Product Liability & Mass Tort Litigation

Benesch safeguards well-known global and American brands facing bet-the-company litigation and investigations. Our team has successfully resolved hundreds of high-stakes cases across the nation at trial, on appeal and through strategic settlements. Learning our clients’ industries and products inside and out, we tailor our litigation strategies to defend what matters most—the products, brand and reputation of our clients.

Overview

Success in the Most Hostile Environments

Our team has tried numerous cases to verdict, prevailing in America’s most challenging jurisdictions and has defended clients facing thousands of claims in mass tort proceedings. We have coordinated national defense strategies for multinational clients and successfully resolved claims through strategic settlements, expert challenges and favorable regulatory outcomes. Our experience includes defeating class certification, challenging experts under Daubert and Frye standards, negotiating major penalty reductions and managing a significant number of global recalls.

Specialized Experience in Numerous Industries

Product liability and mass tort defenses are not one-size-fits-all. Success requires extensive knowledge of clients’ products and industries. We work with top scientists, engineers and technical consultants to gain a mastery of each client’s products, applying that insight to pragmatic, proactive and brand-protective strategies and litigation defense tailored to our clients’ products, industry and business objectives.

Our team has defeated the most common product liability claims, including design defect, manufacturing defect, unreasonably dangerous product, inadequate warnings and product recall-related claims across numerous industries and products, including:

  • Automobiles, trucks, semi-tractor trailers
  • Chemicals, asbestos, benzene, pesticides and toxic substances
  • Consumer products, cosmetics and household appliances
  • Construction materials, products and equipment
  • Electronics
  • Engines and generators
  • Food, dietary supplements and beverages
  • Manufacturing and industrial products and equipment
  • Maritime products
  • Medical devices
  • Pharmaceuticals
  • Recreational products, including ATVs, UTVs and boats

Proactive Guidance

Our team is committed to preventing lawsuits against our clients. We regularly partner with our clients to:

product design, manufacturing, labeling, marketing and post-sale monitoring based on courtroom lessons

risks in emerging product liability case law and regulations

with the ever-evolving regulatory landscape

When our clients’ products, brand or reputation are under attack, we work to resolve product liability claims while engineering defenses to prevent future litigation.

Our work in action

Representative Examples

Served as lead counsel

for a major life sciences company in a 18,000+ plaintiff mass tort litigation.

Defeated class certification

in a $450 million consumer products class action.

Secured defense verdicts

in catastrophic injury and wrongful death jury trials nationwide.

Led over 30 product recalls

and corrective actions in the U.S. and internationally.

Successfully defended chemical and pharmaceutical manufacturers

in multimillion-dollar toxic tort jury trials.

Negotiated major penalty reductions

with the CPSC and other regulators in connection with product safety enforcement actions.

Counseled manufacturers

through regulatory investigations and global product recalls in more than 60 countries.