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 2021 and Chambers USA 2021 ranked Dykema among the top five firms nationwide in Product Liability & Mass Torts noting the team “does an excellent job and have a considerable profile in the space.” Dykema is 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. 

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