Product Liability
In this day and age, products manufactured in one country are often sold around the world. Not surprisingly, exposure to product liability risks at the global level has grown immensely.
Rapid technological advances do more than just increase the amount of pressure on product manufacturers from new technical regulations and increased market surveillance. Digitalisation and technical progress also carry with them new product liability risks that increasingly entail criminal law consequences. As a result, one of the highest priorities for companies is to establish a secure international position to shield themselves from litigation.
We have been market leaders in product liability and product compliance for years and have an intricate knowledge of the ins and outs of this field. Our experts understand the regulatory requirements for selling your products globally and will also help you assert your interests in product-related disputes in and out of court. Our advisory services will from the very outset take into account related issues arising under insurance or criminal law. Naturally, we will also defend your products in relation to public authorities and competitors and be there with our decades of experience to assist you in times of crisis such as a global recall of your product.
Our services
Our industry expertise ranges from the automotive and engineering industries to the medical, building, electrical and electronic products sectors and to all types of consumer products.
Defending clients against product liability claims
- Coordinating defence strategies at an international level
- Providing process management services
- Monitoring technical experts
- Managing litigation PR
Providing support in the case of global product recalls
- Handling strategic planning and preparing for product recalls as well as advising on means of averting risks
- Submitting notifications to the competent authorities in the sales territories affected and representing clients in dealings with those authorities
- Providing legal advice during an entire crisis and handling communications relating to the recall – in close cooperation with experienced crisis communication experts where necessary
- Providing extensive legal assistance in relation to reverse logistics, sustainability requirements and consumer protection regulations in the sales territories affected
Advising on related areas of law, e.g. criminal, insurance and competition law
- Advising clients on criminal law and representing them in criminal investigations into products
- Providing insurance law advice in product liability cases and in connection with the recovery of the costs of a recall
- Pursuing injunctive relief and damages on behalf of clients under the German Unfair Competition Act for product compliance infringements as well as defending clients where third parties seek such remedies against them
Product compliance
- Providing broad-based regulatory advice at the interface between technology and law in connection with global product launches
- Advising on legal issues related to global packaging and labelling designs
- Establishing efficient internal company structures (product compliance management systems and recall management processes)
RAPEX risk assessments
- Providing far-reaching assistance in preparing and documenting risk assessments according to the RAPEX method
- Clarifying the legal requirements for remedial action (recalls, safety warnings, technical measures, etc.)
- Reviewing RAPEX risk assessments that were prepared by authorities, suppliers or competitors
Disputes along the entire supply chain
- Representing our clients in and out of court in national and international disputes with customers and suppliers precipitated by the delivery of defective products
- Providing extensive advice on complex international matters involving persons or companies from different countries and jurisdictions
- Providing efficient process management services and international coordination
Representing clients where authorities have prohibited the sale or ordered the recall of products
Selected projects
- Manufacturer of airbags
Advising and representing the group’s German/European companies in connection with worldwide recalls and investigations by motor vehicle safety authorities following deaths and injuries caused by exploding airbag generators - Automobile manufacturer
Advising and representing the manufacturer in a lawsuit against a tier 1 automotive supplier; assisting the manufacturer in recovering the costs of recalling vehicles with faulty brakes caused by a part delivered by the supplier - Automobile manufacturer
Advising and representing the manufacturer in litigation against an automotive supplier for reimbursement of vehicle recall costs - Tier 1 and tier 2 automotive suppliers
Advising and representing numerous suppliers in major product liability and warranty cases (including on issues related to the US, European and Japanese markets) and in supply chain disputes (involving companies such as Benteler, Mahle and Magna Steyr) - BOSCH
Representing Bosch in the assertion of antitrust damages claims in various EU antitrust proceedings - Manufacturer of household appliances
Advising the leading German manufacturer during its worldwide recall of large household appliances and acting as lead counsel in coordinating advice obtained from lawyers in 55 jurisdictions - MAGNA
Advising and representing the global automotive supplier in connection with a lawsuit against various tier 2 automotive suppliers - MAN
Advising MAN Truck & Bus/MAN Energy Solutions (formerly MAN Diesel & Turbo) on product liability issues, including during major litigation, and providing organisational advice - VW/AUDI
Providing ongoing advice to the car manufacturers during product liability litigation in Germany and in other major lawsuits
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