Product Liability

Practice Overview

PDP has developed broad expertise in the technical and legal aspects of product liability claims, and we utilize this expertise to provide a reasoned approach to these lawsuits. We have worked with many technical experts — engineers, human factors experts, and others — who provide helpful direction in the development of the defense of a lawsuit, and necessary expert testimony at trial.

Trial Experience

PDP has substantial trial experience in product liability cases. Damages tried include the entire personal-injury spectrum, wrongful death, and property damage, including claims for both compensatory and punitive-damages.

PDP has represented a major defendant in virtually every piece of industry-wide litigation including:

Aircraft
Asbestos
Carding machine
Carnival ride
Caustic cleaning solution
Ceramic cookware
Coffee makers
Computer keyboards
Diving platform
Elevators
Engine lathe
Escalators
Exploding barrels
High-pressure water jetting equipment
Industrial laundry dryer
Laboratory hotplate (electric)
Milling machine
Oil filter
Pelvic mesh
Ping-pong table
Printing press
Reclining, swivel-base chair
Scaffolding
Sick buildings
Silica
Steel reinforcing rod
Stoneware and glass plates
Swimming pools
Talc
Tennis-ball practice machine
Textile warping machine

Much of this work has been at the retention of insurance carriers, but we frequently represent self-insured and uninsured manufacturers and other companies, and occasionally provide a shared-cost defense for several defendants or carriers in the same litigation. Our practice also includes advice in product liability prevention, including warnings and instructions.

Our experience has given us tremendous knowledge of manufacturing systems and processes, and the great range of regulations, such as OSHA, EPA, and state regulations, governing safety in a variety of workplaces. We also frequently encounter voluntary standards applicable to various types of products, such as those promulgated by ANSI, ASTM, and other organizations.

Elevator Liability

Our Elevator and Escalator Liability practice group has over 50 years of collective experience defending companies that manufacture, install, and maintain elevator and escalator equipment. Applying our combined knowledge of the mechanical workings of elevators and escalators, relevant state and federal laws, industry standards and insurance coverage issues, we are able to successfully represent corporations and insureds in claims ranging from personal injury, and product liability, to toxic tort. We also have extensive experience asserting contractual defenses, especially the indemnification and hold harmless language found in many contracts, to eliminate, mitigate or shift liability exposure. We have a network of expert witnesses to call upon to assist in the evaluation of liability and to testify in the defense of the client’s business practices.

From large national manufacturers of elevators and escalators to small local elevator maintenance companies, we assist our clients in navigating the often complex legal issues that arise in their past and present business operations.

Our experience in this industry includes:

Defending diverse personal injury claims in multiple jurisdictions related to alleged code violations and alleged failures to properly inspect or maintain elevator and escalator equipment.
Defending various claims of strict product liability in multiple jurisdictions related to alleged defectively manufactured elevator and escalator equipment or component parts.
Defending toxic-tort/asbestos lawsuits brought by elevator mechanics against manufacturers of elevators and their component parts.
Defending wrongful death actions brought by the estates of passengers on elevators or escalators.
Pursuing and defending against breach of contract and other claims related to commercial business operations.
Defending employment and labor related claims.
Drafting elevator service agreement contract language governing the duties and liabilities of both the elevator owner and the elevator maintenance company.
Assisting with the preparation and implementation of uniform standards for the defense and administration of personal injury claims.
Handling public bid disputes, both during the administrative hearing and post-administrative appeal processes.