Product Liability

Overview

The mid-20th-century emergence of the judicially created doctrine of "strict liability in tort" created a significant and potentially disastrous risk to the manufacturing industry and retail trade. The doctrine fostered an explosion of litigation against product manufacturers, distributors, retailers and others and an area of law commonly known as "product liability."

Dykema attorneys have been in the forefront of the defense of claims pertaining to products of all types. The Firm's representation has spanned the spectrum, representing manufacturers of household products, industrial and construction equipment, vehicle manufacturers, medical devices and drugs, and a wide variety of consumer as well as durable products. Our objective remains the same—to provide a vigorous defense to claims which are unfounded and to work towards a cost-effective disposition when appropriate. In all phases of litigation, our product liability attorneys have formulated legally sound and technologically accurate defenses. We also work with industry groups and standard-making bodies, as well as with the United States Consumer Product Safety Commission.

We have developed resources ranging from appropriate courtroom techniques to pretrial discovery through the appellate process. Many of our attorneys have technical degrees and backgrounds in the sciences, offering clients additional expertise relative to their products.

The Firm has also counseled clients in the development of product programs. This development consultation includes product assessment, product safety design, labeling, warnings, advertising, and warranty programs.

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