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Product Liability & Recall

One of few firms to focus on product liability and recall matters worldwide

Our global product liability & recall team has a worldwide reach, giving us a unique capability to advise on issues wherever they arise. We act for many household name manufacturers and retailers, often in conjunction with their insurers, handling their most technical and sensitive claims.

We advise on issues including product safety and regulation, product recall and crisis response, product liability and recall insurance and subrogated recoveries. We act on both consumer and commercial claims, including actions across the supply chain, class actions and group litigation.

We have a detailed understanding of all major sectors including aviation, agriculture and food, automotive, construction and engineering, medical devices and pharmaceuticals, manufacturing and retail. We work across the whole breadth of the supply chain, with particular specialism in cross-border and multi-jurisdictional issues.

Our team works extensively for insurers and we have assisted in drafting many of the standard policy wordings in the marketplace. We are especially familiar with excess liability and the Bermuda Form.

We have crisis management capability and provide a first response in high pressure scenarios. We work hard to preserve our clients' reputations and commercial relationships.

Our insurance lawyers pride themselves on technical excellence and the ability to deliver consistent results. We also have an extensive directory of technical experts across multiple sectors and jurisdictions.We work in partnership with our clients and experts to make early strategic evaluations. Our focus is on building relationships, settling cases at the right time or taking them to trial if necessary. Cost management is important to clients and we ensure balanced teams with the work being done at the appropriate level.

Discover more about our global product liability & recall practice by downloading our interactive document here. 

Download our interactive PDF

Experience/deals

  • Africa
  • Americas
  • Asia Pacific
  • Middle East
  • UK & Europe
  • Defending food poisoning claims

    Defending multiple food poisoning claims for a major airline

    South Africa
  • Claims & counterclaims over defective products and contractual damages

    Advising underwriters in relation to Canadian litigation where a counterclaim has recently been received, arguing that the product supplied by the insured was defective and thus raising a defence to their claim for contractual damages.

    Canada

    Product recall in the food and pharmaceutical industries

    Advising clients in regards to coverage assistance and management of food and pharmaceutical industry product recalls

    Canada

    Crash of an aircraft

    Defending an aircraft manufacturer on behalf of its insurers against wrongful death claims following the crash of a chartered aircraft

    Canada

    Defending actions involving salmonella contamination

    Defending manufacturers in many actions involving salmonella contamination, consumer appliances, alleged defective children’s car seats and defective windows

    Canada

    Allegations of negligence regarding an aerospace fastening system

    Securing dismissal of a US manufacturer of aerospace fastening system in a lawsuit for negligence and strict product liability arising from the January 2007 crash of a US Navy helicopter engaged in a training mission off the coast of California

    United States

    Allegations of breach of contract and warranty by Dutch solar array manufacturer

    Representing a Dutch solar array manufacturer in defence of litigation involving breach of contract, breach of warranty and tort claims arising out of alleged anomalies in nine commercial satellites; and successfully securing dismissal for a client in the Ninth Circuit Court of Appeals following...

    United States

    Lithium ion battery fire claims

    Obtaining a defence verdict for a Fortune 50 Electronics Company in a claim of defective design and manufacture of a notebook computer and its lithium ion battery that allegedly caused a massive building fire

    United States

    Grand Am racing event decapitation

    Securing a defence verdict on behalf of race car component manufacturer in a USD 60 million wrongful death claim arising from the death of a race car driver during a qualifying run at a Grand Am racing event

    United States

    Cardiac stent migration claims

    Securing a defence verdict and multiple summary judgments for a global leader in cardiology and endovascular devices in multiple "migration" of cardiac stent claims

    United States

    Ford Explorer rollover deaths

    Obtaining a defence verdict for the tire manufacturer in the first verdict involving a US Ford Explorer rollover death with a tire tread separation

    United States
  • Advising on significant recall of contaminated blood products

    Advising a global biotherapy company on a significant recall of contaminated blood products distributed to Hong Kong from Australia

    Australia

    Product liability class action disputes

    Experience includes advising in respect of a dispute arising from foreign-based product liability class actions and a worldwide product recall

    Australia

    Safety recall of motorcycles

    Advising a company which issued a safety recall in respect of its motorcycles. Several customers failed to respond to the recall notices and were injured whilst riding

    Australia

    Defending a multi-million dollar fire claim

    Defending a multi-million dollar fire claim made against a manufacturer and its insurer following the destruction of a mining dump truck by fire

    Australia

    Advising on Chinese law issues relating to recovery claims

    Advising various leading insurance companies on Chinese law issues relating to various recovery claims against local Chinese manufacturers, presenting formal demand letters and preparing for the relevant litigation proceedings in China

    China

    Personal injury claims against a manufacturer

    Defending personal injury claims brought against an inflatable swimming pool manufacturer

    China

    Insurance claims over an alledgedly faulty heater

    Acting for a Hong Kong insurer in relation to a claim involving an allegedly defective heater, including acting in relation to a claim in the United States and a recovery action in the United States and Italy

    Hong Kong

    Exploding lamps

    Acting for an international insurer in 21 claims relating to exploding lamps. The claims involved Hong Kong and US law and included allegations of bad faith and competing entitlements to the limit of indemnity by the manufacturer and a US retailer

    Hong Kong

    Fatal road traffic accident in Bali

    Acting for an insurer in a personal injury claim valued at more than $100m which was brought against a Chinese auto parts manufacturer

    Hong Kong

    Advising on contaminated Poppadom production

    Representing a global underwriter of specialty insurance and reinsurance in providing advice in relation to contaminated Poppadoms. Production of the majority of supply to the UK market was recalled or halted due to excess oil in the product

    India
  • Defect in a vehicle model

    Advising a vehicle manufacturer under the Consumer Protection Laws of the UAE, Qatar, KSA and Bahrain on recall procedures and the legal consequences of a defect in a model of vehicle

    United Arab Emirates

    Ministry of Economy

    Negotiating a manufacturer’s warranty conditions with the Ministry of Economy and amending their warranty booklet to comply with the Ministry’s requirements

    United Arab Emirates
  • Advising underwriters over contaminated babies' milk

    Advising underwriters in relation to the contamination of baby milk in Denmark. Our team is advising on coverage and liability with the assistance of Danish agents.

    Denmark

    Insurance coverage for PIP implants

    Representing a product liability insurer of a chain of private hospitals specialising in providing cosmetic surgery, including breast implants, in regards to claims from patients who had been given the French-made PIP implants. These implants received extensive media coverage when it was...

    France

    Vehicle and building material recall campaigns

    Experienced in handling vehicle and building material recall campaigns as well as serial claims resulting therefrom

    France

    Defective radiators

    Defending a French insurer of a manufacturer of defective radiators which led to multi-jurisdictional claims in Europe (France, Belgium, Italy, Spain)

    France

    Defending French juice manufacturer

    Defending French juice manufacturers and their insurers following a recall in the USA

    France

    Defending an automotive supplier

    Defending an insured automotive supplier in product liability proceedings in Germany

    Germany

    German product liability policy

    Monitoring product liability claims brought in France under a German product liability policy

    Germany

    Losses from on-board vehicle fires

    Acting for an Italian industrial vehicle and bus manufacturing company in defending three sets of litigation arising from fires involving its cargo trucks, allegedly caused by a defective component in those vehicles (which was the subject of a recall campaign), and resulting in extensive...

    Italy

    Insuring almond stocks contaminated with peanut traces

    Representing a global insurance company in relation to a matter involving contamination of almond stocks with peanut traces. The almonds were recalled, as they posed a potential health risk to those suffering from peanut allergies

    Netherlands

    Alleged tomato seed contamination

    Defending the producer of vegetable seeds in a multimillion Euro claim brought by the Spanish growers of tomato as a consequence of an alleged seed contamination

    Spain

Our Product Liability & Recall team

Emma Ager
Emma Ager

Partner

Jane Andrewartha
Jane Andrewartha

Partner

Nicholas Bathurst
Nicholas Bathurst

Partner

Alison Beanum
Alison Beanum

Partner

Neil Beresford
Neil Beresford

Partner

Mark Beswetherick
Mark Beswetherick

Partner

Clinton Cameron
Clinton Cameron

Partner

Christopher Carlsen
Christopher Carlsen

Partner

Ik Wei Chong
Ik Wei Chong

Partner / Managing Director, Asia

Wim Cilliers
Wim Cilliers

Partner

Peter Coles
Peter Coles

Partner & Head of Aviation of APAC

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