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.
- 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.
Litigation & Dispute Resolution| 30 Nov 2021
In a recent decision, the Federal Court of Australia has, for the first time, made orders blocking access to online websites which promote cheating in the higher education sector under the TEQSA Act.
Litigation & Dispute Resolution| 13 Sep 2021
ASIC has now published its updated and final guidance on the new breach reporting regime for AFS and credit licensees that will apply from 1 October 2021.
Litigation & Dispute Resolution| 09 Sep 2021
On the hook via Facebook: High Court upholds potential liability for the defamatory comments of strangers
The High Court has confirmed that parties who create a Facebook page are potentially liable for defamatory comments posted to that page by third parties as if they themselves were the publisher.
Litigation & Dispute Resolution| 30 Aug 2021
In this update, we explore the changes that financial services businesses can expect to see in ASIC’s approach to exercising its investigative and enforcement functions and powers.