Products Liability

Practice Areas

Avoiding products liability claims does not happen by chance. Rather, it is accomplished by a commitment to manufacturing quality products and the implementation of processes and procedures to ensure that quality is maintained.

Still, claims can occur. Minimizing exposure to the potentially devastating impact of claims requires the formulation and execution of timely and effective responses. We can assist.

Services

Our Products Liability Group is comprised of lawyers with collective experience in virtually all classes of products and production processes, as well as personal injury and property damage claims.

Possessing the ability to effectively converse and collaborate with a wide array of engineering, medical, accounting, management, and insurance professionals, our lawyers are uniquely positioned to provide a broad range of services to both the insurance industry and product manufacturers in the following areas:

1. Risk Management

To help our clients minimize the chance of claims arising, the Products Liability Group provides advice across a spectrum of management initiatives including:

quality assurance protocols
document retention procedures
product sale documentation (warnings and liability limitations)
loss and claims management protocols
evidence preservation procedures

2. Defence and Subrogation

We have a reputation for professionally and aggressively defending our clients against claims, and pursuing subrogation. We are able to bring to bear extensive trial and alternative dispute resolution (ADR) experience to protect the reputation of the manufacturer and the product, and to obtain expeditious resolution of the claim. Whether acting on the defence of large class action proceedings, the pursuit of subrogated recovery in highly technical matters, or resolving claims within modest deductibles, lawyers within our Products Liability Group are committed to working closely with our clients to implement cost-efficient, innovative, and proactive solutions.

3. Coverage

When products liability claims arise, prompt and accurate identification of potential coverage issues can have a dramatic impact on exposure assessment and the formulation of appropriate strategies to minimize loss and achieve timely resolution. We routinely provide advice on complex coverage issues, including:

identification and analysis of exposures, insurance needs, and coverage options
development and modification of policy wordings prior to issuance of the policy
identification and analysis of the appropriate a "trigger" of coverage
identification and analysis of potentially applicable exclusions
identification and analysis of overlapping or concurrent coverages
development of reservations of rights and non-waiver agreements

416.860.0001