Product Liability and Insurance

We have in-depth experience in product liability matters involving a broad range of products, consumer products, medical devices, and industrial products. Our practice includes both advising our clients on reducing product liability risks in commercial transactions and corporate structures and representing them in product liability disputes. Our expertise across a variety of industries and products enables us to competently assess our clients’ product liability exposure and devise strategies that are tailored to their specific situation.

Our product liability practice especially focuses on the representation of foreign manufacturers in the United States. Because of the longstanding experience in cross-border product liability matters and their sensitivity to the differences between foreign legal systems and business cultures and those of the United States, our product liability lawyers are particularly well-equipped to handle issues of jurisdiction, evidence, varying standards, and juror perceptions that are peculiar to cross-border disputes.

Our product liability and related insurance practice includes:

  • Developing strategies to reduce product liability risks in connection with the sale and distribution of products in the United States,
  • Counseling on, and drafting of warnings, instructions, and counseling on insurance coverage for the U.S. market, especially for foreign manufacturers entering the market for the first time,
  • Defense of manufacturers and others in the chain of distribution in state and federal courts throughout the United States,
  • Assisting with issues of recalls and retrofits, including dealings with the Consumer Product Safety Commission, and coordinating with counsel dealing with administrative authorities in other nations,
  • Handling warranty disputes, including litigation and arbitration,
  • Assisting manufacturers with issues related to claim notices to insurers, and
  • Coverage disputes, representing both insureds and insurers, whether for primary or excess coverage.