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Product Liability Litigation

Since the adoption of strict liability for product liability claims in the U.S., many of TK’s trial attorneys have specialized in defending single plaintiff and multi-party class actions against national product designers, manufacturers and suppliers. We have decades of experience in defending automobiles, automotive and aviation components, consumer products, industrial components and controls, chemical products, pharmaceuticals, and medical devices.

Overview

Since the adoption of strict liability for product liability claims in the U.S., many of TK’s trial attorneys have specialized in defending single plaintiff and multi-party class actions against national product designers, manufacturers and suppliers. We have decades of experience in defending automobiles, automotive and aviation components, consumer products, industrial components and controls, chemical products, pharmaceuticals, and medical devices.

“Thompson & Knight has provided excellent representation in defense of mass tort cases.” – Client Comment, U.S. News-Best Law Firms® “Best Law Firms” 2019

Defense of All Manner of Products

Throughout the evolution of product liability law from negligence to strict liability to failure to warn, TK trial attorneys have defended product manufacturers and suppliers, including many national and international product manufacturers and distributors.

Scope of Products Defended

Thompson & Knight’s trial attorneys have extensive experience in cases involving products of all types: automobiles, trucks, and tires; aerospace and automotive technology and components, construction materials, and chemical products; elevators and firearms; industrial components and controls, off-road vehicles, farm equipment, and construction machinery; and biotechnology, pharmaceuticals, and medical devices.

Resolution of Tens of Thousands of Product Cases

Our trial attorneys serve as National, Regional, or Local Trial Counsel for Fortune 500 manufacturers of consumer and industrial products and have resolved tens of thousands of product liability cases throughout Texas and the United States.

We focus on defending claims of wrongful death, personal injury, or property damage brought by a single plaintiff or in large multi-party class actions, and property damage claims alleging failures of industrial products.

Received a first-tier ranking in Dallas for Product Liability Litigation - Defendants in U.S. News - Best Lawyers® “Best Law Firms” 2019

Experience

  • Service as National Counsel in Product Cases – Served as National Coordinating Counsel for an international chemical company in defense of their product liability claims in North America
  • Service as National Counsel in Product Cases – Served as National Counsel for an international residential and commercial heating and air conditioning company in defense of product liability claims in the U.S.
  • Service on National Trial Teams – Served on a National Trial Team for a Fortune 500 company in wrongful death product liability trials in Los Angeles, San Francisco, Sacramento, and Oakland, California; McLean County and Madison County, Illinois; Dallas, Austin, Beaumont, and Orange, Texas; Cleveland, Ohio; Philadelphia, Pennsylvania; and other cities across the U.S.
  • Service as National Counsel – Represented a major Canadian chemical manufacturer in the coordination of all product liability claims in North America
  • Service as Regional Counsel – Represented one of the world’s largest and most diversified medical device manufacturers in numerous product liability cases
  • Defense of Plant Control Systems – Obtained summary judgment for a manufacturer of plant control systems on a $30 million claim for property damage from a refinery explosion allegedly caused by a defect in plant controls
  • Establishment of Indemnification Law in Products Cases – TK trial attorneys established Texas law on indemnification in product liability cases before the Texas Supreme Court; Meritor Automotive, Inc. v. Ruan Leasing Co., 44 S.W.3d 86 (Tex. 2001)
  • Defense of Pharmaceuticals – Represented a pharmaceutical manufacturer as local counsel in defending numerous product liability claims asserted once a particular medication was withdrawn from sale to the general market
  • Defense of Automotive Components – Secured a dismissal for a manufacturer of automotive brakes in claims involving an alleged failure of a bus parking brake resulting in a pedestrian crushed between two buses
  • Defense of Air Conditioning Products – Defended international manufacturer of heating, air conditioning, and refrigeration systems against claims for personal injury or wrongful death from compressor explosion
  • Defense of Electrical Equipment – Defended a national manufacturer of electrical equipment and components against claims of electrocution and burn injuries
  • Defense of Safety Restraint Systems – Defended a Fortune 500 national manufacturer of automotive seat belts in two month-long jury trials against claims that ejection from a vehicle allegedly caused paraplegia, resulting in one hung jury and then a defense verdict for TK’s client
  • Defense of Elevator Manufacturers – Defense of two elevator manufacturers in numerous product liability cases; in one case, TK secured summary judgment for an elevator manufacturer in state court based on statute of repose against claims involving partial hand amputation
  • Defense of PVC Pipe Manufacturer – Represented a manufacturer of polyvinyl chloride pipe against claims that leakage of natural gas from PVC pipe caused an explosion in the plaintiff’s home and burn injuries to two children
  • Defense of Manufacturing Equipment – Secured a defense verdict in a U.S. District Court jury trial involving an alleged defect in manufacturing equipment resulting in amputation of claimant’s fingers
  • Defense of Construction Products – Secured a defense verdict in a Texas state court jury trial against claims of loss of an eye allegedly caused by the client’s industrial construction product
  • Dismissals of Component Part Claims – Secured a dismissal based on summary judgment motions for an automotive component part manufacturer in two U.S. District Court cases involving serious injury or death
  • Defense of Wrongful Death Cases – Secured resolution of more than 5,000 product liability cases filed in Beaumont and Orange, Texas by two plaintiffs’ firms with national reputations after securing a defense verdict against them in rural Southeast Texas, after a four-week consolidated trial of two wrongful death and four personal injury claims
  • Defense in Burn Injury Cases – Secured a dismissal of case on basis of jurisdiction for a product manufacturer and national retailer against claims of serious burn injuries to a child and defended the case on two appeals to the U.S. Supreme Court.
  • Defense of Consumer Products – Defended manufacturers of consumer products, including electric saws, lawnmowers, and household items involved in shock injuries, electrocutions, or fires