Product Liability

Among the many risks faced by manufacturers, distributors and retailers are claims arising from allegedly unsafe or misdesigned products. The successful defense of these claims requires not only a thorough knowledge of the substantive law, but a coordinated effort with the company’s internal legal, engineering, industrial hygiene and design teams, as well as outside scientific, manufacturing and medical experts. Ward Greenberg lawyers have broad expertise defending manufacturers, suppliers and sellers in the defense of product liability claims. We have long-standing relationships with nationally renowned experts, and work effectively with those experts, and our clients, to assess, construct and advance solid liability and causation defenses.

Product liability defense is resource-intensive, and can be expensive and distracting to any business. Thus, our goal is to bring the case to resolution at the earliest possible time, and thereby minimize the resource commitments and the disruption to our clients’ business. We have a record of successfully identifying and exploiting opportunities to dispose of cases through focused discovery, early motion practice and creative use of ADR processes. At the same time, we have the experience and skill to take a case to trial if it cannot be resolved.

Many of our product liability engagements include roles as national or regional counsel in complex, multi-plaintiff mass tort or toxic tort matters. For example, we served as national counsel for a Fortune 100 company, and as regional counsel for a large multinational corporation, in hundreds of so-called computer keyboard “repetitive stress injury” product liability actions brought in several state and federal courts. We successfully defended two of the first RSI computer keyboard cases that went to trial. We also successfully defended our clients against several novel product liability claims seeking to hold a parent corporation liable for its subsidiary’s products in the RSI cases. In addition, we assist clients in identifying and securing insurance coverage for product liability claims when an insurer declines coverage, and we counsel clients regularly on product manual content and other product safety and preventative liability issues, such as warnings for compliance with industry standards and regulations.

Representative expertise includes:

• Building Systems and Equipment: HVAC equipment and systems, storage racks, conveyor belts, gas furnaces, and fume hoods.
• Chemical: microelectronic chemical mixtures (including “photoresist”), benzene and other petroleum-derived solvents, automotive paint strippers, beryllium, chromium, cleaning solutions, paints, and chemicals used in the printing, x-ray development and imaging industries.
• Component Parts and Materials: copper tubes and fittings, brass and copper alloy rods, bars and shapes, aluminum and brass forgings, and aluminum tubular products.
• Construction Equipment and Materials: asbestos containing materials, pneumatic saws, contaminated asphalt, cement mixing machines, cranes, heavy industrial equipment and pavement profilers.
• Consumer: lawnmowers, shredders, home electronics, water pumps, water flow system components, gas dryers, beauty products, refrigerators, personal computers, electric blankets, heating pads, air conditioners, air fresheners, gas grills, electric blankets, electric heaters, and kerosene heaters.
• Drugs, Pharmaceuticals & Medical Devices: diet drugs, eye care products, dietary supplements, DES, dermatological ointments, blood and pain medications, surgical implants, catheters, prosthetics, artificial blood vessels and hospital beds, PPA, HRT drugs, and cancer chemotherapeutic drugs.
• Food, Beverages and Tobacco: contaminated and adulterated food, contaminated beverages, coffee, spring water, and tobacco products.
• Industrial: labeling machines, punch presses, injection molding machines, high-voltage transmission equipment, industrial trash compactors, augers, cleaning equipment, forklifts, and vertical drilling tools.
• Packaging: plastic bags, beverage carriers, cardboard boxes, and packaging systems for dry freight vans and flatbed trailers.
• Transportation and Aviation: tires, wheels, truck-tractors, dry freight vans, flatbed trailers and intermodal equipment, snowmobiles, automobiles and aircraft.