K&L Gates' Product Liability practice group has both broad and deep experience in a wide variety of product liability cases.  For example, lawyers in the group have defended and tried cases involving all types of industrial machinery and equipment, numerous commercial and consumer products (including automobiles), medical devices, and pharmaceuticals.  In addition to defending and trying individual products, group members have served as national defense coordinating counsel for numerous clients in product liability cases.

Our product liability lawyers have handled cases at both the trial and appellate levels in state and federal courts in jurisdictions across the United States.  In many instances, our lawyers have obtained dismissal or summary judgment for our clients prior to trial.  As a result of our extensive product liability experience, we have regular contact with a broad range of numerous expert witnesses upon whom we can draw in providing a top-notch product liability defense.  Moreover, recognizing that good settlements are often in our clients' interests, K&L Gates lawyers are experienced in negotiating settlements, including joint tortfeasors release and structured settlements, and in the use of alternate dispute resolution techniques.

The firm's automated litigation support capabilities are available for any appropriate product liability cases.  Moreover, we endeavor to keep abreast of current legal developments and emerging trends in the law of products liability and to apply these changes in creative ways to achieve the best possible results for our clients.

Coordination of National Defense Efforts
In addition to defending individual cases, K&L Gates has coordinated national defense efforts on behalf of commercial clients for product liability and toxic tort cases.  Such national defense projects have included the following:

• Development of medical defenses
• Selection and development of experts
• Product testing reports
• Coordination of discovery responses
• Coordination of exhibits and documentary evidence
• Supervision of local trial counsel
• Development of computer animated demonstrative evidence

Risk Management
Our product liability lawyers also have broad experience in counseling clients regarding risk management and preventative measures to avoid or reduce risks associated with their products and to avoid potential litigation.  Projects in this area include advice regarding product recalls, product modification, warnings, recommendations regarding material safety data sheets, consumer/customer interaction and claims handling, and the monitoring of medical and legal developments in particular areas.

FDA Expertise
Additionally, K&L Gates has an established Food and Drug practice group with broad experience in all FDA product matters.  Our Food and Drug lawyers have counseled a wide range of clients on a variety of FDA-related matters, including drug development, application submission, regulatory compliance, premarket approvals, marketing regulations, distribution, regulatory strategies, research and marketing plans, product modifications, promotional activities, unfair competition, the Lanham Act, trade dress, intellectual property on the Internet, importation, product recalls, seizures, criminal complaints, packaging, labeling and advertising review.

Consumer Product Safety Commission (CSPC) Experience
The Consumer Product Safety Improvement Act of 2008 created broad new obligations for manufacturers, importers, distributors, and retailers of consumer, household, school, and recreational products.  It also provided the Commission with a broader range of enforcement tools, and enhanced criminal and civil penalties and recall authority.  K&L Gates' experience with consumer product enforcement proceedings and recalls has allowed us to counsel and educate firms and trade groups on the new obligations and to devise strategies for avoiding legal liability.  Our wealth of knowledge in the product reporting, enforcement, and recall scheme allows us to help clients avoid unnecessary recalls, minimize their liability, reduce their costs, and make necessary recalls more cost-effective.

Insurance Coverage and Preventative Counseling
K&L Gates is nationally recognized for its insurance coverage practice and has assisted clients in obtaining insurance coverage under their policies in cases where insurers have initially denied coverage or where there is a reservation of rights.

Automated Litigation Support
Many product liability cases present similar or repetitive factual and legal issues. Significant strategic and cost advantages can be achieved by computerizing appropriate information for easier access and use in individual cases, and in groups of cases sharing common elements.  K&L Gates has used automated litigation support in product liability and other types of cases on behalf of numerous clients.

Computer databases have been created and accessed for plaintiff and witness information, medical histories, document management (including document images and coded document records), communications indexes, full-text transcripts, cases and discovery tracking, brief and memo banks, and legal research. Such databases can easily be accessed by the firm's litigation lawyers and legal assistants, and we can also set up remote access for clients in appropriate circumstances.  Computerized presentations may also be used in the courtroom or for settlement conferences as a helpful and persuasive tool.

The firm is pleased to arrange demonstrations of our automated litigation support systems, and to discuss ways that these systems may be used to improve case management while reducing litigation costs in product liability matters.

Monitoring Current Developments and Emerging Trends
Traditionally, product liability law has developed on a state-by-state basis either through common law or statutory enactments. More recently, there have been several national trends in certain areas of product liability law.  Over the past few years, Congress has considered a number of product liability reform acts. In addition, groups like the American Law Institute continue to update materials regarding product liability, such as the Restatement of the Law (Third) Torts: Products Liability.  The United States Supreme Court has recently rendered several opinions regarding punitive damages and expert testimony that have national ramifications.  The federal rulings often cause a ripple effect among the states and result in similar, although often slightly different, rulings from the individual states.

K&L Gates lawyers have monitored various pieces of legislation relating to product liability reform and have been involved in lobbying efforts on behalf of clients.  K&L Gates lawyers seek to keep clients informed of the trends in product liability law at both the state and national levels.  The firm has prepared amicus briefs on behalf of clients in regard to issues that are before appellate courts.  The firm's lawyers have lectured at product liability seminars and have written articles regarding current product liability topics.

K&L Gates has defended and tried numerous product liability cases involving a wide range of products, including the following:

Industrial Equipment

• Asbestos 
• Automotive/truck components
• Aluminum wire 
• Chemicals
• Drilling rigs
• Electrical equipment
• Forklifts
• Helicopters
• High pressure valves
• Hydraulic cranes
• Incinerators
• In-line slitters
• Logging equipment, including chippers
• Longwall and other continuous mining equipment
• Material handling equipment
• Offshore cranes and other lifting devices
• Plastic pipe
• Pollution control equipment
• Printing presses
• Preassembled brick wall
• Punch presses
• Railroad cars and maintenance equipment
• Scrubbers for lumber mills
• Specialty steelmaking machines
• Stainless steel fumes
• Steam turbines
• Telephone equipment
• Welding equipment
• Welding fumes

Consumer and Commercial Products

• Acetylene torches
• Aircraft
• Alcoholic beverages
• Automatic weeders
• Automobiles
• Baby car seats
• Bakeware
• Baseball helmets
• Batteries for tools and appliances
• Beverage containers
• Cell phones
• Children's products
• Cigarettes and cigars
• Cigarette lighters
• Compressors
• Computers
• Computer keyboards
• Consumer household cleaners
• Consumer household products
• Consumer pesticides
• Cookware
• Crayons
• Cups
• Drill presses
• Electric lamps
• Exercise equipment
• Glassware
• Fabrics
• Fireworks
• Glassware
• Hand tools
• Lawn mowers
• Latex products
• Lead paint
• Lighting devices
• Motorcycles
• Office products
• Pesticides
• Playground equipment
• Portable air cleaners
• Power tools
• Racing yachts
• Riding mowers
• Safety shoes
• Semi-automatic pistols
• Snowblowers
• Table and power saws
• Tires
• Toys
• Water heaters

Medical Products and Pharmaceuticals

• Artificial hips/knees
• Anesthesia products
• Anticoagulants
• Bendectin
• Breast implants
• Cardiac pacemakers
• Dental equipment and machines
• DES
• Ephedra
• Injectable implants
• Internal fixation devices
• Intravenous devices
• Intravenous hemoglobins
• Latex containing devices
• Medical centrifuges
• Naprosyn
• Non-steroidal analgesics
• Ocular implants
• Orthopedic bone screws
• Orthoscopic surgery devices
• Parlodel
• Pedicle screws
• Phenylpropanolamine
• Posey restraints
• PPA
• Seldane
• Syringes
• Thimerosol
• Vitek/ TMJ implant