Defending Product Liability Claims
We have literally decades of experience representing major international corporations in the defence of product liability claims, particularly in the life sciences, healthcare, tobacco, asbestos, transport and consumer goods sectors. This includes experience of co-ordinating and managing multiparty litigation and litigation involving the same product in several jurisdictions. We have considerable experience of handling product liability cases involving complex medical and scientific issues, and have a dedicated Science Unit to provide scientific support on such cases. With the use of specially developed technology, we can also manage in a cost effective way, the large scale document exercises that are so often a feature of major product liability claims.
Class Actions
Our substantial experience of acting in class actions, group actions and multi-claimant (and defendant) litigation gives us an in-depth understanding of the issues commonly arising from group claims, including:
- case management
- class action procedure, such as the certification of a class
- co-ordination of multi-jurisdictional cases
- disclosure/discovery of documents on a global scale
- forum shopping
- funding arrangements and costs recovery
- issues associated with the extraterritorial reach of US class actions
- preparation of technical and scientific expert evidence.
We closely monitor legislative proposals at both European Commission and national levels, are involved in the development of policy and provide regular updates to clients on developments.
Risk Management
Effective risk management is the key to minimising exposure to civil and criminal liabilities. We have extensive experience in advising on:
- product safety
- regulatory compliance
- relationships with the enforcement authorities
- contractual terms and conditions
- instructions and warnings
- document management
- product recalls (including cross-border recalls)
- insurance issues
- crisis management
- challenges to regulatory authority decisions (including those of the EU institutions).
General Product Safety Directive
In Europe, the implementation of the General Product Safety Directive marked the end of the "silent" recall of consumer products. The Directive imposes onerous obligations on producers and suppliers of consumer products and enhances the powers of the regulatory authorities to deal with product safety issues. To enable our clients to meet their obligations under this regime in an efficient manner, we have established a network of product safety lawyers to manage EU-wide product recalls. This network conducted the first pan-European product recall under the Directive and has been a leader in developing new systems to help international companies manage their recalls.
Industry Expertise
Effective management of product liability/safety and regulatory issues often requires specialised knowledge of the relevant industry, and the regulatory regime under which it operates, as well as an ability to master the technical standards applying to products in that industry.
We are able to offer our clients the services of lawyers with specialist skills and experience in a range of product sectors, including:
- asbestos
- aviation
- blood products
- building products
- chemicals
- computers
- cosmetics
- electrical and electronic products
- food and drink
- general consumer products
- household consumer products
- industrial equipment
- medical devices
- mobile phones
- motor vehicles
- pharmaceuticals
- satellites
- sporting and recreational equipment
- toys
- vaccines
Supply Chain Disputes
Our lawyers draw on their expertise in product safety and regulatory issues to resolve disputes among supply chain partners, such as those arising out of product recalls. We recognise that these disputes can affect the reputation of our clients, and their relationships with existing business partners. Our lawyers combine their renowned dispute resolution skills with an ability to master the technical aspects of supply chain disputes to achieve the optimum commercial resolution for our clients.
European Product Liability Network
Our European Product Liability Network comprises specialist product liability lawyers who regularly work together to assist clients with their cross-border product liability problems.
The Network provides a forum for innovation and best practice, ensuring that clients receive a consistently high standard of service. In recognition of our unique pan-European capability, we were appointed by the European Commission to carry out a major study on the practical experience of product liability laws throughout the EU and possible reform of the Product Liability Directive.
The Network's success is reflected in the top tier ranking of our product liability practice in the major European legal directories including Chambers UK, the UK Legal 500 and the JUVE Handbook in Germany.
European Product Liability Review
We publish a quarterly European Product Liability Review (the EPLR) which is recognised as the most comprehensive regular review of product liability developments, including cases and legislative changes, in Europe. The EPLR is produced by our lawyers and is distributed to over 2,000 manufacturers, suppliers and insurers worldwide, free of charge.
Science Unit
Lovells recognised some time ago that product-related issues often demanded the attention of technical experts as well as specialist lawyers. The firm is unique in having an in-house Science Unit which works with our product liability lawyers on matters involving complex scientific issues.