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.

The firm is ranked among the top four firms nationwide in product liability, mass tort and class action by The Legal 500 US 2020 and also ranked as one of the top 16 firms nationwide in the area of Product Liability Litigation in BTI's Litigation Outlook 2020 report, based on direct client feedback from in-depth interviews with corporate counsel at the world’s largest companies. Chambers USA 2020 ranked Dykema among top firms nationwide in Product Liability & Mass Torts noting the team has “deep subject matter knowledge and great judgment.”

Events & Speaking Engagements

  • COVID-19 Premises Liability Concerns: What You Need to Know
    June 11, 2020
  • Critical Considerations: Autonomous Vehicle Product Liability and Potential Legal Risks
    January 15, 2019
  • The Convergence of Automotive, Product, Class Action, and Consumer Litigation
    October 16, 2018
  • And Now the Law: Product Liability, Cybersecurity, Privacy, Ethics, Insurance, and Regulatory Compliance, Autonomous Vehicle Safety Regulation World Congress
    October 24, 2017
  • Product liability: bump in the road or big pothole?, Autonomous Vehicle Safety Regulation World Congress
    October 24, 2017
  • Legal Challenges: Product Liability, Cybersecurity, Privacy, Ethics, Insurance, and Regulatory Compliance, moderator, Autonomous Vehicle Safety Regulation World Congress
    October 24, 2017
  • Recent Developments in the Food & Beverage Industry and Lessons from Blue Bell
    September 19, 2017
  • Emerging Issues in Motor Vehicle Product Liability Litigation—Distracted Driving
    September 20, 2016
  • Technology and the Law: Accelerating the Next Revolution in Roadway Safety
    October 18, 2016
  • Preventative Contract Drafting, 15th Annual Advanced In-House Counsel Conference
    August 11, 2016
  • The Proposed Changes to FRCP 23: Important Developments
    June 21, 2016
  • Regulatory and Other Class Action Triggers
    May 17, 2016
  • To Appeal or Not to Appeal?
    March 15, 2016
  • Advanced Strategies for Defending Product-Related Class Actions: Unjust Enrichment, Restitution, and California's Unfair Competition Law
    January 19, 2016
  • Emerging Issues in Legal Liability for Connected Vehicles, 6th Summit on the Future of the Connected Vehicle
    October 27, 2015
  • Regulatory and Other Class Action Triggers, Product Liability Advisory Council, Fall Conference
    October 1, 2015
  • Products Liability From Start to Finish, National Business Institute Webcast
    December 19, 2014
  • Federal Rules of Civil Procedure Update, PLAC 2014 Fall Conference, Chicago, Illinois
    October 17, 2014
  • Ignition Source v. Cause in Vehicle Fires, 2013 ABA Emerging Issues in Motor Vehicle Products Liability Litigation Conference
  • And Now, the Law –‘Product Liability Design Defect Law and Litigation – Recent Decisions and Cases to Watch’; "A Review of The Supreme Court’s Decisions on International Civil Litigation and Product Liability, Past and Future," Speaker
    2012
  • The Role of Consumer Expectations in Product Liability Design Defect Law and Litigation, 2012 Emerging Issues in Motor Vehicle Product Liability Litigation Seminar, Speaker
  • And Now...The Law - A Review of The Supreme Court's Decisions on International Civil Litigation and Product Liability, 2012 Emerging Issues in Motor Vehicle Product Liability Litigation Seminar
  • There is Electricity in the Air, Dykema Automotive Institute
    September 2011
  • The Supreme Court’s Newest Decisions and the Re-Shaped Landscape on the Preemption Defense and International Personal Jurisdiction, Moderator and Speaker, American Conference Institute - Automotive Product Liability Litigation Seminar
    Spring 2011
  • Managing Litigation Costs, Selection of Counsel, Formulating Case Strategy, Speaker, American Conference Institute - Automotive Product Liability Litigation Seminar
    Fall 2010
  • Averting and Managing Crisis in the Event of an Automotive Recall (Toyota Case Study), American Conference Institute - Automotive Product Liability Litigation Seminar
    Fall 2010
  • Products Liability in Tranition: Is there a Sea Change or Steady as She Goes?, 2010 Emerging Issues in Motor Vehicle Product Liability Litigation Seminar, Moderator and Speaker
    2010
  • The Tenth Anniversary of the Restatement of Torts: Products Liability -- A Look Back and a Look Ahead, 2010 Emerging Issues in Motor Vehicle Product Liability Litigation Seminar, Moderator and Speaker
    2010
  • The Challenges for Corporate America: Then and Now, Moderator and Speaker, 2008 Fall Conference, Celebrating PLAC's 25th Anniversary - Special Prograpm on Achieving Fairness in Product Liability for 25 Years
    Fall 2008
  • The Products Liability Restatement: Was it a Success?, Brooklyn Law School Symposium Commerating the 10th Anniversary of the Restatement (Third) of Torts: Product Liability
    Novemberr 13 and 14, 2008
  • Dykema's Seminar for Outside Counsel Chairman and presenter
    2005-2008