Product Liability

Automotive products liability cases require complex, specialized investigations and the ability to manage extensive document and deposition discovery. Goldberg Segalla attorneys have broad experience in these matters.  Our attorneys have defended manufacturers and component suppliers of automobiles, heavy trucks, buses, motorcycles, ATVs and recreational vehicles in lawsuits involving allegations of design and manufacturing defects, inadequate warnings, breach of warranty, and consumer fraud.

Such cases often involve sophisticated engineering and medical issues.  We have the experience to effectively address those issues and to present them in a manner that a jury can understand.  We have litigated cases involving all aspects of automotive design.  We have served as national counsel to automotive manufacturers on such issues as sudden acceleration, inadvertent movement, and vehicle fires.  And we have tried to verdict cases involving defect allegations related to fuel systems, stability and handling, roof structures, cruise control systems, transmissions, starter and shift interlocks, seats, brakes, seatbelts, and airbags.  It is our practice to keep informed of technical developments in the industry and we use our experience gained through litigation to efficiently and effectively represent our clients.

Our experienced lawyers assist clients in some of the highest-stakes personal injury litigation: the defense of catastrophic injury claims. We regularly work with the best available experts in such fields as accident reconstruction, biomechanics, human factors, fire cause and origin, statistics, medicine, vocational rehabilitation and economics in order to build the strongest possible defense. Our lawyers are versatile and have a vast experience with jury trials in the U.S. and how best to defend cases. We have also employed successful counterstrategies to the increasingly aggressive discovery/disclosure tactics employed by the plaintiff’s bar.  Based on our proven track record of success, our experienced trial attorneys have been called upon by both self-insured companies and insurers to defend catastrophic personal injury cases throughout the United States.

Goldberg Segalla represents major manufacturers of consumer and household products in national, regional and local litigation, as well as in regulatory and risk prevention forums. We are proud to serve as national counsel for manufacturers of appliances, fans and heaters, electronic devices, and children’s products. We are regularly called upon by our clients who manufacture consumer products, including children’s products and other household products that could potentially cause injury to children, to assist them in presenting their position to the CPSC and Health Canada regarding proposed new regulations and requirements, individually and through industry trade organizations.

Our experience includes:

• Representing our clients before the Consumer Product Safety Commission (CPSC)
• Handling all aspects of reporting and compliance related to product recalls
• Successfully bringing Daubert challenges against opposing experts in many jurisdictions
• Defending our clients in litigation in the most dangerous jurisdictions in the country
• Handling litigation in most of the continental United States
• Counseling our clients on litigation risks and regulatory compliance in Canada, Europe and Asia
• Publishing and presenting on these issues to national product liability audiences

By developing an understanding of the design and function of our clients’ products, our goal is to face down opposing experts, undermine their methodology, and achieve successful outcomes.

The attorneys at Goldberg Segalla have broad experience and proven success in defending manufacturers of materials handling products, hauling and loading equipment, cranes, heavy-duty vehicles, industrial/manufacturing machinery, wood-working machinery, and steel processing equipment. In fact, we have represented clients around the country in actions alleging defects in lift trucks, haulers, loaders, conveyors and molding machinery, as well as other related products. Our team has also:

• Achieved reported successes including affirmed summary judgment decisions for several manufacturers in the materials handling and industrial equipment fields
• Worked with some of the nation’s leading experts in mechanical, electrical and chemical engineering
• Deposed and disqualified many experts offered by plaintiffs
• Published and presented on these issues to national product liability audiences

With our experience in developing product warnings and information, we believe that our attorneys are uniquely qualified to work with leading human factors experts on issues ranging from product literature and warnings to guarding and audible/visual alarms. We have also developed significant familiarity with the standards that apply to the products we defend, working with in-house engineers to learn more about the design and engineering aspects of each product.

Goldberg Segalla has long served as a trusted advisor and steadfast protector of the manufacturing industry. Whether seeking proactive counsel to avoid disputes or facing a bet-the-company lawsuit that puts everything on the line, manufacturers count on us because we are driven by the same commitments to quality, thoroughness, and efficiency upon which the manufacturing community is proudly built.

Fueled by these values, our lawyers have handled thousands of complex and high-value matters for clients that range from global enterprises and Fortune 500 companies to start-ups and emerging leaders. Drawing from our team’s vast collective experience representing manufacturers, coupled with the in-house, industry, and technical experience of several members, we speak the language of manufacturing and understand the operations, philosophies, and goals behind every engagement.

Our lawyers have a long history in representing designers, manufacturers, distributors, and retailers of sporting goods and other recreational products, from the conception of the product through the investigation of an accident to final judgment. Our experience includes providing advice and counsel with respect to:

• Liability risks
• Contractual warranty and indemnity issues
• Insurance
• Other issues related to product safety

We recognize that the defense of a sports and recreational product claim frequently turns on establishing the extent of misuse and abuse of the product at issue. We are experienced in working with experts in different disciplines, including accident reconstructionists, biomechanical engineers, metallurgists, helmet experts, design experts, and neurologists/neurosurgeons. As a result, we can quickly assemble a formidable team to refute a plaintiff’s claims of defect and causation.

Our attorneys are also influential in the sporting goods industry. For example, Goldberg Segalla was instrumental in the genesis of the ASTM’s efforts to develop standards governing the bicycling industry. We assisted in the pooling of the resources and influences of various companies, and approached the ASTM to develop a standard that could provide the bicycling industry with constancy and uniformity. The result was ASTM subcommittee F08.10, which continues its efforts to develop the necessary standards. We are also active in industry trade groups such as Sporting Goods Manufacturers Association, and our attorneys have served as members of the SGMA’s Legal Task Force.

Of course, our clients also have access to the attorneys in our renowned Global Risk Management practice group, who can help them proactively confront issues that could impact their long-term business objectives.

Goldberg Segalla serves as national and coordinating counsel for both closely held and Fortune 500 companies whose products have been accused of causing fires. We represent insureds and insurers in fire litigation throughout the United States, including cases involving:

• Large loss subrogation defense
• Arson
• Catastrophic burn injury
• Death actions

Our nationally recognized team of trial lawyers is experienced in the defense of all types of litigation involving and arising out of fire. We have considerable knowledge regarding the investigation of fire claims, having accompanied experts to hundreds of fire scene investigations and product inspections. In fact, a member of our Product Liability practice group is a Certified Fire and Explosion Investigator (CFEI) — which provides Goldberg Segalla clients the competitive advantage of having on their side fire investigation credentials that often match or exceed those of opposing expert witnesses. Our hands-on approach includes:

• Crawling around and getting our hands dirty at fire scenes whenever possible, so that we are better able to fully and knowledgeably address nearly any detail in the case
• Getting deeply involved with our clients’ products so that we have a thorough understanding of product design and function, together with the underlying scientific principals necessary to debunk the “experts” offered by our adversaries
• Maintaining close contact with some of the best defense experts around the country, and teaming our clients with experts who adhere to scientific principles and methodologies
• Confronting so-called “experts” who have less familiarity with our clients’ products than we do; at Goldberg Segalla, we are proud to have contributed to numerous publications addressing fire litigation and the exclusion of “junk science” experts

The attorneys at Goldberg Segalla have also served on numerous national committees and organizations dedicated to the defense of fire litigation. They have chaired the Defense Research Institute’s Product Liability Committee, its Fire and Casualty Specialized Litigation Group and its Children’s Products Specialized Litigation Group, and have also chaired and lectured at the annual seminars of this organization.

We understand that avoiding a lawsuit is more important — and more cost-effective — than winning one. As a result, we often help clients with risk avoidance, including:

• Minimizing and managing risks associated with designing, manufacturing, and selling products
• Appreciating the scope and application of industry and governmental standards
• Assisting in the preparation of appropriate owners’ manuals, warnings, and instructions regarding the proper use — and dangers of misuse — of products

Our lawyers have assisted in developing hundreds of manuals for a wide array of industrial and commercial goods. Our involvement in the development of these materials is based on our vast experience in, and knowledge of, the multitude of ways in which plaintiffs have exposed shortcomings of less carefully drafted manuals, and the manner in which they will pursue “failure to warn” claims.

Given today’s litigation climate, it is also essential that manufacturers implement a document retention policy in order to provide for the preservation and proper destruction of corporate documents in conformity with federal and various states’ laws. Such policies must account for electronic documents that may be stored on all computers company-wide. While this is a daunting task, our lawyers have the requisite experience to guide our clients through this potential minefield.

Goldberg Segalla is also committed to working for judicial and tort reform. We actively and proudly encourage these efforts through our support of, and membership in, organizations such as Lawyers for Civil Justice and the Defense Research Institute. Our lawyers also prepare and submit amicus briefs on behalf of the Product Liability Advisory Counsel.

We take pride in our creative resolutions and productive working relationships with governmental agencies. We have represented product manufacturers in matters before numerous regulatory agencies and organizations, including the:

• Consumer Product Safety Commission (CPSC)
• National Highway Traffic Safety Administration (NHTSA)
• United States Coast Guard (USCG)

Goldberg Segalla offers attorneys with experience in regulatory law and product recalls.  Time is of the essence in such matters and we are ready to immediately address the needs of our clients.

For years, the attorneys at Goldberg Segalla have committed their time and talents to turning the tide of toxic tort litigation on behalf of product manufacturers, distributors and retailers. Case by case and client by client, in local and individual matters and in mass tort litigation, we have won trials and appeals and shaped case law around the country. We have defended product manufacturers and sellers in connection with myriad toxic exposure claims, including asbestos, talc, Legionnaire’s disease, benzene, mold, glyphosate, lead, pesticides and carbon monoxide.

As national thought leaders, our attorneys publish in top journals, work closely with the leading scientists and engineers, serve on national boards and committees, and share our knowledge and experience in lectures, seminars, and certified CE/CLE courses. But our method is simple: In each case, we fight to put verifiable facts, tested scientific principles, and the law back in their rightful place as the determining factors of liability.

Our team of over 50 exceptional attorneys includes veteran toxic tort litigators, nationally recognized rising stars, and thought leaders with deep backgrounds in emerging toxic tort trends. With the ability to defend product manufacturers and sellers across our national footprint, we’ve built a reputation for precedent-setting victories over aggressive plaintiff lawyers in some of the country’s toughest judicial jurisdictions — but also for developing cost-effective litigation management strategies to meet each client’s goals.