Preempting and Mitigating Product Liability Claims

Partner Jeffrey Soble published a Practice Note in Thomson Reuters’ Derecho práctico. The piece, “Preempting and Mitigating Product Liability Claims,” discusses the steps that product manufacturers can take to avoid or mitigate consumer and other product liability claims. The note gives a basic overview of the nature and types of product liability claims and describes the various benefits a company can receive by avoiding these claims. This note explains the elements of an effective product safety program, supplier due diligence and product warranties, and explains key contractual risk allocation provisions to be included in supply contracts. It also describes important steps a party can take to help defend itself against a potential claim, including regarding document retention, insurance and retaining expert consultants.