Product Liability Losses

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New Loss

Water Loss Program

Our experienced subrogation lawyers routinely handle products liability cases arising from fires, explosions, water losses and appliance, equipment and machinery failures. The types of product failures that our lawyers are familiar with include, but are not limited to:

• Dishwasher defects that cause fires or flooding
• Alarm/security system failures that allow for the theft of an insured’s property or the spread of a fire
• Furnace and boiler part defects that result in fires
• Shredders, loaders and other large equipment failures that cause fires
• Defects in plumbing system components that lead to water losses
• Washer and dryer failures that cause fires or flooding
• Defective product warnings that cause fires, explosions or water damage
• Crane engine and part failures that cause fires or lead to a crane collapse
• Electrical panel failures that cause fires
• Defective solvents and other cleaning products that cause spontaneous combustion fires
• Defects in lithium batteries that lead to fires
• Defects in utility company equipment that lead to fires or explosions
• Solar panel defects that result in fires

When insurers or self-insured clients refer a products liability case to us, our lawyers work with the client to coordinate a prompt investigation that identifies target defendants and preserves evidence. To identify target defendants, our lawyers consider all potential theories of liability, such as liability based on design or manufacturing defects, the malfunction theory, res ipsa loquitor, successor liability, breach of implied or express warranties and the defendant’s failure to warn of foreseeable risks. In addition, our lawyers analyze potential recovery bars, such as limitation of liability clauses, warranty exclusions, statutes of limitations, the economic loss doctrine and waiver of subrogation clauses. They also analyze the relevant jurisdiction’s common law and/or Products Liability Acts to determine the proper standard for imposing liability on target defendants and identify parties in the supply chain who can be held liable for a manufacturer’s defective product. In addition, our lawyers analyze potential defenses based on a lack of personal jurisdiction over the target defendants to make informed recommendations as to the best forum in which to pursue the defendants.

Once our investigation identifies subrogation targets and, after analyzing any barriers to recovery, our lawyers aggressively pursue identified targets. Where appropriate, our lawyers engage in alternative dispute resolution (ADR) procedures and, if the ADR process does not resolve the case, our lawyers aggressively pursue litigation. In pursuit of products liability subrogation targets, our lawyers have experience litigating cases around the country.

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The Subrogation Strategist

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