Product Liability

Berger Kahn has developed a specialty practice group for products liability litigation. Our experience in this area includes motor vehicles, heavy equipment, medical equipment, industrial trucks, power tools and consumer products. It also extends into the field of construction defect litigation, where the rules of strict liability now apply to mass-produced housing.

While most of our products cases involve representation of manufacturers, we also handle numerous products liability cases as defense counsel for distributors and retailers. In other cases, we represent the entity, which allegedly provided negligent servicing of a product. Several principals within our firm have been appointed as special counsel for repeated products liability claims arising out of product recalls or investigations by the Consumer Products Safety Commission.

Successful results in products liability cases are achieved by those willing to defend their products at trial utilizing industry experts who possess strong witness and presentation skills. What distinguishes our services at Berger Kahn is our combination of substantive knowledge and trial experience within this highly specialized arena.

An equally important component of our successful defense in these cases is our familiarity with leading experts in their respective fields — experts who are respected by attorneys, mediators and juries alike. Recognized among their scientific and engineering peers, our experts possess optimum trial and arbitration skills. Further, we find that by utilizing leading experts whose opinions are respected by opposing experts and counsel, successful resolutions can be accomplished through settlement or mediation.

In the changing world of product manufacturing, many products are no longer manufactured in the United States. We have vast experience in the defense of cases involving foreign manufacturing operations. These cases often entail questions regarding the Hague Service Convention, Hague Evidence Convention and other international treaties relating to discovery of foreign nationals. We understand the sensitive nature of representing foreign clients exposed to litigation in the United States. Finding themselves postured before an American court, many foreign entities require special attention with respect to understanding substantive law and procedural issues.

Our philosophy in representing clients — foreign or American — centers on maintaining a close working relationship with the client’s legal department. We find that close coordination with corporate counsel is essential to maintaining and supporting the strategies of product manufacturers and suppliers.