Product Liability Litigation

Kraemer Burns' attorneys have extensive experience representing corporate and commercial clients in the defense of product liability claims, as well as injured claimants who have suffered serious personal injury or property damage from defective products or inadequate warnings. These claims have been handled in the state and federal courts of New Jersey, the Third Circuit Court, and the United States Supreme Court.

Product liability litigations are often complex, involving disputes as to the adequacy of the design of a product, whether it contained a manufacturing defect, whether the warnings were adequate or whether the end user properly used the product.

Some of the firm's high profile cases include:

East River SS Corp. v. Transamerica Delaval Inc. in which the firm served as local counsel in the District Court, Third Circuit and later on the brief and second chair at the argument in the United Sates Supreme Court. This is one of the nation's most important product liability decisions and substantially limits manufacturers' tort liabilities.

Malin v. Union Carbide Corp. represented an attempt by plaintiff's attorneys to establish that an epoxy resin caused photodermatitis, a debilitating dermatological disease. We served a defense counsel on behalf of our prevailing client.

The firm has also represented:

a major bicycle and sports equipment manufacturer and its distributors in numerous litigations in which alleged defects of those products were claimed to have caused serious personal injuries
motorcycle and helmet manufacturers involving claims of serious personal injuries and death caused in motorcycle accidents.
drug companies, flavor and fragrance companies, food and beverage companies and industrial machine manufacturers in defense of substantial product liability claims for personal injury and property damages.
large institutional clients claiming defects in roofing materials that caused significant water damage to office and warehouse buildings.
defendants in mass tort litigations in joint defense matters. For instance, the firm represented a chemical company involving claims asserted by approximately 1,000 individual plaintiffs, not brought as a class action, against numerous manufacturers supplying differing chemicals to the plaintiffs' single employer. The employees alleged that the products caused serious lung injuries. Kraemer Burns lawyers worked as part of a cooperative industry defense team with the counsel for the other manufacturers resulting in the settlement of all claims, keeping fees low in mass tort litigation against multi parties. Kraemer Burns' attorneys worked on the subcommittees interviewing and selecting medical experts, as well as developing protective orders relating to product trade secrets. Work on protective orders involved the delicate task of protecting trade secrets from plaintiffs, as well as maintaining secrecy among the defendants, many of whom where competitors.

Kraemer Burns has also represented claimants in high profile and high value cases, including prosecuting claims against a cheese manufacturer who designed its own guardrails on a cheese melting vat. The firm's client fell into the vat filled with boiling cheese sustaining severe injuries. With comprehensive reports from well regarded experts regarding the poor design of the railing and the inadequacy of the warnings, Kraemer Burns was able to achieve a substantial settlement at the opening of the trial.

Product Liability Litigation

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