Scott Brooksby is an Oregon personal injury defense and commercial litigation attorney. For over two decades, Scott has devoted himself to various forms of complex litigation in the defense of businesses, manufacturers, distributors, and organizations.
Scott is one of the leading product liability lawyers in Oregon. His experience includes cases involving hundreds of different kinds of products. He has defended and counseled product manufacturers and distributors in a variety of industries, including: aviation, drugs and medical devices, toys and recreational products, paints and solvents, power tools, heavy equipment and machinery, retail, food, consumer products, and automobiles. Scott has first-chaired product liability, aviation, and business tort cases throughout the State of Oregon. Before opening his own firm, Scott served as the former co-chair of a large West Coast law firm's product liability practice group.
In cases that do not necessitate a trial, Scott is a skilled negotiator who has resolved hundreds of cases through arbitration and mediation. He has successfully argued many motions that resulted in the dismissal of claims, or outright dismissal of his client.
Scott's experience defending against product liability attacks ranges from small defective product claims to catastrophic injury and wrongful death cases involving punitive damages. He has experience with medical treatment issues that result from falls, burns, and amputation injuries in manufacturing facilities.
As one of the few lawyers in Oregon with significant aviation litigation experience, Scott has litigated helicopter and plane crash cases, as well as aviation component part product liability claims. Scott was co-counsel on a team that defended a large aviation product manufacturer in a months-long trial.
Scott has provided representation for a wide variety of product claims involving electrical and gas powered consumer products, large fire loss claims, mobile and industrial equipment, airplanes, elevators, and medical devices. Scott also has experience handling product recalls and modifications. He is an Oregon Super Lawyer for product liability defense and he is listed in Best Lawyers in America© for product liability litigation.
To help his clients avoid litigation, Scott provides on-call assistance and counseling for the prevention of litigation. He advises Olson Brooksby's clients concerning media relations, product labeling, product warnings, product recalls, instructions and instruction manuals, compliance issues, and comprehensive risk assessments. Scott also has extensive experience with product regulation issues involving the CPSC and the NTSB.
Scott regularly assists his clients with the authoring of current manuals and handbooks, safety protocols and best practices, and document preservation. Scott also gives management presentations and employee trainings on request.
Litigation, including Aviation and Product Liability DEFENSE
- Represented an international toy company in a fire allegedly originating from the battery charger in a toy car.
- Co-tried a nine-week product liability helicopter crash case for one of the largest aviation manufacturers in the world.
- Represented a helicopter manufacturer in a lawsuit arising from a heli-logging accident and achieved a favorable result.
- Represented a Spanish health equipment manufacturing conglomerate in a serious brain injury case to a favorable resolution.
- Represented a national retail chain in a personal injury case where an unsupervised toddler fell two stories down an escalator shaft.
- Represented a manufacturer and distributor in a high-profile product liability case with national exposure involving a child who ingested a piece of toy jewelry made of lead. The child allegedly sustained brain damage. Scott also advised the client on media management and shaping the case for successful resolution through pretrial motions. The case was resolved through a settlement.
- Represented a major national retail fabric store chain in a premises liability action where the plaintiff was severely injured after falling on the premises. After a jury trial in U.S. District Court, the jury returned a verdict in favor of Scott’s client, the defendant retailer.
- Defended a major international manufacturer of inflatable aquatic recreational products in a six-day jury trial involving alleged product defects, as well as a claim for millions of dollars in damages. The case was favorably resolved during jury deliberations.
- Represented a beverage distributor and its truck driver employee in a jury trial where the plaintiff suffered serious spinal injuries. In an admitted liability trial, the jury awarded the plaintiff a fraction of the requested damages.
- Represented a national public utility company in a catastrophic accident case in which three men were killed and another seriously injured. The case was resolved during an early mediation.
- Represented a worldwide manufacturer of high-voltage utility equipment in an electrocution case based on product liability and negligence theories. The trial court granted summary judgment for the manufacturer based on the statute of ultimate repose.
- Represented a worldwide beverage manufacturer in a case alleging food contamination. The case was resolved before trial while legal motions were pending.
- Represented one of the world's leading pharmaceutical and orthopaedic implant manufacturers in several cases involving allegations of millions of dollars in damages due to allegedly defectively designed or manufactured medical devices. The cases were resolved through early alternative dispute resolution.
- Defended a restaurant against a lawsuit alleging serious crush injuries to a blind man who fell head first into an open and unguarded sidewalk elevator shaft in front of a restaurant used for deliveries. The steel doors that lifted from the sidewalk exposing the shaft slammed shut on the plaintiff as he fell, suspending him in mid-air and crushing his legs.
- Co-defended an investment company accused of wrongfully assisting a software company’s misappropriation of trade secrets valued at $24 million. After a three-week trial, the jury returned a defense verdict.
- Co-defended a biotechnology company in a case alleging patent infringement and misappropriation of trade secrets. The case settled the day before trial for an eight figure cash settlement and other favorable remedies.
Scott has experience with many product liability cases, including:
- Aviation, aircraft and their component parts.
- Mass torts.
- Paints, solvents, coatings, detergents, and pesticides, including benzene and toluene cases which resulted in liver and kidney transplants.
- Toys and recreational products, including paint ball guns, toys containing battery fire hazards, pogo sticks, pools, lead toys imported from India that were swallowed by children, toys allegedly containing lead paint, and inflatable and other recreational towables pulled behind boats.
- Tempered glass and conventional glass.
- Foreign objects or other alleged dangerous defects in food and drink products and packaging.
- Drug and medical device cases, including fraudulent vitamins and device replacements for hips, knees, ray cages and pedicle screws.
- Home appliance cases involving allegedly defective washers, dryers, stoves, heaters and heating equipment, green technology, and water heaters.
- Chemicals that resulted in a fatal automobile fire, burning a family of five, including fatal burns to two children.
Outside General Counsel and Risk Management Consulting Services
- Served as outside national coordinating counsel to a Northwest-based manufacturer of heating equipment. Advised on all matters, including product liability, employment, insurance, business, trademark, contract analysis and negotiation, environmental, toxic tort, operations, and risk management best practices. Supervised outside local counsel and coordinated multi-state litigation and strategy.
- Served as outside general counsel to a national membership warehouse club regarding contractual provisions concerning vendors. Analyzed and negotiated contracts concerning indemnity and alternative dispute resolution clauses.
- Served as outside general counsel to one of the largest restaurant franchise owners in the country regarding all issues, including environmental regulation, contracts (including franchisee as well as licensing and separation agreements), and employment matters.
- Served as an advisor to the western U.S. region of multiple worldwide religious organizations on issues related to internal employment practices and best practices for investigating potential tort claims, working with governmental agencies, and mandatory child abuse reporting obligations.
Articles & Presentations
- Panelist, "The Case for Civility," 24th Annual American Bar Association National Institute on Aviation Litigation, Chicago, IL (June 14, 2018)
- Co-Author, "What Can Be Done About Pilot Depression, Suicide, and Other Flight Crew Mental Health Issues?", American Bar Association, Mass Torts Litigation Section (Nov. 9, 2017)
- Author, "The Danger of Bird & Animal Strikes in Aviation: What Can be Done?", International Air & Transportation Safety Bar Association, Air and Transportation Law Reporter (October 2017)
- Speaker, "The Claims are Paid, Now What? Subrogation!", Aviation Insurance Claims Conference (AViCON), Stevensville, MD (September 12-15, 2017)
- Moderator, "Insights from the Decision Makers: Perspectives on Selecting and Working with Outside Counsel", 23rd Annual American Bar Association National Institute on Aviation Litigation, Chicago, IL (June 8, 2017)
- Speaker, "Flight Crew Mental Health Issues Including Pilot Depression and Suicide: What Can Be Done?", 23rd Annual American Bar Association National Institute on Aviation Litigation, Chicago, IL (June 8, 2017)
- Author, "Pilot Mental Fitness in the Context of the International Mental Health Crisis", Air & Transportation Law Reporter, International Air & Transportation Safety Bar Association, Issue No. 4, p. 12 (February 2017)
- Author, "Pennsylvania Court Takes New Approach in Forum Non Conveniens Dispute", American Bar Association, Mass Torts Litigation Section (December 23, 2016)
- Speaker, "How to Improve Aviation Safety in the Wake of GermanWings (and SikAir, EgyptAir Flight 900, and More)", AViCON--an annual conference focused on aviation industry accident investigation, and conflict and claim resolution, Baltimore, MD(September 28-29, 2016)
- Speaker, "Germanwings 9525 and Pilot Mental Health", Columbia Aviation Association, Aurora, OR (September 2, 2016)
- Speaker, "Post-Germanwings: An In Depth Discussion of the Legal, Regulatory, Public Safety and Ethical Considerations", American Conference Institute’s 8th Annual Forum on Defending and Managing Aviation Claims and Litigation, New York, NY (June 27–28, 2016)
- Author, "The MMTJA and the Battle to Establish General Personal Jurisdiction in Foreign Aviation Disasters", American Bar Association Mass Torts, Summer 2016 (June 21, 2016)
- Speaker and Moderator, "Birds, Pets, Lasers, Stowaways, and Other Hot Topics in Aviation", American Bar Association's 22nd Annual National Institute on Aviation Litigation, New York, NY (June 1, 2016)
- Speaker, "Takeaways on Forum Non Conveniens and Related Issues in Multi-District Litigation After Air France 447", 3rd Annual Western Regional CLE Program on Class Actions and Mass Torts, San Francisco, CA (May 27, 2016)
- Speaker, "Obtaining Testimony From the NTSB", International Air and Transportation Safety Bar Association Conference, Washington, DC (April 30, 2016)
- Author, "Court Holds Air Carrier Access Act Preempts Passenger Claim Arising From Service Animal Dog Bite", American Bar Association, Mass Torts, Practice Points (Mar. 31, 2016)
Author, "The Uphill Climb to Establish General Personal Jurisdiction over a Foreign Corporate Defendant in Aviation Cases", American Bar Association Mass Torts, Practice Points (Jan. 29, 2016)
- Author, "Bird Strikes and Aviation: Facts and Fault", American Bar Association, Mass Torts, Practice Points (Dec. 7, 2015)
- Author, "Aircraft Wheel-Well Stowaways: Can Security Breaches Lead to Mass Torts?", American Bar Association, Mass Torts, Practice Points (Oct. 9, 2015)
- Author, "Aircraft Laser Incidents: A Clear and Present Danger to Aviation Safety", American Bar Association, Mass Torts, News & Developments (June 22, 2015)
- Speaker, "Helicopter Accidents: A Review of Recent Cases of Interest", American Bar Association's Aviation Litigation National Institute, New York, New York (June 2015)
- Author, "Consent Provisions in Lease Agreements: Must the Lessor Act Reasonably?", International Association of Defense Counsel, Business Litigation Newsletter (April 2015)
- Speaker, "Federal Rules of Evidence: Treatment of NTSB Reports and Underlying Findings," American Bar Association Aviation National Litigation Institute, New York, New York (June 6, 2014)
- Author, "Secondary Processes Don't Translate to Secondary Risks," FF Journal (April 2014)
- Author, "Danger in the Skies: To Curb Medical Helicopter Crashes, Focus on Pilot Haste, Experience," ModernHealthcare.com (2013)
- Author, "Assess Your Technology Ladder When Addressing Burn Risk," Manufacturing.net (2013)
- Author, “Helping the Client Be Both Successful and Responsible,” Strategies for Limiting Product Liability, Aspatore Books (2007)
- Speaker, "Strategic use of the media in high profile cases," ADTA Regional Meeting, New Orleans (2004)
- Co-Chair, Products Liability Seminar, DRI Young Lawyers Division Breakout (2002-2004)
- Author, "Expert Methodology/Failure to Follow Methodology," Defense Research Institute Daubert Compendium (2002, 2004 and 2006 editions)
- Speaker, "Seeing is Believing: The Use of Videotape Demonstrative Evidence at Trial", Defense Research Institute Product Liability Committee Meeting (2001)