Product Liability Defense

Under some circumstances, manufacturers or suppliers of goods may be liable if someone using their product is injured. For example, liability may be based on allegations that a product was not designed or put together correctly, or perhaps the consumer was not adequately warned of potential risks or dangers.

Manufacturers and suppliers of goods may also find themselves in litigation even when the product is not defective and the warnings are adequate. However, liability for injury caused by an alleged defective or dangerous product is not automatic.  Brouse McDowell attorneys are well-versed in the nuances of product liability law and prepared to defend manufacturers and suppliers in these types of actions, by identifying and taking advantage of all available defenses.

Our team of trial lawyers is experienced in the defense of all types of litigation involving and arising out of fires.  We have substantial knowledge regarding the investigation of fire claims and are well-versed in the significance of immediate scene investigation, evidence preservation, and post-scene product inspections.  Our attorneys recognize the importance of product knowledge, as the design and function are critical to understanding the nature of the theories being proffered by opposing experts.  We are knowledgeable in the role and importance of NFPA 921 in origin and cause inspections and determinations, and in fire litigation in general.  We also maintain close contact with some of the best defense experts throughout the country who are able to team with us and our clients to assist in “de-bunking” opposing experts’ opinions and explaining complex engineering principles and issues to judges and juries in a manner that is understandable and persuasive.

In addition, our client may be entitled to indemnity, or reimbursement, from a third party even if the client is determined to be liable. Our attorneys are skilled at identifying these situations as well, and aggressively pursuing indemnification rights that our clients have, including against third-parties and insurers.

Thoroughly experienced in product liability law, Brouse attorneys who practice in this area also advise clients of the steps they can take in advance to protect themselves and reduce the risk or extent of potential liability.

Representative Matters:

  • Represented major kitchen appliance manufacturer in defense of numerous product liability cases across the country as national coordinating counsel and lead trial counsel
  • Successfully resolved product liability claims against manufacturer of exercise equipment
  • Represented manufacturer in defense of numerous product liability actions, including insurance subrogation cases, alleging loss due to fires caused by alleged defective clothes dryers
  • Obtained dismissal of claims against former manufacturer of alleged asbestos-containing valves and gaskets in asbestos product liability litigation
  • Represented numerous manufacturers of alleged asbestos-containing products regarding insurance coverage for large portfolios of bodily injury product liability lawsuits
  • Successfully defended steel building manufacturers in various federal and state product liability matters