Product Safety and Product Liability

In recent years, consumers have placed increasingly greater demands on the security and safety of products and regulation has followed suit. When manufacturing and marketing their products, companies throughout the supply chain often need to comply with a variety of European, foreign, and national regulations. They face substantial exposure if found liable for a defect, failure to warn, or use deemed to be inherently dangerous associated with a product. Liability may attach even if another company has manufactured the product or the component thereof that causes an injury or damage.

Product liability is no longer the exclusive province of specific industries such as the automobile or the chemical industries. The applicable rules, and the associated exposure, now encompass a broad array of sectors and a large number of business undertakings must adjust their operations to comply with a prudential quality assurance system and maximize its efficiency.

Our client base reflects the evolution of the field, and includes automobile suppliers, equipment and tool manufacturers, medical product manufacturers, food producers, pharmaceutical companies and cosmetics manufacturers.

We counsel our clients on the implementation of safety measures in their daily practice, on the creation of contracts with suppliers and customers, on drafting operating and assembly instructions and in defending themselves against product liability claims. Additionally, we carry out internal company training sessions to keep our clients’ officers and employees updated on relevant legal developments in these areas.

We represent clients in instances where they have to defend the safety of their products or like claims. Our approach is to establish systems that both reduce the risk of injury and damage to the greatest extent reasonably possible, and concomitantly protect our client from the legal standpoint by insuring that the systems in place are state-of-the art from a legal standpoint.

Range of Services

Consultation on the implementation of EU directives

  • EC Machine Directive
  • Explosion Protection
  • Electromagnetic Compatibility
  • Medical Devises

Drafting and negotiating agreements

  • Quality assurance agreements
  • Research and development contracts
  • Supply contracts
  • General terms and conditions
  • Framework agreements
  • Indemnification, Contribution and Other Agreements among jointly and severally liable parties

Consultation during crises, contacting and negotiating with authorities

Training sessions on product liability and quality assurance

Enforcement of and defense against damage claims and compensation claims