Product Liability Defense Lawyers
Representing Clients in 45 of the 50 U.S. States
At Themis Advocates Group, one of our core focuses involves product liability litigation. Our members comprise some of the nation’s leading product liability defense lawyers and law firms, located in and serving 45 states, as well as the U.S. Virgin Islands.
Our members represent:
Our member law firms provide comprehensive legal counsel and representation for clients along every stage of the “chain of supply.” Our network has represented clients ranging from small local businesses to mid-size organizations to Fortune 500 companies in a wide range of industries.
Types of Defective Product Claims We Defend
Product manufacturers, distributors, and retailers across all industries are at risk of defective product and liability litigation.
Our members have defended clients in defective product litigation involving:
- Automobiles and auto parts
- Pharmaceutical drugs
- Medical devices
- Household items/appliances
- Aircraft parts/equipment
- Naval equipment
- Industrial machinery
- Construction tools/equipment
- Construction materials
- Electrical equipment
- Children’s toys
- Consumer goods and products
Our focus is on providing members with the resources and education they need to effectively represent clients facing complex product liability litigation. Our member attorneys have obtained a multitude of successes in this area, including a number of significant case dismissals and trial victories.
Chemical Exposure Cases
Some product liability cases include claims of toxic or otherwise dangerous chemicals in consumer goods. Manufacturers must include warnings for potential ill effects of product use, including chemical exposure. If you’re facing a lawsuit that claims one of your products caused illness or disability, you need a strong defense firm to challenge these accusations. Exposure cases are technical and complex: Symptoms or diseases may appear years after use of the product a plaintiff claims caused them harm.
We can help put together a strong medical defense team to protect your reputation. For most illnesses, toxic exposure causes only a small percentage of incidences. Linking one of these diagnoses to the use of a specific product purchased years ago requires an airtight argument. With the help of doctors who have seen and treated many cases from discrete sources, we can dispute claims that try to draw baseless links or provide incomplete evidence.
Chemical and toxic exposure cases we take on include:
- FELA chemical exposure
- Hydrochloric acid
- Vinyl chloride
State Laws and Statutes of Limitations
The laws governing product liability vary in each state. This is especially true for statutes of limitations. If someone files a claim against you after the statute of limitations in their state has expired, we can find you an attorney with state-specific knowledge who may have the case against you dismissed entirely. In some situations, we can even counteract claims before they occur by using a manufacturer’s notice to start the clock.
In addition to the “injury-discovery” rule, in which plaintiffs have a certain amount of time to file after being injured or discovering their injury, some states have secondary time limits called “statutes of repose.” Additionally, some areas have special rules for motor vehicle accidents or cases involving government entities. For example, Colorado has a 2-year statute of limitations for personal injury/ product liability claims, but the statute extends to 3 years if the case involves a motor vehicle accident.
Similarly, the statutes of limitations can have significant differences in each state. Maine and North Dakota, for instance, allow plaintiffs 6 years, while Tennessee, Kentucky, and Louisiana only offer 1 year to file. Many other state statutes fall somewhere in between.
Our members can help you navigate state laws to determine whether a claim is valid, dismiss expired claims, and build your defense for claims that fall within statutes of limitations or repose.
Strict vs. Negligent Liability
Some states also differentiate cases based on strict and negligent liability. Strict liability holds manufacturers accountable for defective products and examines the product directly. These types of claims may expire more quickly, as the plaintiff has a lower burden of proof and the product in question may be old or outdated.
The negligence standard in product liability claims is more similar to the burden of proof in other personal injury cases and brings the manufacturer’s behavior into question.
Your defense will vary based on the type of liability you are being charged with, but both types of liability are not available in every state.
Once again, laws regarding product liability differ by state, so it’s important to have an experienced legal professional on your side!
Our Clients Are Our Partners
Themis Advocates Group truly cares about our members and our clients. As a client, you receive personalized legal counsel and a partnership approach that emphasizes cost reduction, collaboration, and future risk minimization. You also receive consistent communication and access to your attorneys, as well as creative legal solutions to even the most complex of legal issues.
Reach out to us today to learn more about our network of product liability defense lawyers.