Litigation:   Product Liability

Throughout the entire supply-chain, businesses face increasingly complex liability issues for the products they manufacture, distribute, or sell.  State, national, and international regulations and standards from a number of governing bodies may apply, including the Environmental Protection Agency (EPA), Food and Drug Administration (FDA), Occupational and Safety Health Administration (OSHA), Consumer Product Safety Commission (CPSC), American National Standards Institute (ANSI), Building Officials and Code Administrators (BOCA), American Society for Testing and Materials (ASTM), and National Fire Protection Association (NFPA).  States are increasingly applying their consumer protection laws to product sellers as well.  Combining extensive trial and litigation experience with in-depth industry knowledge, DRM’s team of product liability attorneys assists our clients in developing best practices to avoid disputes, and aggressively protect assets when disputes arise.  

DRM’s product liability team is experienced in trying cases involving technical and scientific evidence in industries including construction, engineering, manufacturing, pharmaceutical, and technology.

Our attorneys' product liability work has involved a wide range of products such as:

• building materials and products
• consumer and electrical appliances
• drugs, cosmetics, and pharmaceuticals, including birth control products
• exercise equipment
• explosives
• farm equipment and agricultural products, including milking and dairy equipment
• fire extinguishers
• firearms
• food products
• industrial machinery
• motor vehicles
• other consumer and industrial products
• ski and other sport equipment
• snowmaking equipment
• timber harvesting and processing equipment
• toys and recreation equipment
• yard and lawn care machinery

DRM’s product liability attorneys defend and try cases, including “catastrophic” injury and death cases.  Members of our team have tried to verdict:

• a case involving catastrophic burn injuries to a child in flammable fabric litigation involving highly technical evidence;
• a wrongful death suit against a foreign sauna manufacturer;
• birth control litigation for a major pharmaceutical company;
• a blasting case alleging defective “detonator” cord;
• an eye injury case alleging defective Bungee cord;
• structural cases involving claims of improper mechanical engineering and defective roofing

When appropriate, our attorneys pursue resolution of product liability disputes through arbitration, mediation, and negotiation.  DRM’s experienced product liability attorneys partner with business clients to define and pursue strategies that lead to successful outcomes. 

DRM’s product liability attorneys aggressively challenge questionable expert testimony and “junk science” through Daubert and related pre-trial motions.

Responsive and flexible, DRM's product liability attorneys are prepared to prosecute or defend injunction motions on short notice.

DRM's product liability team defends business clients and their products in all manner of actions, including:

• false advertising  and consumer fraud claims
• property or business losses
• class actions
• personal injury and wrongful death suits

When appropriate, DRM litigators collaborate with members of the firm's Intellectual Property Law Group on complex and highly technical matters pertaining to copyrights, patents, trademarks and trade secrets. 

Contact Us:

To explore how DRM's  Litigation product liability team can assist you with a dispute, contact Marc Heath, Walter Judge, or Eric Poehlmann at (802) 863-2375.