Competition & Antitrust

Product Liability

Product reputation is paramount

We understand the impact that product liability risk can have on your business. We have deep and long-standing knowledge and experience of product liability claims, all forms of litigation and the insurance industry, and have helped clients worldwide across many sectors including pharmaceuticals, automotive, construction and retail. Our expertise helps to protect their interests, defend claims and manage risks.

We are uniquely placed to advise you on these issues and can offer you insights into the challenges you may face. We sit at the forefront of key developments in class actions and our experience and understanding is unparalleled.

Our clients seek our expertise in this area to assist with issues that could compromise product reputation. This includes potential safety issues, potential or actual adverse events, product liability and defects claims, recalls, responding to consumer complaints and compliance with regulatory requirements across a range of areas.

Our team also assists with Australian Consumer Law (ACL) compliance audits, enquiries from State Health Authorities and Fair Trading Offices, contamination incidents, mandatory reporting and potential recall and liability issues (such as contractual and consumer guarantees).

We have negotiated with regulators in relation to product recall arrangements and consumer communications in response to product defect and liability claims; along with associated insurance issues and regulatory investigations.

Our expertise in action

  • Product liability:
    • Advising on product liability claims against an overseas supplier of failed building materials causing significant repair costs.
    • Advising a major US manufacturer and supplier of machinery in relation to numerous product liability claims, recalls and related matters.
    • Acting in relation to the sale of prescription and over-the-counter pharmaceutical products and medical devices.
    • Acting for an Australian supplier of medical testing kits distributed to consumers throughout Australia via a government screening program.  We negotiated the terms of a product recall and resupply with the government and the manufacturer.
    • Acting for overseas manufacturers in relation to product liability issues and product recalls in Australia.
  • Regulatory:
    • Acting for a large multinational retail group, advising on various issues in relation to the safety of consumer products and compliance with Australian regulatory requirements across a range of areas.
  • Defects claims:
    • Acting for a supplier of plumbing fixtures in relation to product defect claims involving complex construction projects.
    • Acting for multinational corporations on exposure to potential claims and class actions in areas such as electromagnetic radiation liability, alcohol consumption (including foetal alcohol syndrome) and recycled water.
    • Advising a range of manufacturing clients in litigation relating to defective products including veterinary products, egg pulp products, mining and packaging equipment, air-conditioning valves, motor vehicle tyres and electric power points.

Meet our Team

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