Products

Liability

Products Liability

We handle cases that are typically complex, involving many parties and issues, including questions of insurance, engineering and design defect and regulatory law. While each case presents different facts, products liability cases often involve similar or related questions, such as whether the product was used as intended, if it was reasonably safe as designed, if the risks were known, if recalls were announced appropriately and more. We defend our clients from claims involving machinery and equipment, components and replacement parts, allegations of negligent or defective design, bystander injury, construction related matters (defects in materials and equipment causing personal injury, and damages that are purely economic in nature), marketing, warnings and installation and/or removal.

We apply the concept of “appropriateness” to these complex cases and have a dedicated team of attorneys, paralegals and staff experienced in litigating them, and efficiently managing the voluminous records and documents that are typically involved. Our complex litigation services handle matters from pre-suit case management through the appeal process, whether in the individual suit, mass tort or class action. Because these cases are appropriately staffed and assessed early to provide reasonable and achievable litigation goals, the client can better balance cost and value in keeping with its own strategic goals.

In addition to litigation services, we provide risk management counseling and education to our clients. Manufacturers and sellers face stringent regulations under state and federal law, and we provide assistance with pre-launch product audits, product recalls and risk management strategies to ensure regulatory compliance. We regularly advise retail clients on regulations resulting from the Consumer Safety Product Act and the Consumer Product Safety Improvement Act of 2008. We also advise clients on the Food, Drug and Cosmetic Act and the Textile Wool Act and advise local businesses exporting products overseas on the European Directive Restriction on Hazardous Substances or ROHS.

Products Liability

Attorneys

Cindy G.
Flynn

Insurance Defense, Class Actions,
Civil and Commercial Litigation,
I-502 Implementation
Nicholas P. Scarpelli, Jr.

Nicholas P.
Scarpelli, Jr.

Civil & Commercial Litigation,
Insurance Defense,
Class Actions

Emilia L.
Sweeney

Civil & Commercial Litigation,
Consumer Product Regulations,
Class Actions

S. Jay
Terry

Construction Litigation,
Real Estate,
Civil & Commercial Litigation
Timothy K. Thorson

Timothy K.
Thorson

Toxic Tort,
Products Liability Defense