416.860.0001

Our Product 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 Product 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 product 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

• Peter F. Yaniszewski

  416-860-0037

  pfyaniszewski@mccagueborlack.com