Products Liability and Torts Litigation

"Very thorough, great communication and excellent legal experience." "Tremendous counsel with a great track record - they are a cut above the rest."
Chambers USA, 2013, NJ and CT Litigation: General Commercial

For more than 70 years, Day Pitney attorneys have provided clients with comprehensive and innovative defenses of products liability, mass tort and class action matters. Our products liability practice is widely recognized as one of the strongest in the Northeast, and the attorneys in the practice have literally written the book on products liability.

We have served as national and regional counsel and regularly represent manufacturers, distributors, retailers, lessors, water companies and municipalities facing allegations of injury and loss related to products and services including, among others:

  • Agricultural equipment
  • Asbestos, chemicals and groundwater contamination
  • Automobiles, trucks, and aircraft
  • Outdoor power equipment and power tools
  • Computers
  • Food products, alcohol and tobacco
  • Fire and safety equipment
  • Healthcare, medical devices and pharmaceuticals
  • Industrial and construction equipment
  • A wide spectrum of consumer products

We achieve the best results for clients because we treat every case as if it will be tried. A trial-ready approach strengthens a client's position whether the case goes to court or is settled. At the same time, we also appreciate and share our clients' concerns about their business needs and respond with creative problem-solving and effective, innovative dispute resolution alternatives. Our reputation as tough and reasonable litigators gives clients an edge in either scenario.

Clients also turn to Day Pitney for counseling in related areas of practice, including personal injury and general negligence matters. We provide clients with preventive counseling regarding warnings, warranties and compliance with federal and state statutes concerning consumer product safety and design, and keep them informed of changes in legislation impacting the workplace.

We are a visible, influential presence in legal and industry groups that deal with emerging products liability law and litigation issues, including the American College of Trial Lawyers, Product Liability Advisory Council, the American Board of Trial Advocates, the Defense Research Institute, the International Association of Defense Counsel, the Federation of Defense & Corporate Counsel, the American Bar Association Litigation Section, and its various Automotive, Industrial Equipment and Environmental and Toxic Tort subcommittees.

Mass Tort Litigation

Day Pitney has served as national coordinating counsel and trial counsel in some of the most significant mass tort cases in the United States, helping clients win decisive victories in cases involving pharmaceuticals and medical devices, toxic torts and chemical contamination and mass disasters alleging to have caused a broad range of injuries, from repetitive stress syndrome to pulmonary disabilities and from rare cancers and diseases to disfiguring acid burns.

Our team executes the appropriate litigation plan for the client's challenge, strategically managing the complex process and leveraging sophisticated case management tools to increase efficiencies at every stage.

In addition to highly skilled legal counsel, we provide clients with experience in many highly technical fields in which our attorneys have advanced degrees. Moreover, we assemble and coordinate defense strategies with great efficiency, owing to a resource we have built up over the years; our 50-state and international network of both legal counsel and non-legal professionals, comprising physicians, epidemiologists, toxicologists, psychologists, oncologists, engineers, actuaries and others.

Representative Matters

Day Pitney lawyers have successfully defended:

  • A global bank defending claims of alleged injuries from exposure to contaminants in lower Manhattan as a result of the September 11, 2001, attacks.
  • A major energy company defending a mass tort claim for personal injury, property damage and other relief involving more than 300 plaintiffs who allegedly resided near one of the company's former manufactured gas plants.
  • A group of chemical and auto companies among approximately 300 companies defending three actions alleging pulmonary injuries and cancer suffered by the owner-operators of a licensed waste disposal facility and by firemen who responded to an explosion at the site.
  • A major consumer product manufacturer in a class action pending in the Supreme Court of New York State involving claims of product defect and punitive damages.
  • A global security company defending several cases involving catastrophic injury and death resulting from a fire that destroyed a college dormitory.
  • A manufacturer defending claims in a consolidated trial of 13 asbestos cases, including two death cases.
  • A major dietary supplement company in a litigation regarding a weight-loss drug.
  • A global specialty chemical company in a settlement related to a suit demanding costs incurred by another company for abating contamination at a site.
  • An industrial gas manufacturer defending various claims from employees stemming from exposure to vinyl chloride monomer and seeking damages for wrongful death, personal injury and medical monitoring.
  • A Connecticut water company in property damage cases arising from contamination of aquifers by toxic chemicals.
  • A major tool and construction manufacturer defending products liability and negligence claims against the company in state and federal courts.
  • A large pet healthcare manufacturer in a class action demanding removal of a product from the market, an action that threatened to proliferate into several class actions throughout the nation.
  • A pharmaceutical manufacturer defending claims for alleged in-utero injuries caused by ingestion of diethylstilbestrol by the plaintiff' mothers, in which we were coordinating counsel.
  • A group of chemical and auto companies defending against about 300 defendants in three actions alleging pulmonary injuries and cancer suffered by the owner-operators of licensed waste disposal facilities.
  • A tobacco company in a products liability case wherein a plaintiff asserted that the decedent's death was caused by defective cigarettes.
  • A personal injury action to a jury verdict wherein a plaintiff made a multimillion-dollar demand for alleged brain injury that was rejected by the jury.
  • Claims against the manufacturer of an aircraft propeller system in a fatal air disaster case tried in the U.S. District Court for the Northern District of Georgia.
  • The manufacturer of industrial equipment in a case involving the collapse of a suspended scaffold that resulted in two deaths.
  • A European manufacturer against claims of brain damage and seat belt failure.
  • A Big Three major automobile manufacturer involving a claim of product defect and crashworthiness claims and involving claims of catastrophic injury.
  • A global specialty chemical company in a suit demanding costs incurred by another company for abating contamination at a site.
  • Major chemical companies in Lore, et al. v. Lone Pine, et al., toxic tort litigation in which we served as lead counsel and presented argument to the Court on behalf of more than 450 alleged generator defendants that resulted in the dismissal of action. The Lone Pine Order has become a standard in toxic tort litigation throughout the United States.
  • A major consumer product manufacturer in a class action pending in the Supreme Court of New York State involving claims of product defect and punitive damages.
  • Clients in a property damage action arising out of the explosion of industrial equipment, which resulted in a jury verdict of $18.3 million in favor of our clients.