Product Liability Litigation
Conner & Winters maintains a highly regarded product liability practice comprising attorneys well versed in defending the integrity of a wide variety of products. Some of the products that the Products Liability Section attorneys have dealt with include:
- Agricultural chemicals (including Federal Insecticide, Fungicide and Rodenticide Act preemption issues)
- Heavy machinery
- Motor vehicles
- Oilfield equipment
- Medical Devices
- Home appliances
- Food and beverages
- Animal feed
- Component part manufacturers
While experienced in defending a wide variety of products, our attorneys have also developed in-depth skills in defending particular products, including SUV and large passenger van rollover and propane related claims. We have been engaged as nationwide trial counsel for clients seeking to take advantage of the breadth and depth of our experience in those areas.
Understanding the product and the process
Successful defense of product liability claims is achieved by implementing a well considered strategy. Our firm’s attorneys are frequently called upon to identify qualified local counsel to provide insights into local practices and to serve as a local presence at trial. We also develop a thorough understanding of the product itself — how it is designed, manufactured and distributed, the effectiveness of instructions and warnings that may accompany the product, and whether the product has been involved in similar accidents or claims in the past.
Expert testimony is frequently of critical importance in product liability claims. Attorneys in our Product Liability section are also experienced in identifying qualified experts, as well as in disqualifying opposing experts through the use of Daubert motions.
Managing risk through proactive solutions
Claims or suits against product manufacturers, wholesalers or retailers can highlight potential weaknesses with respect to defense of future claims. Our attorneys not only defend the integrity of our client’s products, they also provide advice on avoiding litigation in a number of ways, including:
- Coordinating internal product testing programs to assist in identifying and implementing product improvements
- Counseling clients regarding document retention policies and procedures
- Working with the Consumer Product Safety Commission when a reporting requirement is triggered under the Consumer Product Safety Act
- Working with human factors experts to develop effective warning labels and materials