Products Liability

Experience

  • Medical Products Liability

    Served as part of a national trial team for a major manufacturer on product liability claims related to silicone breast implants. Served as part of the trial team that secured the first jury trial victory in Harris 

  • Construction Products Liability

    Defended the manufacturer of a mobile crane which tipped over, resulting in significant head and orthopedic injuries, and leading to a lawsuit in which the damages exceeded $3 MM. The jury found that

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Overview

Under certain circumstances, manufacturers or suppliers of goods may be liable if someone using their product is injured. For example, liability may be based on allegations a product was not designed or assembled correctly, or perhaps the user was not adequately warned of potential risks or dangers.

Manufacturers and suppliers of goods may also find themselves in litigation even when the product is not defective and the warnings are adequate. However, liability for injury caused by an alleged defective or dangerous product is not automatic. Munsch Hardt’s Products Liability attorneys are well-versed in the nuances of product liability law and prepared to defend manufacturers and suppliers in these types of actions, by identifying and taking advantage of all available defenses.

The Firm has served as lead trial counsel in cases throughout Texas, defending clients across a broad range of industries, involving a vast range of products – medical devices and products; oil and gas pipelines and equipment; cars and auto parts; electronics; firearms; cranes and construction equipment; industrial manufacturing equipment; and more.

Key highlights of our practice include the following:

  • Serving as Texas trial counsel for national and international clients
  • Representing manufacturers, distributors, suppliers, and retailers
  • Addressing allegations of products liability, including negligence, strict liability, breach of warranty, personal injury, wrongful death and consumer protection violations
  • Defending against single-product cases, class actions, mass torts and multidistrict litigation
  • Advising clients regarding underlying potential liabilities and exposure to particular loss claims, and review contracts, warning labels, and sale or distribution protocols
  • Identifying and pursuing indemnification rights our clients have, including against third-parties and insurers
  • Drafting, updating and streamlining warranties, including reducing statute of limitations provisions as well as warranty and damage limitations and exclusions

The Firm is a true leader in products liability defense, having tried hundreds of complex and high-profile cases to verdict with great success. By repeatedly representing clients in trial, our attorneys’ strategic advice is based on an accurate understanding of how facts and arguments are likely to be perceived. Moreover, our reputation as trial lawyers gives us leverage in negotiations because adversaries know we settle only to serve our clients’ best interests – not to avoid court. We also maintain close contact with some of the best defense experts throughout the country who are able to team with us and our clients to assist in “de-bunking” opposing experts’ opinions and explaining complex engineering principles and issues to judges and juries in a manner that is understandable and persuasive.

While our clients demand the highest-quality legal services, cost containment and predictability are also important concerns for well-managed companies. Particularly in products liability litigation, where the full scope of a problem may not be immediately clear, Munsch Hardt works closely with clients to develop litigation strategies that limit exposure and prevent escalation. We staff matters quite leanly to ensure senior attorneys are involved in every aspect of a case and communicate directly with clients about strategy and ongoing claims management.