Products Liability Defense

Product liability occurs when a manufacturer or seller is held liable for placing a defective product into the hands of a consumer or other user.  Claims include personal injury, property damage and business losses. The injured party may have a claim or cause of action against that manufacturer or seller.

Clients rely on Schenck Price Smith & King’s many decades of experience aggressively representing product manufacturers in federal and state courts, at the trial and appellate levels.  Electrolux, Fisher-Price, Michelin, Sherwin-Williams, Amana, Ariens and Cavagna Group are among the major manufacturers who have benefitted from our services. 

We have also represented other product defendants on behalf of a variety of insurance carriers, including Liberty Mutual, Pennsylvania Lumbermens Mutual, The Hartford, Cigna and Selective. 

At SPSK, we have found that the best way to defend manufacturers is to learn their business.  Understanding how a product is designed to work helps us to better defend the client.  We accomplish this by becoming active members of relevant trade associations, visiting plants or home offices, reading applicable trade publications and being aware of manufacturing trends and developments. 

Our policy is to keep the client personally involved and fully informed as each case progresses.  We consult them before making any major decisions regarding defense strategies, selection of experts, the scope of discovery and investigation, settlement posture and other key strategic issues.  We also help our clients devise strategies to prevent litigation in the first place. 

Our Products Liability team includes senior trial lawyers with many years’ experience trying cases, and younger lawyers who capably defend less substantial cases under the supervision of a partner, at lower hourly rates.  We staff each case depending on the size and scope of the particular suit.

Over the years, our clients have included manufacturers, distributors and retailers in sectors including construction and building supplies, appliances, office equipment, outdoor power equipment, HVAC, drugs and medical devices, chemicals, propane, energy and consumer products 

Services to Clients

  • Defense of personal injury and property damage claims
  • Fire and other casualty losses
  • Chemical and toxic tort litigation
  • Counseling services for contract and insurance issues

Representative Matters

  • Defense verdicts in favor of client manufacturers in numerous jury trials, including manufacturers of outdoor power equipment and household appliances
  • National Coordinating Counsel for manufacturer and distributor of component parts in propane industry
  • Defense verdict for manufacturer of an allegedly defective printing press affirmed an appeal
  • National Coordinating Counsel for insurance company in product liability/construction defect cases, coordinating all local counsel in defense of major construction litigation nationwide
  • Representation of private companies and insurance companies that insue private companies that are alleged to have manufactured, supplied or distributed asbestos or asbestos-containing products