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Practices

PRODUCTS LIABILITY

Litchfield Cavo attorneys understand that products liability lawsuits can be devastating for manufacturers, distributors, retailers and insurers and use the full force of their litigation and trial experience to resolve clients’ claims in state and federal courts. Our skilled litigation attorneys minimize client’s liability exposure and defend product defect claims with specific experience addressing the complexities associated with defending foreign companies within the US courts.

Litchfield Cavo LLP has earned National Tier rankings in Best Lawyers® Best Law Firms” including top Regional Tier rankings in the area of Product Liability Litigation | Defendants for consecutive years due to our attorneys’ experience litigating claims across the United States. Our trial attorneys defend product liability, wrongful death actions and catastrophic injury cases to verdict with great success, and reduce the compensatory and punitive damage exposure of our clients while remaining cost effective. Our experienced attorneys minimize client’s liability exposure and defend product defect claims provide exceptional counsel to clients in a multitude of practice-related areas related to:

  • Risk management and loss prevention | Our attorneys work extensively with our clients to address immediate threats and minimize exposure. In such incidents, our attorneys conduct immediate accident investigation to minimize our clients’ risk in the event a lawsuit is filed. Our litigators will review product warnings and operation manuals to remain in compliance, reviewing product recalls, drafting document retention policies and related consultation services. Our attorneys offer clients safety issues presentations and counsel on safety training of personnel.
  • Trial counsel | Our attorneys understand a trial is the last resort for clients, yet are always prepared to take a case to verdict. Our attorneys place clients in the best position to prevail at trial in claims alleging design and manufacturing defects, failure to warn, breach of warranty, deceptive trade practices and other conduct resulting in injury or death.
  • National and regional coordinating counsel | Clients who face recurrent liability exposure rely on our products liability attorneys to serve as national and/or regional coordinating counsel in mass tort matters and repeat litigation. Our attorneys oversee the defense of product liability claims by selecting and working closely with local counsel to develop a litigation plan and devise a strategy while coordinating the discovery process. Our attorneys’ work includes case-to-case consistency while investigating reported accidents, reviewing and organizing key company documents and privilege logs, coordinating written and deposition discovery, and participating in mediations and trials when needed.
  • Advisory counsel | Our attorneys serve as advisory counsel to manufacturers of industrial equipment and other products concerning retrofit campaigns and preparing related component kits, safety labels, customer correspondence and operator manuals, and training material revisions.
  • Special counsel | Our attorneys assist manufacturers in specialized cases when related or identical design issues are the subject of national scrutiny. Our product liability attorneys conduct early and thorough accident investigations, prepare technical arguments to defend the equipment design and ensure the nationwide group of cases are handled consistently across jurisdictions.

Representative Matters

Litchfield Cavo’s talented trial attorneys defend products liability, wrongful death actions and catastrophic injury cases to verdict, and reduce the compensatory and punitive damage exposure of our clients while remaining cost effective. Our attorneys represent clients in a myriad of areas include the following representative matters:

  • Asbestos
  • Automobiles, SUVs and trucks
  • Chemicals and paints
  • Construction equipment
  • Elevators and conveyors
  • Factory assembly equipment
  • Food products and food processing equipment
  • Heating and air conditioning equipment
  • Home appliances and electronics
  • Industrial machining equipment, including CNC
  • Intraocular lenses
  • Ladders and lift Trucks
  • Machinery and machining centers
  • Medical devices, implants and prosthetics
  • Metal working equipment and lathes
  • Petrochemical products
  • Pharmaceuticals, medications and vaccines
  • Printing presses
  • Security systems
  • Sporting equipment and helmets
  • Tractors and mowers
  • Underground storage tanks

Our Products Liability Record

Litchfield Cavo attorneys defend products liability actions throughout the United States, including the following representative experience:

  • Obtained defense verdict following a jury trial for agricultural machinery manufacturer wherein plaintiff claimed a design defect of one machine resulted in the plaintiff being struck by debris causing severe injuries
  • Defense of crane manufacturer client in a two-month trial involving the failure of an overhead crane in a steel-producing facility; the verdict awarded was substantially below the plaintiff’s demand in closing arguments
  • Served as trial counsel for a lathe distributor client in a six-week trial resulting in a defense verdict for our client against claims of negligence, strict liability and punitive damages, and successfully defended the verdict on appeal
  • Defense of a notable dairy against a class action suit arising from salmonella contamination at a facility that caused several hundred milk contamination injuries; obtained favorable defense against related claims for punitive damages at trial
  • Defense of a major medical laboratory in products liability and medical malpractice litigation
  • Obtained summary judgment in a wrongful death action on behalf of a client that manufactures traffic signal pre-emption devices on grounds that the defect did not proximately cause the accident at issue and it owed no duty to the decedent
  • Secured dismissals as national counsel and lead defense counsel in serious burn injury and wrongful death suits involving gas cans subject to a national recall
  • Obtained summary judgment on behalf of a Fortune 500 heavy equipment manufacturer in connection with a plaintiff losing control of and crashing picker lift causing her severe injuries; in granting our motion, the Court rejected plaintiff’s argument that the picker lift was dangerous for its intended use
  • Defense verdict for a ladder manufacturer after a two-week trial in connection to a toddler who accessed a swimming pool via the client’s ladder and suffered catastrophic brain injuries
  • Prevailed on retail client’s appeal in New York, Appellate Division – Second Judicial Department following its sale of an inflatable watercraft that caused serious injuries to the plaintiff; the appellate court applied the theory of alternative liability in favor of our client
  • Obtained summary judgment on behalf of a wood floor adhesive manufacturer client whose product allegedly contained toxins causing severe illness due to exposure to volatile organic compounds (VOCs) on grounds plaintiff failed to establish a causal relationship between the illness and the alleged toxic exposures
  • Secured a dismissal on behalf of drain cleaning product manufacturer client whose product exploded and splattered chemicals in the plaintiff’s face, causing permanent loss of vision and facial burns
  • Obtained summary judgment on behalf of retailer client who sold allegedly defective kitchen device that caused a severe hand injury resulting in amputation, whereby the retailer successfully enforced an indemnity provision with the distributor of the kitchen device
  • Serve as national counsel and lead defense counsel in hundreds of foodborne illness suits against food suppliers and processors relating to nationwide outbreaks and recalls for exposure to E. coli, salmonella, listeria and other pathogens; our attorneys obtain dismissals of numerous suits by establishing a lack of microbiological and epidemiological evidence