Product Liability

Saul Ewing Arnstein & Lehr’s product liability lawyers advise on a wide range of risk management and litigation matters for various products—from medical devices and pharmaceutical products to consumer goods and industrial products. We guide domestic and foreign designers, manufacturers, distributors, and retailers through litigation, risk reduction and regulatory compliance.

Litigation

Our litigators handle complex claims, including those involving catastrophic injury and death, defending clients in state and federal courts across the country in single claims, class actions, mass torts and multi-district litigation. When defending any type of product in any U.S. jurisdiction, we partner with our clients to first develop a pragmatic action plan that minimizes risks, costs and invasiveness to our clients’ businesses, with a sharp focus on the bottom line.

In addition, we serve clients as national and regional trial and coordinating counsel in cases where products are the subject of litigation on a national scope.

Risk Reduction

For companies preparing to launch new products or conducting ongoing management of their existing products, we help them reduce risk by reviewing potential liability exposure and implementing best practices across multiple areas, including:

Safety manuals, product instructions and warnings
Company policies and procedures
Indemnification agreements
Vendor agreements
Document retention policies
Recalls, whether voluntary or mandated

Regulatory Compliance

Our Product Liability Group attorneys advise companies throughout the product life cycle, including product development, formulation, manufacture, distribution, promotion, advertising and labeling to help ensure that products are compliant with a variety of federal, state and local regulations. We regularly provide advice on products regulated by and/or matters involving:

the U.S. Food and Drug Administration (FDA)
the Federal Trade Commission (FTC)
the U.S. Consumer Product Safety Commission (CPSC)
state attorneys general
local district attorneys

Experience

Saul Ewing Arnstein & Lehr attorneys have handled these select product liability matters:

Consumer Goods

Talc Powder: Defended multiple retailers in tort and negligence claims involving mesothelioma and ovarian cancer cases.

Child Car Seats: Defended a designer in crashworthiness litigation.

Light Fixtures: Represented manufacturers facing claims involving fire damages and provided advice on the terms and conditions of a sale to limit liability.

Vape Pens: Provided public relations guidance to distributors following negative publicity surrounding vaping tools.

Watches: Defended a manufacturer in a putative class action regarding warranty and consumer claims.

Portable Fans: Provided warranty and indemnification advice.

Heating Elements: Defended multiple claims involving electrocutions and fires resulting in personal injury and property damage, including coffee urns and space heaters.

Camper: Wrote and advised on product warranty and instructions for use.
Industrial Products

Forklifts: Represented a manufacturer in a wrongful death case involving a forklift tip-over.

CPVC Pipe: Defended a manufacturer in claims of defective fire sprinkler systems installed in high-rise condominiums.

Commercial Roofing: Defended a contractor regarding claims for breach of warranty and violation of consumer protection laws.

Dredging Equipment: Advised a manufacturer about warranty and warnings to accompany its product.

Asbestos: Defended various industries in personal injury lawsuit claims involving asbestos and silica.

Industrial Punch Press: Defended multiple personal injury claims.
Medical Devices/Pharmaceutical Products

Surgical Implants: Defended the design and manufacturing of orthopedic devices, including screws, plates, and joints, involving claims of fracture, fatigue, and malfunction.

Pharmaceuticals: Represented a range of medications, including anti-seizure drugs and antibiotics, as well as over-the-counter medications, such as a nasal spray and a contact lens solution, in personal injury litigation, including claims of failure-to-warn and innovator liability.

Biologics: Represented a developer in a case involving alleged tainted biologics in state and federal courts, including multi-district litigation and class action proceedings.

Mesh: Defended distributors and manufacturers of mesh used in hernia and pelvic repair surgery.