Practice Areas/Industry Groups   |   Products Liability and Toxic Tort

Products Liability and Toxic Tort

Protecting the productivity of manufacturers and distributors

In an era of unparalleled global market expansion, businesses can’t afford to have their output adversely influenced by potentially damaging lawsuits.

With thousands of new products being introduced into the market each year, companies may find themselves at risk of litigation by consumers claiming injury, illness or damage to property as a result of an alleged product defect or toxic exposure.

The Burns White Products Liability and Toxic Tort Practice Group attorneys possess significant experience across multi-state jurisdictions, leading a number of clients to name Burns White as their national coordinating counsel for products liability and toxic tort matters. Our team is skilled in explaining complex scientific and technical information in common sense terms that are understandable to both judges and juries.

By way of example, our services include:

• Risk management analysis
• Advising on regulatory compliance
• Electronic data management and retention
• Defending bad faith claims
• Negligence defense
• Toxic tort litigation
• Occupational disease/exposure litigation
• Representing clients involved in Superfund cases
• Complex commercial real estate transactions
• Advocacy assistance for pending/proposed legislation and regulations
• Development of internal audit programs
• Inspection preparation
• Review and adjudication of DHS determination of facility security risk
• Prompt response to enforcement actions
• Appeals representation

The Products Liability team represents various construction equipment and machinery manufacturers, wholesalers, distributors and retailers in a variety of product lines on a national basis, including:

• Automotive parts
• Building materials and HVAC systems
• Construction, platform and scaffolding equipment
• Electrical equipment and appliances
• Food and beverages
• Heavy equipment
• Lawn and garden equipment and tools
• Medical devices and equipment
• Recreation and amusement equipment
• Security systems

The Toxic Tort team represents manufacturers, distributors and transporters of chemicals, employers whose employees allege illness as a result of toxic exposure, and owners and managers of property on which chemicals are used or stored, in complex and mass tort litigation. Our attorneys have defended claims against enforcement actions brought by EPA and state agencies, counseled clients on the allocation of environmental risks in corporate and real estate transactions and negotiated environmental insurance policies on behalf of our clients.

Among these chemicals and substances are:

• Asbestos
• Benzene
• Diesel exhaust
• Lead
• Mold
• Paints and coatings
• Pesticides
• Petrochemicals
• Pharmaceuticals
• Solvents
• Welding rods

Our Toxic Tort Group is also well equipped to assist our clients in navigating complex regulatory matters that have an impact on their businesses. Burns White attorneys assist clients in understanding the regulations that apply to their businesses, assist with compliance and risk assessments and help our clients develop a strategy to maintain regulatory compliance, including meeting the requirements of OSHA, EPA, DOT and CFATS, as well as those of various state and local agencies. We also have provided analysis of pending and proposed regulatory changes that may have an impact on our clients, and we advocate with various regulatory bodies on behalf of our clients.

In addition to defending lawsuits, whenever possible, we are proactive counselors who help clients avoid litigation in the first place, using preventative measures that include comprehensive risk analysis, evaluation of instruction and warning language, electronic data management and retention and education. In addition, we use alternative dispute resolution methods such as mediation and arbitration to help clients avoid the cost and burden of going to trial.

For more information about our Products Liability and Toxic Tort practice, please contact:

David A. Damico, Esquire
412-995-3207
dadamico@burnswhite.com\

David B. White, Esquire
412-995-3210
dbwhite@burnswhite.com