Products Liability - Consumer & Mechanical

Interdisciplinary team 

• Trial attorneys who have tried product liability cases in some of the most difficult jurisdictions in the country
• Attorneys who have defended companies against well-coordinated attacks in multiple jurisdictions seeking to force settlements by requesting privileged information and filing high-volume lawsuits in difficult jurisdictions
• Attorneys who have defended or pursued claims against other companies who blame our clients for business losses allegedly arising from important safety or performance issues
• Attorneys who can lead internal risk assessments of product performance data
• Attorneys who will assist you in responding to and resolving government investigations into the safety of products across different industries
• Former in-house counsel and experienced trial attorneys who understand how to advise your Board of Directors and management on risk mitigation and strategic defense of product lines

Managing product liability risks across industries and throughout the value chain 

Product liability risks can arise at any point, creating conflict with suppliers and customers, including the end-point customer.  We help reduce this risk and resolve these conflicts, whether through litigation or negotiation, in the following industries

• Consumer appliances and components
• Construction products, including doors, windows, and siding
• Automotive, including passenger cars and commercial vehicles
• Automotive components, including tires
• Heavy equipment, including earth moving equipment, cranes, and aerial devices
• Industrial equipment, including press brakes and other manufacturing equipment
• Ladders, scaffolding, and climbing equipment
• Recreational vehicles, including RVs, motorcycles, ATVs, and watercraft
• Outdoor recreational products, including products for hiking, camping, cycling, skiing, fishing, hunting, off-road/power sports, shooting sports, archery, paddling, diving, running, and other outdoor activities

Whether reducing risk before litigation arises or defending product liability litigation or government investigations, we can help protect your company

Our experience includes helping in-house counsel manage large litigation dockets, coordinated attacks by the plaintiffs’ bar arising from product liability issues, or the one-off case in a difficult jurisdiction.  We've helped business leaders navigate the difficult terrain of litigation against former or current business partners for product-related performance or safety issues.  We also defend companies that become the target of aggressive government investigations arising from product-performance issues and work with manufacturers, importers, and distributors on regulatory compliance and product safety issues, including product recalls and related events.

Our lawyers are problem solvers who can help mitigate product-related risk during all phases of product life cycles – during development, marketing, after sale

• Product risk assessment – before a product goes to market to proactively reduce risk
• Internal product risk assessment – to evaluate field performance issues
• Crisis management – when issues arise, with an eye toward litigation risk mitigation
• Expert witness identification and preparation – to advise and potentially serve as litigation witnesses (including security experts, criminologists, physicians, accident reconstructionists, biomechanical engineers, economists, vocational rehabilitation experts, and child psychologists/psychiatrists)
• Integrated approach to analysis of potential risks – including a team approach and access to our attorneys in related but varied practice areas such as product liability, toxic torts, employment, real estate, bankruptcy, and corporate matters
• Internal and external communications plans with your board of directors, customers, and law enforcement
• Identifying investigators – providing experience and discretion to thoroughly document and assess the facts
• Joint defense strategies – experience coordinating a defense with similarly situated companies and business partners
• Litigation defense – through discovery, settlement negotiations, alternative dispute resolution, and—when necessary—trial and appeal
• Litigation plans and budgets – providing strategic litigation plans and budgets  to help  "right size" the defense based on the issues at stake
• Litigation readiness guidance – ensuring appropriate and effective response to litigation when it arises
• Medical causation analysis – based on decades of experience evaluating evidence of specific causation in a variety of contexts
• Opposing expert strategies – including investigating and examining opposing experts, their backgrounds, qualifications, and the reliability of their work
• Witness deposition preparation – guiding your employees for an effective defense with minimal disruption to their business responsibilities

Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

• Serve as national product liability counsel for one of the world’s largest appliance and consumer product companies
• Serve as national product liability counsel for one of the world’s largest tire manufacturers
• Serve as national product liability counsel for one of the world’s largest manufacturers of outdoor products
• Serve as national product liability counsel for one of the world’s manufacturers of light transportation vehicles
• Serves as regional counsel for large beauty, personal care, and cleaning products company
• Serve as South Carolina counsel for international heavy equipment manufacturer
• Won a defense verdict in emotionally charged product liability case brought by widower against industrial product manufacturer
• Won summary judgment for industrial product manufacturer in product-liability case involving amputation
• Served as national product liability counsel for tool manufacturer