Product Liability Defense

In matters ranging from individual product defect claims to complex, occupational-disease multidistrict litigation (MDL), Offit Kurman's product liability attorneys often work closely with the firm's mass torts, insurance, and commercial litigation attorneys to defend claims that could lead to significant compensatory and punitive damages. Our team brings deep experience helping companies defend claims of faulty or dangerous products, including those resulting in severe injuries, medical conditions or death.

When contracts or the courts require mediation, arbitration, or other forms of alternative dispute resolution, our attorneys effectively analyze the case to create a strategy to get the best possible outcome that meets our client's legal and business objectives. We are equally as comfortable aggressively defending clients in trials and appeals in jurisdictions across the country.

We represent clients in cases related to:

  • Drugs and medical devices
  • Toys
  • Food and beverages
  • Manufacturing defects
  • Express or implied warranties
  • Design defects
  • Labels and other product notifications
  • Distribution and sale of faulty or harmful products

Our attorneys adeptly help clients navigate the legal aspects of product liability defense, including:

  • Legal strategies and responses
  • Mediation, arbitration and alternative dispute resolution
  • Settlement negotiations
  • Insurance recovery
  • Trial advocacy
  • Long-term liability exposure
  • Crisis communications and reputation management
  • Supply chain partner relationships
  • Product labeling 
  • Voluntary and mandatory recalls
  • Regulatory investigations

Representing Insurance Policyholders

Possessing significant backgrounds in insurance recovery issues, our product liability attorneys know how to bring insurers to the table to ensure they meet their obligations to policyholders.

Assessing Product Liability Risks in Transactions

Our business transactional attorneys also call on our experienced product liability attorneys to advise on matters related to acquiring and divesting companies impaired with mass tort liabilities, including asbestos, polyurethane foam, and product defects endangering end users. These engagements include rendering advice related to insurance coverage, successor liability and fraudulent conveyance issues.

Firm Highlights

  • Podcasts
    Artful Donations: Exploring Museum Exchange
    In this episode of The Legal Canvas, host Caryn Keppler welcomes Robert Wainstein and Michael Darling, co-founders of Museum Exchange, the first digital platform dedicated to facilitating art donations to museums and nonprofit institutions across North America. Together, they explore how technology is transforming the way collectors, artists, estates, and cultural organizations connect through charitable giving. Robert and Michael explain the inspiration behind Museum Exchange, the challenges they set out to solve, and how the platform has grown into a network of more than 400 museums. They walk listeners through the donation process—from evaluating artwork and matching donors with institutions to handling logistics, documentation, and tax considerations. Along the way, they discuss the realities of museum collecting, why many donations are declined, and how thoughtful placements can help preserve artists' legacies while expanding access to important works of art. The conversation also explores Museum Exchange's work with living artists, artist estates, hospitals, universities, and smaller regional museums, as well as the launch of the Charis Foundation for the Arts, a nonprofit designed to steward significant collections before placing them with institutions that can best benefit from them. Robert and Michael conclude by sharing their vision for the future of charitable art transactions and how Museum Exchange is helping reshape philanthropy in the arts for generations to come.