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Product Liability and Comprehensive General Liability

Legal Practice

  • Fitness Companies Flex with Dismissal in New York UCC Elastic Band Case
  • Judi Abbott Curry Reviews Medical and Life Sciences Law in Rochester Business Journal
  • Harris Beach Partner Abbie Eliasberg Fuchs Named to Thomson Reuters Stand-Out Lawyers List for 2023
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Our attorneys have earned a reputation for skillfully defending a wide range of consumer, industrial and FDA regulated products for manufacturers, distributors and retailers on a regional and national level. We have established a proven record of success defending clients in sophisticated, high-exposure, high-value catastrophic injury cases.

Comprehensive General Liability Defense

Harris Beach defends businesses, property owners and managers, contractors and manufacturers in general liability claims and litigation, either directly or through their insurance carriers. We maintain a strong record of success in personal injury and property damage cases involving construction accidents; equipment accidents; slip and fall injuries; security issues; New York Labor Law §§ 200, 240 and 241 matters; automotive, truck and rental vehicle accidents; as well as a host of other premises liability matters, including mold, lead, asbestos exposure and other air quality issues.

We excel in the defense of sophisticated, high-exposure, high-risk catastrophic injury cases involving head and brain injury, paralysis, paraplegia, amputation, neurological deficits, orthopedic trauma and systemic diseases. Harris Beach attorneys draw upon their knowledge of medical, technical and scientific disciplines, including orthopedics, neurology, toxicology, epidemiology, oncology, pathology, occupational health, industrial hygiene, accident reconstruction, roadway design, vocational rehabilitation, economics, life care planning and forensics. We also defend professional liability matters including the defense of health care providers in a wide range of general liability matters.

Complex Litigation Experience

Harris Beach attorneys have decades of experience defending domestic and foreign corporations, small and mid-sized businesses and individuals in all stages of complex litigation. Our litigation experience includes national, regional, local, discovery and trial counsel levels of engagement in industrial lawsuits as well as mass tort or consolidated litigation. Our attorneys strive to identify cases for early resolution whether by cost-effective settlement or potential summary judgment. We take a no-time-wasted approach to identifying, preparing and defending corporate witnesses for deposition and trial.

Our firm has developed an efficient and cost-effective approach to managing large liability cases, whether product liability or comprehensive general liability. We collect briefs and memoranda of law on a wide scope of subjects and issues and maintain a research bank that is indexed for quick access. We have access to the leading medical experts in a range of medical specialties.

Harris Beach attorneys routinely work with experts in accident reconstruction, biomechanics, mechanical engineering, metallurgy, warnings and human factors. We also work with toxicologists, immunologists, rheumatologists, epidemiologists, psychiatrists, and other expert witnesses such as architects and engineers that we may call upon in our clients’ defense.

E-Info℠ E-Discovery for Litigation

In crafting discovery responses, we locate, review, and ultimately supervise huge document productions in large product liability and comprehensive general liability cases. The Harris Beach e-info team’s combination of strategic legal document counsel and cutting-edge litigation support technology has made us the team organizations, including leading national law firms, trust to protect their interests by reducing the risk, time and expense of e-discovery in their biggest and most difficult legal challenges. The fully integrated, in-house e-info team of trial lawyers and predictive coding technology professionals are leaders in applying dataset analysis and technology-assisted review to complex litigation and investigations. Our comprehensive e-discovery solutions are powered by an innovative proprietary document review methodology which acts as an efficiency engine to leverage our attorneys’ analytical skills and increase document review accuracy by up to 70% and reduce review time and costs by up to 50%.

First Response Emergency, Crisis and Disaster Team

Product Liability Defense

Harris Beach product liability defense attorneys have successfully defended difficult and often highly charged product liability cases on behalf of some of the world’s leading consumer and industrial manufacturers. We have achieved defense verdicts, dismissals, voluntary discontinuances, summary judgments or reasonable settlements in potentially high-verdict product liability cases while maintaining a low profile for our clients defending manufacturers and/or distributors of such broadly diverse products as contact lenses, cement mixers, exercise equipment, commercial pesticides, pharmaceuticals and medical devices.

We fully immerse ourselves in our clients’ businesses by visiting their manufacturing sites to acquire hands-on experience with facsimile products, meeting with key witnesses, and locating and reviewing discovery documents instrumental in developing an effective defense strategy. We use qualified experts in each specialty area, obtain all relevant medical studies, and investigate all viable alternative causation defenses to protect the integrity of our clients’ products and reputations.

Our extensive product liability experience includes:

Consumer Products

Harris Beach represents numerous consumer products companies, including many among the Fortune 500. We have defended claims involving hair dyes, contact lens solutions, cosmetics, infant car seats and small appliances such as hair dryers, toaster ovens and irons. We also represent the manufacturers and distributors of over-the-counter drugs, latex gloves, liquid drain cleaners, dog foods, personal insect repellant sprays, , aerosol ant and roach sprays, beverage containers, and other consumer products that may involve chemical sensitivity or toxic exposure.

Industrial and Commercial Products

Our attorneys represent the manufacturers, distributors and retailers of a diverse array of industrial and commercial products. These include trucks, forklifts, cranes, aerial lift platforms, subway car propulsion systems, fueling components, industrial kitchen machinery, food processing equipment, industrial presses, cement mixers, electrical fixtures, elevators, pumps and turbines. Harris Beach represents North America’s largest heavy equipment rental company, defending claims concerning diverse rental equipment including portable light towers, boom lifts and scissor lifts. We also represent manufacturers of commercial pesticides and foggers, chemical solvents, asbestos containing products, tiles, gases, metals, acids, laboratory equipment and packaging, radiators, valves and boilers.

FDA-Regulated Products

Harris Beach has more than three decades of experience defending some of the world’s largest manufacturers and distributors of medical devices, pharmaceuticals, nutritional supplements, cosmetics, sunscreens, and biologics in state and federal courts. Our Medical and Life Sciences Industry Team attorneys defend drug and device product liability actions stemming from use during clinical trials, post-approval of new drug applications and abbreviated new drug applications, marketing and promotion of indications for use outside the cleared premarket approval or 510k, off-label promotion, failure to report adverse events to FDA, labeling inadequacies, design flaws, manufacturing or quality assurance errors, and product recalls. To help our clients avoid potentially damaging legal actions, our attorneys also examine pre- and post-market liability issues relating to submissions to the FDA including package inserts, marketing materials, warnings, patient labeling and document retention.

Pre-Product Launch Risk Assessment and Risk Management

The best possible time to analyze and manage any risk that may be associated with a product is before it hits the market. Our attorneys take a proactive approach to risk management counseling by reviewing our clients’ product communications prior to launch to help assess and head off potential liability risks. This in-depth analysis often includes the review of brochures, labels and packaging, and electronically stored information sources.

Controversial and Crisis Communications Management

Product liability cases can expose an organization to considerable public and media attention with potentially damaging consequences to their image, brand and internal morale. To mitigate such damage, organizations need to successfully manage these situations with strategic communications designed to put the controversy behind them as quickly and completely as possible. Our controversial and crisis communications management team helps clients craft an effective communications and media strategy to counter negative sentiment. Our team also helps organizations take a proactive approach by identifying potential risks and developing, implementing, and maintaining response plans to limit product liability risk and enhance the potential for successfully preserving their position in controversial or crisis situations.

Practice Leader(s)

Abbie Fuchs

Abbie Eliasberg Fuchs

Member

People

Peri Berger

Peri A. Berger

Member
David Capriotti

David M. Capriotti

Member
Judi Curry

Judi Abbott Curry

Member
Terrance Flynn

Terrance P. Flynn

Member
William Garry

William J. Garry

Member
Pamela Goldsmith

Pamela B. Goldsmith

Member
Stanley Goos

Stanley Goos

Member
Brendan Hall

Brendan P. Hall

Associate
Kelly Jones Howell

Kelly Jones Howell

Member
David Kochman

David H. Kochman

Member
Michael Masino

Michael J. Masino

Member
Frank Muggia

Frank C. Muggia

Member
Andrew Orenstein

Andrew J. Orenstein

Member
Christopher Palermo

Christopher C. Palermo

Member
All Insights, All Publications, Legal Alert |
 January 31, 2023
Fitness Companies Flex with Dismissal in New York UCC Elastic Band Case
New York's Appellate Court dismissed a case where a sporting retailer's and manufacturing exercise band injured a person's right eye....read more
All Insights, Advisory, All Publications |
 January 18, 2023
Medical and Life Sciences: Year in Review 2022
Partner Judi Abbott Curry reviews, analyzes and shares potential implications for future life science cases based on several key judicial ho...read more
All Insights, All Publications, Legal Alert |
 January 10, 2023
Consumer Product Safety Commission Penalizes Peloton for Reporting and Safety Failure
On January 5, 2023, Peloton agreed to pay a $19,065,000 civil penalty after recalling the Tread+ treadmill in May 2021....read more
Legal Alert, All Insights, All Publications |
 December 19, 2022
E.V. Manufacturer Cruises to Victory on Appeal with Specific, Robust Disclosures
NYs Appellate Division recently affirmed dismissal, with prejudice, of a securities class action lawsuit against Chinese electric vehicle....read more
All Insights, All Publications, Legal Alert |
 June 14, 2022
Rule Amendments Narrow Discovery and Clarify Motion Practice in New York’s Commercial Division
Through Administrative Orders, New York state recently amended its Commercial Division rules with an eye towards streamlining discovery and ...read more
All Publications, Legal Alert |
 December 15, 2021
Amazon Wins E-Bike Appeal: A Big Victory for E-Commerce
New York’s Appellate Division, First Department recently affirmed a Manhattan trial court’s dismissal of a lawsuit against e-commerce giant ...read more
All Insights, All Publications, Legal Alert |
 May 14, 2021
No Good Deed Should Be Punished: Harris Beach Wins Summary Judgment Under Volunteer Protection Act
In Jeraci  v. Cooper et al., 2021 NY Slip Op 03025 (2d Dep’t May 12, 2021), the Appellate Division, Second Department of the New York State ...read more
All Insights, All Publications, Legal Alert |
 March 26, 2021
SCOTUS Extends Specific Jurisdiction to Ford in Products Cases
The Supreme Court of the United States recently affirmed two state court judgments that had permitted plaintiffs to assert jurisdiction over...read more
All Insights, Advisory, All Publications |
 March 23, 2021
Breast Implant Multidistrict Litigation Claims Pared Down by New Jersey Federal Court
In a mass tort product liability, class action and consumer fraud consolidated litigation involving Allergan's Biocell textured breast impla...read more

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Product Liability and Comprehensive General Liability

Legal Practice

■ Profile

Our attorneys have earned a reputation for skillfully defending a wide range of consumer, industrial and FDA regulated products for manufacturers, distributors and retailers on a regional and national level. We have established a proven record of success defending clients in sophisticated, high-exposure, high-value catastrophic injury cases.

■ Services

Comprehensive General Liability Defense

Harris Beach defends businesses, property owners and managers, contractors and manufacturers in general liability claims and litigation, either directly or through their insurance carriers. We maintain a strong record of success in personal injury and property damage cases involving construction accidents; equipment accidents; slip and fall injuries; security issues; New York Labor Law §§ 200, 240 and 241 matters; automotive, truck and rental vehicle accidents; as well as a host of other premises liability matters, including mold, lead, asbestos exposure and other air quality issues.

We excel in the defense of sophisticated, high-exposure, high-risk catastrophic injury cases involving head and brain injury, paralysis, paraplegia, amputation, neurological deficits, orthopedic trauma and systemic diseases. Harris Beach attorneys draw upon their knowledge of medical, technical and scientific disciplines, including orthopedics, neurology, toxicology, epidemiology, oncology, pathology, occupational health, industrial hygiene, accident reconstruction, roadway design, vocational rehabilitation, economics, life care planning and forensics. We also defend professional liability matters including the defense of health care providers in a wide range of general liability matters.

Complex Litigation Experience

Harris Beach attorneys have decades of experience defending domestic and foreign corporations, small and mid-sized businesses and individuals in all stages of complex litigation. Our litigation experience includes national, regional, local, discovery and trial counsel levels of engagement in industrial lawsuits as well as mass tort or consolidated litigation. Our attorneys strive to identify cases for early resolution whether by cost-effective settlement or potential summary judgment. We take a no-time-wasted approach to identifying, preparing and defending corporate witnesses for deposition and trial.

Our firm has developed an efficient and cost-effective approach to managing large liability cases, whether product liability or comprehensive general liability. We collect briefs and memoranda of law on a wide scope of subjects and issues and maintain a research bank that is indexed for quick access. We have access to the leading medical experts in a range of medical specialties.

Harris Beach attorneys routinely work with experts in accident reconstruction, biomechanics, mechanical engineering, metallurgy, warnings and human factors. We also work with toxicologists, immunologists, rheumatologists, epidemiologists, psychiatrists, and other expert witnesses such as architects and engineers that we may call upon in our clients’ defense.

E-Info℠ E-Discovery for Litigation

In crafting discovery responses, we locate, review, and ultimately supervise huge document productions in large product liability and comprehensive general liability cases. The Harris Beach e-info team’s combination of strategic legal document counsel and cutting-edge litigation support technology has made us the team organizations, including leading national law firms, trust to protect their interests by reducing the risk, time and expense of e-discovery in their biggest and most difficult legal challenges. The fully integrated, in-house e-info team of trial lawyers and predictive coding technology professionals are leaders in applying dataset analysis and technology-assisted review to complex litigation and investigations. Our comprehensive e-discovery solutions are powered by an innovative proprietary document review methodology which acts as an efficiency engine to leverage our attorneys’ analytical skills and increase document review accuracy by up to 70% and reduce review time and costs by up to 50%.

First Response Emergency, Crisis and Disaster Team

Product Liability Defense

Harris Beach product liability defense attorneys have successfully defended difficult and often highly charged product liability cases on behalf of some of the world’s leading consumer and industrial manufacturers. We have achieved defense verdicts, dismissals, voluntary discontinuances, summary judgments or reasonable settlements in potentially high-verdict product liability cases while maintaining a low profile for our clients defending manufacturers and/or distributors of such broadly diverse products as contact lenses, cement mixers, exercise equipment, commercial pesticides, pharmaceuticals and medical devices.

We fully immerse ourselves in our clients’ businesses by visiting their manufacturing sites to acquire hands-on experience with facsimile products, meeting with key witnesses, and locating and reviewing discovery documents instrumental in developing an effective defense strategy. We use qualified experts in each specialty area, obtain all relevant medical studies, and investigate all viable alternative causation defenses to protect the integrity of our clients’ products and reputations.

Our extensive product liability experience includes:

Consumer Products

Harris Beach represents numerous consumer products companies, including many among the Fortune 500. We have defended claims involving hair dyes, contact lens solutions, cosmetics, infant car seats and small appliances such as hair dryers, toaster ovens and irons. We also represent the manufacturers and distributors of over-the-counter drugs, latex gloves, liquid drain cleaners, dog foods, personal insect repellant sprays, , aerosol ant and roach sprays, beverage containers, and other consumer products that may involve chemical sensitivity or toxic exposure.

Industrial and Commercial Products

Our attorneys represent the manufacturers, distributors and retailers of a diverse array of industrial and commercial products. These include trucks, forklifts, cranes, aerial lift platforms, subway car propulsion systems, fueling components, industrial kitchen machinery, food processing equipment, industrial presses, cement mixers, electrical fixtures, elevators, pumps and turbines. Harris Beach represents North America’s largest heavy equipment rental company, defending claims concerning diverse rental equipment including portable light towers, boom lifts and scissor lifts. We also represent manufacturers of commercial pesticides and foggers, chemical solvents, asbestos containing products, tiles, gases, metals, acids, laboratory equipment and packaging, radiators, valves and boilers.

FDA-Regulated Products

Harris Beach has more than three decades of experience defending some of the world’s largest manufacturers and distributors of medical devices, pharmaceuticals, nutritional supplements, cosmetics, sunscreens, and biologics in state and federal courts. Our Medical and Life Sciences Industry Team attorneys defend drug and device product liability actions stemming from use during clinical trials, post-approval of new drug applications and abbreviated new drug applications, marketing and promotion of indications for use outside the cleared premarket approval or 510k, off-label promotion, failure to report adverse events to FDA, labeling inadequacies, design flaws, manufacturing or quality assurance errors, and product recalls. To help our clients avoid potentially damaging legal actions, our attorneys also examine pre- and post-market liability issues relating to submissions to the FDA including package inserts, marketing materials, warnings, patient labeling and document retention.

Pre-Product Launch Risk Assessment and Risk Management

The best possible time to analyze and manage any risk that may be associated with a product is before it hits the market. Our attorneys take a proactive approach to risk management counseling by reviewing our clients’ product communications prior to launch to help assess and head off potential liability risks. This in-depth analysis often includes the review of brochures, labels and packaging, and electronically stored information sources.

Controversial and Crisis Communications Management

Product liability cases can expose an organization to considerable public and media attention with potentially damaging consequences to their image, brand and internal morale. To mitigate such damage, organizations need to successfully manage these situations with strategic communications designed to put the controversy behind them as quickly and completely as possible. Our controversial and crisis communications management team helps clients craft an effective communications and media strategy to counter negative sentiment. Our team also helps organizations take a proactive approach by identifying potential risks and developing, implementing, and maintaining response plans to limit product liability risk and enhance the potential for successfully preserving their position in controversial or crisis situations.

■ People

Team Leaders

Abbie Eliasberg Fuchs

Member
(212) 313-5408
afuchs@harrisbeach.com

Team

Peri A. Berger

Member
(212) 912-3574
pberger@harrisbeach.com

David M. Capriotti

Member
(315) 214-2038
dcapriotti@harrisbeach.com

Judi Abbott Curry

Member
(212) 313-5404
jcurry@harrisbeach.com

Terrance P. Flynn

Member
(716) 200-5120
tflynn@harrisbeach.com

William J. Garry

Member
(516) 880-8490
wgarry@harrisbeach.com

Pamela B. Goldsmith

Member
(212) 313-5494
pgoldsmith@harrisbeach.com

Stanley Goos

Member
(212) 313-5452
sgoos@harrisbeach.com

Brendan P. Hall

Associate
(212) 912-3635
bhall@harrisbeach.com

Kelly Jones Howell

Member
(212) 912-3652
khowell@harrisbeach.com

David H. Kochman

Member
(212) 313-5488
dkochman@harrisbeach.com

Michael J. Masino

Member
(585) 419-8624
mmasino@harrisbeach.com

Frank C. Muggia

Member
(716) 200-5131
fmuggia@harrisbeach.com

Andrew J. Orenstein

Member
(212) 313-5473
aorenstein@harrisbeach.com

Christopher C. Palermo

Member
(914) 298-3032
cpalermo@harrisbeach.com

Harris Beach and its subsidiaries provide a full range of legal and professional services for clients across New York state, as well as nationally and internationally. Harris Beach is among the country’s top law firms as ranked by The National Law Journal and is among the BTI Elite law firms based on in-depth interviews of more than 600 corporate counsel at the world’s largest and most influential companies. Our clients include Fortune 100 corporations, privately-held companies, emerging businesses, public sector entities, not-for-profit organizations and individuals. Principal industries we represent include education, energy, financial, food and beverage, health care, insurance, manufacturing, medical and life sciences, real estate developers, and state and local governments and authorities.

Industry Teams
Automotive and Vehicle Dealerships
Blockchain and Digital Assets 
Cannabis
Construction and Surety
Educational Institutions Higher Ed
Educational Institutions K-12
EMS and Fire Protection Providers
Energy
Financial Institutions and Capital Markets
Food and Beverage
Health Care
Industrial and Consumer Manufacturing
Medical and Life Sciences
Municipalities and Local Agencies
Nanotechnology
Photonics
Racing and Gaming
Real Estate Developers
Science and Technology
Telecommunications and Media
Unmanned Aircraft Systems
USA Collegiate Sports
Veterinary Medicine

Practices
Alternative Dispute Resolution
Appellate
Business and Commercial Litigation
Collection Law
Commercial Real Estate
Corporate
Cybersecurity Protection and Response
Diversity Compliance
E-Discovery (e-infoSM)
Employee Benefits
Employment Litigation
Environmental Law
Environmental, Social and Governance (ESG)
Financial Restructuring, Bankruptcy and Creditors’ Rights
Government Compliance and Investigations
Health Law
Immigration Law
Insurance Coverage
Intellectual Property Law
International Trade Law
Internet Law
Labor and Employment Law
Mass Torts and Industry-Wide Litigation
New Markets Tax Credit
Patent, Trademark and Copyright Law
Product Liability and Comprehensive General Liability
Public Finance and Economic Development
Real Property Valuation Litigation
Residential Real Estate
Tax Law
White Collar Crime
Wills, Trusts and Estates

Consulting Services
HB Solutions LLC
Collegiate Sports Compliance
Data Privacy and Cybersecurity
Economic Development and Public Affairs
Educational Institution Assistance
EMRG® (E-Discovery Management Resources Group)
Energy
Health and Human Services
Human Resources
Information Technology
Marketing and Communication Services
Municipal and Local Agency Assistance

HB Cornerstone LLC
Owner Representation
Design Services
Facilities Consulting
Move Management

Caetra.io
CyMetric (Cybersecurity Regulation Compliance Software)

Offices throughout New York:

Albany
677 Broadway
Albany, NY 12207
518-427-9700

Buffalo
726 Exchange Street
Buffalo, NY 14210
716-200-5050

Ithaca
119 East Seneca Street
Ithaca, NY 14850
607-273-6444

Long Island
333 Earle Ovington Boulevard
Uniondale, NY 11553
516-880-8484

New York City
100 Wall Street
New York, NY 10005
212-687-0100

Rochester
99 Garnsey Road
Pittsford, NY 14534
585-419-8800

Saratoga Springs
513 Broadway
Saratoga Springs, NY 12866
518-587-0551

Syracuse
333 West Washington Street
Syracuse, NY 13202
315-423-7100

White Plains
445 Hamilton Avenue
White Plains, NY 10601
914-683-1200

Offices also in:

New Haven, CT
195 Church Street
New Haven, CT 06510
203-784-3159

Newark, NJ
One Gateway Center
Newark, NJ 07102
973-848-1244

Washington, DC
800-685-1429

Attorney Advertising. Prior results do not guarantee a similar outcome.
© 2022 Harris Beach PLLC

Content current as of June 5, 2023 6:25 pm
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