Product Liability & Complex Tort

It has become commonplace for all types of products—from vitamins and nutritional supplements, to heavy equipment and machinery—to be the subject of a product liability claim. Manufacturers, distributors, and retailers of products and consumer goods must be prepared to respond to serious product liability claims in state and federal courts. It is equally important to prevent future claims and mitigate risk through product safety and liability counseling.

HOW WE HELP

Attorneys in our Product Liability & Complex Tort practice represent clients in a broad range of individual, multi-plaintiff, and class action lawsuits, in matters involving regulatory agencies and in alternative dispute proceedings. Our litigation and counseling experience allows us to handle complicated cases efficiently and successfully in jury and bench trials and appellate proceedings before state and federal courts, and in international courts. We offer extensive counseling and audits in such areas as facilities and equipment safety, product labeling, manuals and warnings, employee training, disclaimers, advertising, and product recalls—all aimed at lowering the potential for liability. We also advise clients in establishing proper procedures, documentation, and compliance to avoid trouble and prevent costly claims before they happen.

When claims are unavoidable, our experienced attorneys are poised to successfully defend clients in trial courts and appellate venues throughout the US and internationally, and in matters before or involving regulatory agencies such as the Federal Trade Commission (FTC), Food and Drug Administration (FDA), and Consumer Product Safety Commission (CPSC). As a full-service international law firm, we are well-positioned to defend our clients in multi-state and “copy-cat” litigation, and we frequently alert our clients to cross-jurisdictional trends in the areas of product liability and complex torts.

We represent companies in a variety of industries, including international and domestic manufacturers, distributors and retailers of products, raw materials, and component parts, such as food, beverages and dietary supplements, cosmetics and personal care products, cannabis, medical devices, construction supplies, heavy machinery, chemicals, metals, transportation equipment, pesticides, paints, sports equipment, textiles, and other consumer products.

Our attorneys also represent pharmaceutical, biotechnology and medical device companies, and research organizations, in the development, approval, manufacture, and marketing of products regulated by the FDA. We counsel clients and assist in defending and resolving inspection, compliance, recall, and enforcement actions taken by the FDA and other federal and state agencies.

THE SEYFARTH EXPERIENCE

In addition to our across-the-board inclusive, accessible, and responsive approach, we have applied the firm’s advanced delivery resources to maximize efficiencies and streamline communications. Where appropriate, we use product liability process mapping, right-sized and cross-disciplinary staffing, flat and fixed fees, and matter management to protect our clients’ bottom line.

Our attorneys can develop accident and mass tort contingency plans and assist with media and public relations procedures. We also have significant experience handling toxic tort litigation that does not emanate from products, such as environmental toxic torts, groundwater contamination, and similar events.

Members of our group are also part of the firm’s interdisciplinary Advertising & Marketing group. We know the regulations applicable to food, beverages, dietary supplements, textiles, cosmetics, and other personal care products and how those regulations can be used in litigation relative to state law and other claims. We advise companies on a wide variety of matters to help safeguard their most valuable assets and maintain an advantage over competitors.