Product liability
We have represented a number of leading manufacturers facing high-profile product liability claims. Our clients come from a wide range of industries and provide various products including health and pharmaceutical products, industrial equipment and industrial products, and consumer products.
Our team offers unparalleled expertise in the defence of claims, including class actions and cross-border class actions, and in the coordination of overall defence strategies with our clients’ cross-border counsel. Our clients often require our proactive assistance to help avoid such claims entirely, thus minimizing legal costs of litigation and the risk of reputational damage.
In this regard, our advice is timely and all-encompassing, extending to advice in connection with the structure of supply contracts, distribution and indemnity agreements, product manuals, insurance coverage, product testing, labelling and regulatory requirements.
Product Liability track record
Recently, we have been involved in
- Defending a drug company in an action relating to the plaintiff’s numerous alleged medical problems purportedly related to receiving a hepatitis B vaccine
- Defending a claim by an individual alleging that he was infected with Hepatitis B from blood products not properly screened for infectious disease and given to him during a heart surgery
- Defending a drug company in an action relating to alleged medical problems suffered by a plaintiff from his participation in tests on a drug to prevent restenosis
- Defending a drug company in an action relating to alleged injuries suffered by a plaintiff as a result of taking a smoking cessation drug
- Defending a product liability class action relating to a vaccine manufactured and sold by our client
- Defending numerous product liability class actions and individual claims relating to diet drugs manufactured and sold by our client
- Defending a restaurant in a lawsuit by a customer who claimed he had contracted Hepatitis B after dining there
- Representing the owner of a windmill park against the manufacturer of the windmills in a lawsuit involving the energy performance of the windmills
- Representing a manufacturer of sprinkler systems in respect of alleged premature corrosion
- Representing an asphalt manufacturer in respect of alleged premature wear of an airport runway
- Counsel to companies with respect to asbestos-related bankruptcy filings in the U.S. and Canada
- Defending a specialty chemicals and materials company in a Company’s Creditors Arrangement Act proceeding involving asbestos-related personal injury and property damage claims
- Representing two auto parts manufacturers in the defence of a class action based on allegations of manufacturing and design defects of the door closure systems on certain pick-up trucks and SUVs
- Defending a telecommunications equipment manufacturer in an action alleging defects in a telecommunications switching device
- Defending a proposed class action initiated by various individuals who purchased vacation packages to Cuba from various vacation package retailers
- Representing an automobile manufacturer regarding car manufacturing defects
- Defending a roofing company in various claims alleging defects and deficiencies with respect to the supply and installation of the roof of various residential buildings and a school
- Representing a manufacturer of juvenile products in liability suits involving car seats, high chairs and other products
- Representation in a class action against a tour operator claiming that vacationers became ill as a result of unsanitary conditions at resort hotels
- Representation in a multi-jurisdictional class action against tour operators claiming that vacationers suffered damages as a result of a water shortage at resort hotels