Product Liability

Davis Malm litigators and trial attorneys have handled a variety of product liability cases. We have obtained successful results for plaintiffs and defendants in in matters where defective products have caused serious injury. We have represented foreign and domestic companies that manufacture machine tools, medical devices, drugs, software systems, automobiles, and restaurant and hospital equipment, among others.

Our litigation and trial lawyers are experienced with the common and statutory laws involving the prospective liability of manufacturers, distributors, and sellers of products to purchasers, users, and bystanders for personal injury and property damage caused by alleged defects in those products. These areas cover negligence, strict liability, breach of warranty (express or implied), and misrepresentation, and can also arise more specifically in the design, manufacture, permitted use (and misuse), and warnings contexts. Our litigation and trial lawyers are also familiar with the state and federal agencies and trade organizations that regulate and monitor the use and performance of products in the United States, from the Consumer Product Safety Commission to the Environmental Protection Agency.

Our product liability team includes an attorney who serves as the Secretary of the American Bar Association Business Law Section and is the Immediate Past Chair of the American Bar Association Business and Corporation Litigation Committee. Another co-authored a chapter focused on Chapter 93A and product liability for Massachusetts Continuing Legal Education.