Reducing Risk and Burden in Products’ Liability,
Toxic Tort Defense

With thousands of new products coming to 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.

Burns White’s attorneys have provided skilled and thorough representation in products liability and toxic tort defense over two decades. Our attorneys possess a keen knowledge of the industries they serve, with a number of them having educational or work experience specific to these areas. Recognizing our experience in state and federal courts and across multi-state jurisdictions, a number of clients have named Burns White attorneys as their national coordinating counsel for matters alleging product liability or toxic tort.

Products Liability

The Burns White products liability team represents various construction equipment and machinery manufacturers on a national basis, including the world’s largest manufacturer of self-propelled, mobile aerial work platforms and one of the nation’s largest heavy equipment manufacturers. In representing manufacturers, wholesalers and retailers, Burns White defends cases involving:

• Automotive products
• 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
• Manufacturing equipment
• Medical devices and equipment
• Recreation and amusement equipment
• Security systems

Toxic Tort and Environmental Exposure

Burns White 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. Among these chemicals and substances are:

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

Our attorneys focus on litigation arising from alleged contaminated property and have counseled on the allocation of environmental risks in corporate and real estate transactions. We frequently manage complex and mass tort litigation involving alleged environmental and occupational exposure. We have defended companies against enforcement actions brought by the EPA and state agencies and we negotiate environmental insurance policies on behalf of our clients.

Avoiding Burdensome and Costly Litigation

While Burns White provides vigorous representation and defense, it is our imperative to be proactive counselors—to help clients avoid costly or unnecessary litigation. We accomplish this through various preventive measures, including comprehensive risk analysis, evaluation of instruction and warning language, electronic data management and retention, and education. Whenever possible, Burns White employs alternative dispute resolution methods, including mediation and arbitration, to avoid the cost and burden of going to trial.

When Going to Trial is Unavoidable

Burns White attorneys understand the complex issues involved in products liability and toxic exposure cases. We have amassed an effective team of professionals skilled in explaining complex scientific and technical information in a manner understandable to judges and juries. Likewise, our attorneys’ extensive knowledge of the scientific process has enabled us to successfully challenge the testimony of plaintiffs’ causation experts or have such experts excluded from trial.

Many of our attorneys are frequent presenters at industry trade seminars and have written for national trade publications. They have been members of and have served in leadership roles in organizations such as the Defense Research Institute and International Association of Defense Counsel.

Products Liability & Toxic Tort Group