Product Liability

Product liability litigation comes in many different varieties, including:

• personal injury and wrongful death litigation arising from accidents caused by allegedly defective products;
• fire and property damage litigation resulting from products that allegedly failed to perform as intended or as warranted;
• insurance subrogation litigation resulting from an insurer’s payment to an owner for the damage to the product following a fire or accident;
• litigation over a product’s failure to conform to its warranty such that it leaves the owner with a worthless product or series of products, like a fleet of vehicles, which then require significant repairs or alterations.

Product liability is often based on tort law, which addresses whether an accident or injury was caused by a manufacturing defect, a design defect, or a failure to provide appropriate warnings or instructions regarding a product’s dangers. It can also be based on contract law where the manufacturer, seller, and purchaser are all sophisticated businesses and a contract and/or warranty define the scope of the product’s anticipated performance and the rights and obligations of all parties in the event of the product’s failure.

We have extensive experience in advising clients in all aspects of product liability and in litigating these claims to successful conclusions when necessary. We have defended product manufacturers and sellers involving a wide array of commercial and consumer products, including:

• Luxury motor coaches, motor homes, and transit buses
• Aircraft and aircraft components
• Automotive batteries and components
• Lawn tractors
• Construction products and machinery
• Agricultural seed and machinery
• Recreational products

For more information about our product liability work, contact one of the professionals on this page.