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.