Products Liability/Toxic Tort

Gallop, Johnson & Neuman’s product liability attorneys have acted as national coordinating counsel, regional counsel, and local counsel for manufacturing companies that range from a substantial number of Fortune 500 companies to locally operated small enterprises. We have defended companies concerning a wide array of products including cars, locomotives, electrical and safety equipment, aircraft engines, bicycles, boats, chain saws, ladders, hydraulics, all types of power and industrial equipment, as well as various pharmaceutical and medical device products. We have also defended companies from claims involving such products or by-products as asbestos, dioxin, formaldehyde, mold, and silica.

Our product liability attorneys recognize that the goal of our clients is to produce and sell products that are safe. Product liability lawsuits and claims are sometimes frivolous and often expensive, but more often are a distraction and impediment to the client’s business. GJN’s product liability attorneys seek ways to minimize the expense and distraction caused by existing litigation, and to avoid future claims.

In our experience, we have found that few products are inherently defective. For those few, appropriate action should be taken with respect to that product, which may include retrofit or recall, and the matters should be handled quickly and efficiently.

At the other end of the spectrum are frivolous claims. Such cases are not without danger – plaintiffs in “frivolous” lawsuits have been awarded millions of dollars. These cases must be defended in an efficient manner, and either tried to a conclusion, or, however distasteful it might be, settled in order to stop the monetary hemorrhaging caused by the attorneys’ fees.

For many product liability claims, there has been a real injury, but the products themselves are not defective. As we know from common experience, a non-defective product can cause injury when used or installed improperly. The true cause of the injury must be analyzed to determine where blame properly lies.

For every case, our experience allows us to properly evaluate actual injury, if any, and to determine if the cause of the injury is related to the product. If the injury is related to the product, we analyze the situation to determine the culpable parties, which may include the injured party. We also search for often overlooked ways to reduce the burden of a particular case, including insurance coverage of various types, contractual or equitable indemnification, and affirmative claims against component manufacturers and/or third parties.

Broadly speaking, some cases should be settled, and some cases should be tried. While advantageous settlements are sought, some cases should be tried to clear the good name of our client, to discourage similar lawsuits, or simply because an acceptable settlement cannot be reached. Our experienced team of trial attorneys has successfully tried product liability cases around the country involving property damage and personal injury including wrongful death.

The best technical legal defense is a waste of time and money if it does not take into account the client’s needs and considerations – therefore we work with our clients to determine an appropriate plan of action for that client. By thoroughly assessing a case, and by aggressively and creatively seeking solutions, the product liability attorneys at Gallop, Johnson & Neuman help manufacturing companies limit their exposure to the inevitable product liability claims.