping the elements out of the home while maintaining a stylish look.
Sometimes attorneys need to realize that the best advice for their client may be something that they do not want to hear, but need to be aware of before deciding to keep a fight going that ultimately hurts business interests. Nair Law LLC handles both sides of this dilemma. We represent businesses and defend against product liability claims but we also represent consumers harmed by shoddy products entering a robust marketplace and deceptive claims by manufacturers trying to get a leg up on their competition.
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