Berger Kahn has developed a specialty practice group for Product Liability litigation. Successful results in Product 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.
Our experience includes many different sectors and products:
- Motor Vehicles
- Heavy Equipment
- Medical Equipment
- Industrial Trucks
- Power Tools
- Consumer Products
- Construction Defect Litigation
Our Product Liability cases involve representation of manufacturers as plaintiffs, either for individuals or insurance companies in Subrogation, and we also handle numerous Product 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 shareholders within our firm have served as special counsel for repeated product liability claims arising out of product recalls or investigations by the Consumer Products Safety Commission.
In our work on Product Liability, we have three principles that lead to positive results on behalf of our clients:
- Use of quality experts. An 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. Our experts possess optimum trial and arbitration skills recognized among their scientific and engineering peers. We find that by utilizing leading experts whose opinions are respected by opposing experts and counsel, successful resolutions are often accomplished through settlement or mediation.
- Knowledge of domestic and international law. In the changing world of product manufacturing, many products are no longer manufactured in the United States. We have vast experience in 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.
- Close coordination with legal department. 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.
It is through these guiding principles that we successfully represent and defend our clients in Product Liability. Contact Berger Kahn today to learn more about our Product Liability practice area.