Product Liability

About Our Practice

The Product Liability team represents major corporations in cases ranging from single-plaintiff traumatic injuries to national, regional or statewide multi-plaintiff litigation. We have extensive litigation and trial experience in: 

  • Pharmaceuticals and medical devices
  • Hazardous substances
  • Building materials
  • Heavy equipment
  • Industrial machinery
  • Consumer products
  • Electronics
  • Communications Equipment
  • Automotive Components 

In New York and New Jersey, we represent manufacturers of a wide variety of products, from vaccines and computer equipment to truck-mounted drills and forklifts, lithium batteries in cell phones, and fire sirens. 

We defend companies in the following areas of practice: 

Heavy Machinery and Industrial Products

We defend numerous manufacturers of heavy machinery and industrial products in litigation pending in New Jersey and New York. Our vast experience includes working with professional engineers and other experts to defend our clients’ products. We are at the forefront of developments in product liability law in both jurisdictions and have tried numerous cases, won them and defended the victories on appeal.

Premises Liability

Our attorneys are skilled at defending property owners and operators, contractors, architects and engineers in complicated traumatic personal injury and toxic exposure claims. We employ sophisticated fact and expert discovery techniques to defend our clients. Our team-oriented approach to this litigation yields great success for our clients and often results in the early resolution of cases well before trial. 

Consumer Products

As in the area of industrial products, we have successfully defended manufacturers and sellers of numerous consumer products that were alleged to have caused personal injury. We aggressively defend these products and undertake a thorough investigation of the accident to reveal other potential causes of the alleged harm. 

We acted as national coordinating counsel for one of the country’s largest computer companies in “repetitive stress injury” cases. In that litigation, we never lost a case or paid a dollar in settlement, thereby eliminating that company’s litigation nationwide. 

We counsel clients on various issues concerning the Consumer Product Safety Commission, including reporting requirements and product recalls.

Liability Prevention and Counseling

Porzio, Bromberg & Newman counsels clients on loss control programs that are designed to avoid future exposure to litigation. This work includes drafting warnings for new products, reviewing direct-to-consumer pharmaceutical advertisements and counseling on standards compliance, records retention programs, risk management and safety campaigns. We have advised companies on: 

  • Establishing a product safety committee in response to reports of serious accidents or personal injury claims
  • The preservation of confidentiality and applicable privileges
  • The retention of independent experts
  • The inspection sampling and testing of products
  • The identification of potential product defects and their causes
  • Appropriate remedial measures 

Technological Proficiency

Porzio, Bromberg & Newman’s experience is complemented by the cost savings realized through state-of-the-art litigation and trial-support technology. Firm personnel employ technology for all aspects of litigation—from initial case preparation to discovery and at trial. A client may access case management and other information pertaining to matters from a secure and remotely accessible file server.