Product Liability

Product liability issues and litigation present a wide array of challenges to product manufacturers and sellers. These challenges range from loss prevention and risk management, through regulatory compliance and litigation, to public relations and even white collar criminal matters. The Product Liability Team at Holland & Knight has experience in the full range of these issues and is fully prepared to support clients faced with such challenges.

Applying Our Specialized Knowledge and Industry Experience to Safeguard Your Business

When you work with our product liability lawyers, you are backed by the resources of one of the country’s largest law firms, and a team that will effectively protect your interests in this area. Holland & Knight attorneys draw from the following capabilities and experience to inform any matter:

• deep and expansive experience in high exposure product liability litigation in jurisdictions across the nation, including the resources to handle and manage complex, consolidated and large volume mass tort issues
• a track record of responding to the full scope of related issues, including product design, testing, manufacturing, marketing and contract issues
• a thorough understanding of clients’ industries – from aviation, alcoholic beverages, automotive products, chemicals, electronic devices, firearms and food products to industrial machinery, power tools, pharmaceuticals and medical devices, and a wide array of consumer products
• wide ranging involvement with the federal, state and local regulatory agencies as well as industry groups involved in product safety
• global reach that supports manufacturers, lessors or distributors both within and outside of the United States

Loss Prevention

Product manufacturers and sellers need product liability counsel with the ability and knowledge to help you prevent claims, not just respond to them. A significant part of our practice involves advising clients on the following:

• auditing and assessing product liability risks and creating programs and procedures to address those risks
• minimizing exposure in contractual matters involving insurance, warranties, indemnities, disclaimers, and limitations of liabilities and remedies
• assisting with determinations regarding the communication of product safety information including labeling, warnings, product literature, and training activities
• engaging in due diligence when acquiring a business whose potential product liabilities need to be evaluated and addressed
• developing and adhering to proper record creation and management procedures, including programs to meet the challenges of electronic discovery

Regulatory and Legislative Issues

Product liability matters often have close relationships to regulatory compliance issues. Working with our government and public law teams, our product liability attorneys can provide client protection on this front as well. We have extensive experience with the range of federal agencies relevant to these issues, such as the Consumer Product Safety Commission, the National Highway Traffic Safety Administration, the Environmental Protection Agency, the Federal Aviation Administration and others, and can assist with compliance to existing regulations and navigation of the investigatory processes.

Risk Management

The ultimate goal of any effective product liability strategy is the management of risk and its attendant financial consequences. Circumstances will sometimes dictate aggressive litigation and trial strategies; at other times, creative resolution efforts and active pursuit of settlements may be required. Holland & Knight's product liability attorneys understand this, and have experience with a full range of options along this continuum. They can assist with a judgment as to which methodologies to employ, and how to best execute them to achieve the client's goals. Ultimately, we understand that the client's reputation and overall costs, including litigation costs, are the measures of success of any product liability strategy.

Litigation

When your company is faced with product liability litigation, the complex, technical and potentially protracted nature of most claims demand the resources of the right legal team.  With Holland & Knight, your litigation team will include lawyers from our specialized Product Liability Team, which is part of our litigation practice, one of the largest and most sought-after groups of litigators in the United States. To ensure the proper handling of some cases, we also work with the Regional Trial Counsel Network to coordinate litigation in various state courts.

Recalls, Retrofits, and Field Programs

You can count on our product liability lawyers for experienced counsel regarding product recalls and the execution of voluntary and mandatory product notification campaigns. The Holland & Knight team has intimate experience in high profile recall matters, beginning from the decision–making process through implementation to the public relations and litigation issues that follow the announcement of such a program.

Crisis Management

Product liability crises can emerge almost instantly and, when fueled by media attention, rapidly expand to nearly overwhelm the product manufacturer or seller. Responses may be required simultaneously on public relations, governmental, and litigation fronts. Holland & Knight's product liability team has successfully handled such situations and can assist with means to control and stabilize them, so that clients can regain the ability to conduct reasoned and strategic decision-making.

Efficient and Effective Representation

When you obtain counsel from Holland & Knight in a product liability lawsuit, you can be assured that your company will have the best representation available. You can also be confident that everyone from senior counsel to highly trained legal assistants will be employed strategically for the most cost-effective disposition of your matter.