A problem involving product safety can be an unpleasant event for all involved, potentially leading to disruption to sales, operations, unplanned for expense and loss of profits.

Dealing with product liability matters requires a combination of risk management, regulatory, insurance and litigation expertise. Hall & Wilcox has experience advising on product liability matters across a number of types of products including product safety recalls.

Our experience involves acting for manufacturers and businesses of all sizes and insurers in the defence of liability matters related to a range of products. We aim to help minimise loss, liability for damages and managing reputation issues that can arise from these types of matters.

Experience

  • Acting for a medical device manufacturer involved in the product recall of bowel cancer testing kits which gave rise to breach of contract, negligence and product liability issues.
  • Advising Century Medical Inc, a subsidiary of Itochu Corporation in New South Wales Supreme Court proceedings against Pacific Dunlop Limited and Telectronics arising out of the global product recall of pacemakers. Century Medical Inc was the distributor of Telectronics’ products in Japan.
  • Providing product liability advice to large and small businesses and their insurers in personal injury, property damage and economic loss claims.
  • Acting for large corporates, including Sunbeam, and their insurers in defence of product liability, personal injury and property damage litigated claims, including recovery against domestic and foreign manufacturers.
  • Acting for QBE Insurance for more than 20 years, defending litigated claims alleging defective products and product recall.
  • Providing a second opinion in relation to a commercial property and product liability fire recovery matter with multiple parties, including foreign entities.
  • Acting in a variety of claims against manufacturers for personal injury, property damage and economic loss, including quantification of damage.
  • Acting on instructions from numerous insurers and businesses in early investigation and determination of cause and damages in product liability claims.

Key contact

Graydon Dowd leads the Hall & Wilcox commercial dispute resolution practice and provides expertise in litigation and mediation.

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