Active, Attentive & Effective Representation


On Behalf of | Dec 13, 2018 | Product Liability |

padastrain-and-scooter (1).jpg

Pat Brogan and her husband wanted to have some fun in San Diego but they did not want to use a car to get around all day. They figured they would rent two Lime scooters. Despite being 63, they are both active and avid exercisers. They could handle a scooter, no problem. 

Unfortunately, Brogan discovered that her brakes did not work. She figured that out on a decent down a steep hill.

“I blew through three intersections and luckily didn’t get hit,” she said. “I’m not going 25 mph heading toward six lanes of traffic.”

Brogan ended up in the hospital with severe injuries to her hand that have required two surgeries. Doctors and nurses have pointed out that many of the injuries they have seen due to scooter incidents happened because the scooter was defective.

At Hiden, Rott & Oertle, LLP, we know that these kinds of cases can get confusing, especially when looking for a way to recover compensation. If you need a San Diego product liability attorney, you can count on us to help.


Before we get into product liability, here are a few examples of why products are currently being recalled. All of these are right from the government recall website.

  • Infant ibuprofen recalled because of elevated levels of the medication.
  • Undeclared pecans and cashews in a chocolate tray.
  • Peanut butter cereal with potential Salmonella contamination.
  • Dresser has a risk of tipping over.

We typically see that there are three ways in which these cases arise, and all of them have the potential to cause great harm:

  • Manufacturers have a duty to ensure they put out safe products, but sometimes things go wrong. Often, there is a design flaw that affects an entire line of products. Eventually, this design flaw can cause major harm to consumers.
  • Other times, there is a manufacturing flaw that alters a product from its original design, making it hazardous to consumers.
  • Labeling problems pose a major threat to consumers. All foods should have their ingredients listed, including possible allergens. Medications should have all side effects listed as well as proper dosages. If a product could be a hazard in any way, a manufacturer should place a warning on the product’s package so the consumer is aware.


If you or a loved one have been harmed by a product you have used or consumed, please seek legal assistance as soon as possible. Product liability cases can become complex due to how many companies may be involved. For example, in the case above, a person needs to look into the practices of Lime, the company who makes their scooters, the people who repair the scooters, as well as any individuals responsible for moving them around the city.

At Hiden, Rott & Oertle, LLP, we are ready to take your case. When you need a San Diego product liability attorney, you can contact us for a free consultation by clicking here or calling our office.