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Product Liability

Our team provides swift expert legal advice on all product liability and product safety issues that can arise throughout the life cycle of a product.

We advise on a wide range of risk, corporate governance, intellectual property and regulatory issues and offer expert advice on contentious issues like complaints and claims, product recall, crisis management and litigation.

Although predominantly involved in product liability, including pre-litigation planning and litigation management, we also advise clients on liability exposure, risk management and risk avoidance. This includes analysing manufacturing processes, testing protocols and quality assurance programmes, drafting product warnings and instructions and reviewing publicity materials.

We’re also experienced at defending protracted and complex multi-party and cross-border product liability litigation – often involving the management of multiple claims in different jurisdictions.

Product liability problems often develop at speed and in public view and require decisive action to manage regulatory, reputational and crisis management issues. We draw on an international team of specialists to provide comprehensive and integrated legal advice quickly and offer guidance tailored to each client's unique needs.

Our services include:

  • Pharmaceuticals and medical devices
  • Consumer goods, food and beverages
  • Commercial products, equipment and vehicles
  • Toxic exposure
  • Automotive products and component parts

Our experience

Pharmaceutical and medical device litigation

  • advising various pharmaceutical companies on product liability issues, including several successful judgements obtained between 2003 and 2008 in the context of an €80m dispute
  • advising a medical devices manufacturer in defending claims relating to a range of prostheses
  • assisting a major international pharmaceutical company in defending multiple claims following the worldwide withdrawal of a non steroidal anti-inflammatory drug
  • advising a major pharmaceutical company with a worldwide product recall
  • advising a leading medical devices manufacturer (specifically ultrasound, dedicated magnetic resonance and software to manage the diagnostic process) on a product liability case in France
  • representing a pharmaceutical company in blood contamination.

Commercial products, equipment and vehicle litigation

  • defending and assisting the German supplier of reduction gearboxes for the underground railway in Toulouse within expert determination launched after the deterioration of components of the gearboxes during operation
  • advising an international laser manufacturing company in relation to a claim for breach of warranties, misrepresentation and possible fraud on the purchase of the assets of a laser manufacturing business
  • assisting an international company specialised in the manufacturing of engines, snowmobiles and motorcycles in serial product liability claims.

Consumer goods/food

Advising a US company with regard to its liability for defective IT goods distributed in Germany through a commercial agent. Also acting as counsel for a company charged with preparing and/or selling toxic star anise; an alleged violation of the Food Act, resulting in epileptic seizures.

Key contacts

If you have any questions, contact a member of the Product Liability team for assistance:

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