Product Liability Defense

The firm has represented clients in lawsuits involving a variety of allegedly defective products.  The firm has handled cases involving products ranging from building materials such as fire sprinkler system materials, roofing materials and parking garage floor sealants, to pharmaceutical products, manufacturing machines, adhesives and other allegedly dangerous products.  Many cases involve personal injuries while others involve solely economic damages.  The firm has successfully used legal defenses in multiple cases to obtain dismissals of lawsuits, totally absolving clients of any liability; as well as handling trials and appeals.

Featured Experience

1Defended several clients in both state and federal court actions (8 cases in total) against product liability claims including strict liability, negligence, fraud and negligent misrepresentation. In these cases, the client was alleged to have manufactured, marketed and sold its popular, century old product, Fleet Phospho-Soda, used as a bowel prep for certain medical procedures such as colonoscopy, while purportedly knowing that the product was unreasonably dangerous and that its ingestion caused acute renal failure. Plaintiffs in these various cases also alleged that the client violated FDA labeling and other regulations. All of these cases were transferred or submitted to a Multi-District Litigation in Ohio, where they were resolved as part of a global nationwide settlement process.
2Defended chemical manufacturer and distributor in federal court in response to claims for breach of express and implied warranty arising out of a boat manufacturer’s allegation that use of a chemical adhesive caused damage to racing boats it sold to the public. Case resolved in a confidential settlement after discovery.
3Defended a Fortune 100 company in defense of numerous product liability claims filed throughout Florida’s state courts arising out of the alleged use of asbestos containing products.
4Defended a manufacturer of roofing materials in response to claims that the materials were defective and caused damage to roofs of condominium buildings.
5Defended manufacturer of electronic monitoring device used by correctional offices on parollees in connection with claim that defective device allowed a parollee to escape detection and participate in murder of robbery victim.
6Firm is defending a Fortune 100 Company in a significant product liability claims arising out of use of a building material in a Miami Beach, Florida condominium building. The building was constructed using a fire safety product that allegedly caused leaks in the building’s fire sprinkler system. The condominium association filed suit seeking damages to replace the entire fire sprinkler system and for costs associated with repairs previously made to the building. The firm successfully obtained summary judgement for the client.
7Defended a product manufacturer in a lawsuit filed by a former tenant of a condominium building who claims personal injuries and personal property damage arising out of exposure to mold while she lived in the condo. The claimant alleges that the client manufacturer’s product was defective and was one of several possible causes of water intrusion into the building, creating the mold. Case settled.