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What Are Product-Liability Claims?

A product-liability claim is any claim based on personal injury, death, property damage, or other adverse effects arising from the use of a product. When a defective or poorly designed product causes injuries or damage to property, the manufacturer and other members of the supply chain may be held liable under one or more of the following theories:

  • Negligence – The manufacturer did not exercise due care—for example, by using low-quality materials, failing to provide adequate instructions, or failing to warn consumers about product dangers.
  • Strict Liability – The product is inherently or unreasonably dangerous or defective, regardless of the degree of care taken.
  • Breach of Warranty – The product did not perform as expected or in accordance with the manufacturer’s express or implied warranties.
  • Consumer-Protection Statutes – The product violated state consumer-protection statutes such as laws against false advertising or other unfair or deceptive practices.

Product Liability Claims We Handle

Product-liability claims are as varied as the products available on the market. We represent plaintiffs in complex product liability litigation, including class or mass actions in which multiple people were injured or affected by the same product or class of products. Our team has experience litigating product-liability claims involving pharmaceuticals, medical devices, and a wide variety of other consumer products.

Case Highlight: 3M Combat Arms Earplugs Multi-District Litigation

In February 2019, Keller Lenkner began filing lawsuits against manufacturer 3M and related companies on behalf of military service members who used Combat Arms Earplugs during training and while deployed on active duty. The suits allege that the earplugs failed to protect service members from hearing loss and other damage. Evidence suggests that the manufacturer was aware of a defect in the product’s design and falsified test results to secure an exclusive contract with the U.S. Department of Defense. Potentially thousands of more lawsuits may be filed, as records show that more than 800,000 service members suffer from hearing damage despite having used 3M’s product.

Lawsuits alleging damage related to the use of the Combat Arms Earplugs were consolidated in the U.S. District Court for the Northern District of Florida. The court appointed Keller Lenkner’s Nicole Berg to the plaintiffs’ leadership team. Nicole and many others at Keller Lenkner are working to secure recoveries for our service member clients.