Products Liability Litigation and Preventive Counseling

Today, manufacturers, distributors and retailers of industrial, commercial and consumer products increasingly find themselves defendants in cases in which the design, manufacture or marketing of a product is alleged to be defective, in breach of warranty, or in violation of consumer protection acts.  In an ever-growing litigious society, principles of strict liability, negligence, warranty and consumer protection acts place greater financial burdens on those who design, manufacture or sell products of every kind.  Dramatic increases in the cost of insuring against such claims have led many companies to self-insure against such risks to significant levels.

At Montgomery McCracken our practice is comprised of experienced lawyers regularly involved in a variety of products liability matters and in a wide range of services.  We are engaged as trial lawyers or counselors, handling matters in litigation or counseling clients on the prevention or reduction of products liability risks or with regard to post-sale responsibilities such as recalls and retrofit campaigns.  We serve as national counsel in defense of various products including in national class actions and multi-district and multi-national litigation proceedings.  We also handle a myriad of individual and discrete claims, whether in the courts or through alternative dispute resolution mechanisms.

We have defended product manufacturers regarding:

 

  • industrial, manufacturing and commercial equipment
  • vehicles (industrial, commercial, and passenger) and components
  • rail cars
  • pharmaceuticals
  • medical devices and equipment
  • chemicals
  • asbestos and asbestos-containing products
  • home products (e.g., smoke detectors, lawnmowers, furnaces, appliances, etc.)
  • aircrafts and components
  • computer hardware and software
  • robotics
  • boats and recreational products
  • ocean-going ships, tugs and other vessels
  • electrical and electronics products
  • children's products
  • construction and building components and systems

To defend product liability cases or counsel clients in products matters effectively, the attorneys must have a depth of knowledge of the issues and a coordinated plan of action.  They must be masters in court practice and rules relating to discovery and trial, be up to date on relevant statutory or case law that is constantly changing, be skilled in the art of trials, and be able to develop an understanding of the technical aspects of widely disparate products, processes and disciplines.  These attributions describe the products liability lawyers at Montgomery McCracken.

Montgomery McCracken is also involved in preventive efforts, working with clients' personnel and consultants to reduce clients' products liability exposure through, for example, legal audits; seminars for designers, product managers, sales personnel, and other employees; review and advice regarding design and quality assurance procedures, systems and documentation; claims analysis; drafting of instruction manuals and warnings; drafting of contracts and warranties; determining and counseling clients in their fulfillment of any post-sale duties; and the like.

At Montgomery McCracken, we believe that the critical measure of the quality of our legal service is client satisfaction.  Our goal is to exceed your expectations.

For more information, please contact Products Liability and Preventive Counseling Chair Christopher S. D'Angelo by phone at 215-772-7397 or email cdangelo@mmwr.com.