Product Liability

Our product liability team has considerable experience of handling disputes involving personal injury and/or property damage caused by a product – whether defending claims or pursuing recoveries (and often both at the same time). This experience also extends to advising in respect of policy coverage issues, international claims, group actions, regulatory action/prosecutions and recalls.

The team is able to act in respect of claims brought by both consumers and commercial claimants. We act for manufacturers, wholesalers, distributers and suppliers– and their insurers – in a range of industries including retail, leisure, construction and food and drink and involving both domestic and commercial products ranging from common household goods (such as white goods, bicycles and cosmetics) through to vehicles and heavy industrial machinery.

Our success

Personal Injury:

Acting for manufacturer of electrical equipment which exploded resulting in significant injury to an employee and a £1 million recovery claim by the employer.
Successful strike out of $3 million claim brought in California relating to a window cleaner sustaining an electric shock as a result of an alleged fault with his extension pole.

Motor:

Acting in a £6 million claim relating to defects discovered in a fleet of buses, one of which was involved in a collision resulting in injuries to thirty passengers.
Advising an insurer on complex liability issues arising from a catastrophic injury claim against a second hand car dealer which had sold a car which then broke down resulting in the claimant exiting the vehicle and being struck by a passing tractor.

Property Damage:

Settlement of a £4 million fire damage claim resulting from the supply of an air conditioning unit alleged to have caused a fire affecting six commercial claimants (and which involved a novel and untested use of section 41 of the Consumer Protection Act).
Defending proceedings in France relating to a significant fire allegedly caused by faulty solar panels installed in a residential property.

Food and Drink:

Acting for a restaurant chain in respect of the tragic death of a teenager who suffered from an allergic reaction after dining.
Acting in group action involving 300 claimants relating to a norovirus outbreak at chain hotel/restaurant worth over £1 million in total.

Policy Coverage:

Successful indemnity repudiation in respect of a £2 million claim relating to the supply of vegetables contaminated with plastic which were incorporated into a finished product.
Assisted insurer in determining whether there had been ‘damage’ in a claim involving the use of defective concrete in the construction of a bridge.

Our Expertise

Personal Injury and Property Damage

By their very nature, claims arising under product liability policies involve either personal injury or property damage (or both). As such, product liability claims can often be dealt with as either a personal injury or property damage claim but will almost always benefit from specialist input considering issues such as policy, limitation, the recovery options within the supply chain (and the commercial relationships between the parties) and any international element.

Motor and Household

We can assist in pursuing a recovery of any outlay where household damage has been caused, for instance by a household product (such as electrical equipment, white goods, etc.) or by an escape of water or fire

Where an RTA or other types of damage are caused by a vehicle defect, we can assist in seeking to recover any outlay from the manufacturer (or another party in the supply chain)

Food and Drink

We regularly deal with all aspects of food and drink claims ranging from modest food poisoning claims to largescale outbreaks to regulatory investigations and prosecutions to multimillion-pound commercial disputes. At one end of the scale, we offer cost effective handling of low volume food poisoning and allergen claims and, at the other end of the scale, we can provide specialist advice on, for example, recalls, international supply chains and policy issues (particularly those arising from the admixture of ingredients).

Coverage

In many product liability disputes, policy coverage issues will arise, usually as a result of the complex interplay between the damage caused by the product (traditionally covered) and damage to the product itself (not traditionally covered).

We will always consider such issues at the outset, often assisting insurers in issuing early, transparent and precisely worded repudiations.

International Claims

Product liability claims will also often include an international, multi-jurisdictional element – particularly as a result of expanding global supply chains. Our team has extensive experience in dealing with claims both arising from overseas (where a product has been exported from the UK) or involving an overseas recovery action (where a product has been imported into the UK).

Regulatory Recalls

Our team has extensive experience in assisting businesses in their dealings with local authorities in circumstances where a potentially unsafe product has been placed on the market. We can advise clients on notification requirements, voluntary and mandatory recalls, investigation of potential offences (including PACE interviews) and prosecutions – all while keeping a focus on minimising damage to reputation.

Commercial Disputes

HF’s product liability team also acts in respect of commercial disputes involving, for instance, the failure of or recall of a product. We provide specialist advice on, for instance, contractual relationships, terms and conditions and indemnities, all whilst seeking to protect ongoing relationships and our clients’ reputations.

Emerging Technologies and Connected Devices

As the world becomes more reliant on technology and connected devices, like mobile phones, automated vehicles and drones, i.e., products that utilise and are often reliant on software, product liability law will need to adapt and HF’s product liability team will be at the forefront of those changes.

Autonomous and Electric Vehicles

The introduction of automated and electric vehicles (AEVs) ushers in an exciting future but one with fresh legal challenges. HF has a depth of knowledge and experience in both motor and product liability claims and is already advising key insurers including by running workshops and events.

Micromobility

HF is also keeping a close eye on the emerging micromobility industry, which includes e-bikes, e-scooters and electric skateboards. For example, the team advises clients on the regulatory requirements associated with micromobility products and we recently hosted a roundtable looking at issues surrounding e-scooters including product liability risks.

Contact us

For expert legal advice from real people in our specialist teams, get in touch – we look forward to hearing from you.

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