Product Liability

Product Liability Law is one of the fastest growing practice areas at Burnham Brown. We have extensive experience in all aspects of product liability litigation, from mass tort class actions to single product cases. We represent manufacturers, wholesalers, retailers and intermediaries, in litigation, claim management, loss control, and product development. We have also served as coordinating counsel in multiple claim product litigation on the local and national levels. We are well qualified to defend bodily injury and property damage lawsuits based on negligence, misrepresentation, strict product liability and breach of warranty. Our clients also benefit from our expertise in analyzing regulations, and preparing product use instructions, warnings, warranties and communications with government regulatory agencies.

Burnham Brown offers our clients the resources and experience to proactively resolve all types of product liability disputes in a wide range of industries and product categories. Our network of experienced, highly regarded experts in engineering, human factors and accident reconstruction gives our clients an important advantage in complex cases. Many of our attorneys are also active in nationally recognized professional associations, including the Defense Research Institute and the American Bar Association.

Areas of Expertise

Product Liability Litigation

Regularly defend and try product liability cases
Defend catastrophic personal injury and wrongful death lawsuits arising out of defective product and component part claims
Jurisdiction analysis and advice
Lead Counsel for Complex litigation management
National coordination of multi-party litigation

Representative Products Defended

Chemical-Based Products - pesticides and herbicides, cleaning solvents, gasoline additives
Consumer Products - home appliances, cleaning products, child safety equipment, cosmetics, toys
Pharmaceutical Malpractice
Pharmaceuticals - Metachlopramide; herbal medications; homeopathic remedies; vitamins and supplements
Medical/Health Care Devices - breast implants, wheelchair and walkers
Elevators and escalators
Heavy/Industrial Equipment - automobile jacks, ladders, fork lifts, conveyor belts, valves, inductor furnaces, forges, indusrial furnace, kilns, windows, pipe manufacturing
Agricultural/Construction Equipment - tractors, cranes, produce machinery, power tools
Sports/Recreation Equipment - bicycles, hot air balloons, ski equipment, scuba equipment, boats, golf carts
Building Materials - asbestos, hardboard siding, plastic pipes, lead paint, sealants, roofing, waterproofing, cladding materials, electrical

Representative Engagements in Product Liability Litigation

Defended multiple wrongful death and catastrophic personal injury lawsuits arising out of claims of defective products and machinery used in the fruits, vegetables and fresh produce industries
Served as coordinating counsel in national class action alleging installation of defective residential plumbing pipe
Defended AT&T against alleged defects in commercial telephone equipment
Defended distributor of dry cleaning equipment against strict liability lawsuit
Obtained full indemnity on behalf of a major U.S. retailer sued for personal injury caused by a defective chair manufacturer in China
Defended chemical manufacturer of medical respirator in lawsuit alleging product defects
Defended chemical manufacturer in lawsuit alleging toxic exposure to technology product assemblers
Defended distributor of pneumatic tools against repetitive stress injury claims
Defended numerous manufacturers in power press and blow molder liability actions
Defended refrigerator manufacturer and parent companies in nationwide class action alleging violations of consumer fraud & unfair constitution statutes. The class action lawsuit, which followed an extensive federal government recall, required Burnham Brown to create a comprehensive ESI database of relevant information and claims filed in all 50 states. The class action lawsuit also involved claims of alter ego. Burnham Brown has also defended multiple individual product liability lawsuits arising out of alleged defects in these refrigerators. We coordinated nationally with law firms defending individual product liability claims in other states. Burnham Brown was a leader in the creation of a nationwide team of highly qualified scientific experts who strongly rebutted the defective product claims.

Insurance and Indemnity Contracts

Coverage analysis
Litigate, arbitrate and mediate Indemnity contracts
Wholesale/retail agreements
Write and negotiate indemnity clauses

Risk Management and Loss Control

Provide product liability exposure
Provide product recall analysis and coordinate recall compliance and implementation with ongoing litigation to comply with local, state and federal regulations
Assess product labeling and disclaimers, including compliance with California's Proposition 65
Strategic Planning on all aspects of product liability exposure and analysis of related catastrophic injury and death claims

Alternative Dispute Resolution

Indemnity, warranty and contract analysis
Arbitration
Mediation

Warranty and Contract Analysis

Sales contract analysis
Warranty preparation and interpretation
Distribution contracts

Advice and Counsel

Negotiate distribution and indemnity agreements
Prepare and interpret product warnings and warranties
Counsel and represent clients before administrative agencies regarding product labeling and regulation
Advised cosmetic suppliers regarding federal preemption and regulation by the FDA
Represented major oil companies regarding MTBE fuel additive

Any questions regarding Product Liability Law, please contact Paul Caleo, Richard J. Finn or Rohit A. Sabnis at 510-444-6800.

Overview