Product Liability

Recent News:

Cozen O’Connor Recognized as a “Best Law Firm” in 31 Practice Areas Nationwide, 54 Practice Areas Regionally

In 2024, Best Lawyers received more than 100,000 client references and observed a 65% increase in client participation in their survey.

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Product manufacturers know that even the most vigilant, safety-conscious companies must be prepared to respond to serious product liability claims. Compared to other torts, the evidentiary burden for plaintiffs is relatively low and potential monetary and reputational harm to defendants can be extraordinarily high.

Cozen O’Connor is a trial firm, first and foremost. We have been defending Fortune 500 companies in significant product liability litigation for more than three decades. Our attorneys are fellows of the American College of Trial Lawyers and the International Academy of Trial Lawyers; ranked by Chambers and Partners; and recognized as among the nation’s “most influential” trial attorneys who are regularly involved in “significant verdicts.”

SERVICES

We defend single action matters, class actions, mass torts and multidistrict litigation. Attorneys respond to congressional, regulatory and criminal investigations, and appear before state and federal courts, arbitration panels and federal agencies, including the Consumer Product Safety Commission and the Food and Drug Administration.

Cozen O’Connor serves as ongoing national counsel to major corporations in oft-targeted industries. Our attorneys build institutional and brand knowledge, create protocols for fielding claims, minimize overall liability, conserve in-house resources and guide manufacturers through product recalls and withdrawals.

In response to mass tort filings, we work with our clients to develop a national litigation strategy, coordinate multi-jurisdictional discovery, select and prepare experts, and identify critical bellwether cases for priority disposition. Our proactive approach often leads to swift and silent resolutions, minimizing disruption to ongoing business operations.

Our Product Regulatory team works with clients to prevent problems in the first place. We advise on federal and state regulatory compliance (including California’s Proposition 65), conduct risk audits and reviews, and counsel on product labeling, advertising, marketing and manuals.

While the design, manufacture, sale, and promotion of many products is now a global endeavor, the majority of U.S. product liability laws are determined by individual states and vary widely across jurisdiction. With offices abroad and lawyers licensed across the United States, Cozen O’Connor has the capacity to respond to product liability matters wherever they arise.

CLIENTS

Food & Beverage. Provide labeling, advertising and regulatory advice to the food, beverage and nutritional supplement industries. Respond to product liability claims, provide crisis management, guide product recalls and litigate business disputes.

Safety Products. Lead advocacy on behalf of the smoke alarm industry and serve as national coordinating counsel and national trial firm for an international alarm products manufacture. Our attorneys have tried numerous state and federal cases to verdict, often achieving complete victory.

Aviation. Represent aviation clients in multi-jurisdictional product liability, wrongful death and survival actions, personal injury, warranty claims, product recalls and property damage claims.

Medical & Life Sciences. Defend developers, designers, suppliers, manufacturers, and users of medical and life sciences products, particularly against claims of personal injury or wrongful death.

Toxic Torts.  Defend manufacturers and premises owners throughout the country in matters arising out of the release of and exposure to toxic substances, such as asbestos, heavy metals, mold and benzene.

Additional Focus Industries. Serve clients with exposures in the areas of sports equipment, automotive and off-road vehicles, construction equipment and building products, oil and gas, firearms and manufacturing equipment.

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Experience

Publications

EPA versus the State of California: An Important Glyphosate Update [Products Liability Prevention & Defense Blog]

August 20, 2019

Glyphosate is a widely used herbicide perhaps best known for being the active ingredient in the blockbuster weed killer Roundup®.  As many readers are probably aware, Roundup® is currently the subject of both state and federal litigation in which numerous plaintiffs allege that using Roundup® caused...

How Smart is it for Medical Devices to Learn New Tricks? The FDA Seeks Feedback On Its Proposed Regulatory Framework for Artificial Intelligence/Machine Learning-Based Medical Devices [Products Liability Prevention & Defense Blog]

May 29, 2019

In the shadow of the FDA’s new Proposed Regulatory Framework for Modifications to AI/ML-Based Software as a Medical Device, manufacturers are left to contemplate enhanced product liability exposure. AI-powered devices ingest new data and adjust accordingly – a feature that could result in entirely...

Manufacturers Can MAN UP With Defenses to the Texas Products Liability Act: Part II, How Sellers May Find Themselves a MAN DOWN [Products Liability Prevention & Defense Blog]

January 22, 2019

On September 11, 2018, Cozen O’Connor’s Product Liability Prevention and Defense (“PLPD”) blog provided a quick reference guide that manufacturers can consult to MAN UP on defenses when hit with a claim under Chapter 82 in Texas.  Hayden; Don't Find Yourself a MAN DOWN: Manufacturers Can MAN UP With...

The Canary in the Coal Mine Isn’t Looking So Good Anymore

December 04, 2018

John Sullivan, a member of the firm's Commercial Litigation Department, authored the blog, "The Canary in the Coal Mine Isn’t Looking So Good Anymore" for the Drug & Device Law blog.

Just In: New Jersey Supreme Court Adopts Daubert Factors For Assessing The Reliability Of Expert Testimony [Products Liability Prevention & Defense Blog]

September 24, 2018

On August 1, the Supreme Court of New Jersey issued a seminal ruling elucidating the state’s standard for admission of expert testimony in civil litigation.  In a unanimous decision, the Court adopted the Daubert factors for assessing the reliability of expert testimony, and reaffirmed the trial...

Events & Seminars

Past Events

DRI: Product Liability Conference

February 08, 2017 - Las Vegas, NV

Critical Issues in Litigation – 2016

November 03, 2016 - New York, NY

DRI Product Liability Conference 2016

February 03, 2016 - New Orleans, LA

In The News

Cozen O’Connor Recognized as a “Best Law Firm” in 31 Practice Areas Nationwide, 54 Practice Areas Regionally

November 07, 2024

In 2024, Best Lawyers received more than 100,000 client references and observed a 65% increase in client participation in their survey.

Best Lawyers Honors More Than 200 Cozen O'Connor Attorneys in its Best Lawyers in America 2025 Edition

August 15, 2024

Best Lawyers selected 242 Cozen O’Connor lawyers from 24 of the firm’s U.S. offices for inclusion in the 2025 edition of The Best Lawyers in America and Best Lawyers: Ones to Watch in America.

31 Cozen O'Connor Attorneys Named Pennsylvania Super Lawyers and Rising Stars

June 11, 2024

Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Only 5 percent of attorneys are named Super Lawyers; only 2.5 percent of attorneys are listed as Rising Stars.

Super Lawyers Recognizes 27 Cozen O’Connor Attorneys in New York

September 22, 2023

Thirteen attorneys were recognized as Super Lawyers and 14 were named “Rising Stars.”

Law360 Names Cozen O’Connor a Pennsylvania Powerhouse

August 23, 2023

Cozen O’Connor was previously named a Pennsylvania Powerhouse in 2022, 2018, and 2014.

Best Lawyers Honors More Than 200 Cozen O'Connor Attorneys to its Best Lawyers in America 2024 Edition

August 17, 2023

Best Lawyers selected 232 Cozen O’Connor lawyers from 24 of the firm’s U.S. offices for inclusion in the 2024 edition of The Best Lawyers in America.

Legal 500 Recognizes Six Cozen O’Connor Practice Areas and 16 Attorneys in its 2023 Guide

July 10, 2023

Cozen O'Connor's Aviation (Litigation/Regulation), Construction, L&E, M&A (Midmarket), Shipping (Finance and Litigation/Regulation) practices were ranked by the Legal 500.

Cozen O’Connor Recognized as a “Best Law Firm” in 30 Practice Areas Nationwide, 115 Practice Areas Regionally

November 30, 2022

U.S. News & World Report and Best Lawyers recognized Cozen O’Connor as a “Best Law Firm” in 30 practice areas nationwide and 115 practice areas regionally.

More Than 200 Cozen O’Connor Attorneys Named Best Lawyers and Ones to Watch

August 22, 2022

210 Cozen O’Connor lawyers from 24 of the firm’s nationwide offices for inclusion in the 2023 edition of The Best Lawyers in America.

Cozen O’Connor Recognized as a “Best Law Firm” in 29 Practice Areas Nationwide, 121 Practice Areas Regionally

November 04, 2021

U.S. News & World Report and Best Lawyers recognized Cozen O’Connor as a “Best Law Firm” in 29 practice areas nationwide and 121 practice areas regionally.

Three Cozen O’Connor Attorneys Selected to Best Lawyers in Canada

August 26, 2021

Cozen O’Connor is pleased to announce that Best Lawyers has selected three Cozen O’Connor lawyers for inclusion in the 2022 edition of The Best Lawyers in Canada.

Cozen O’Connor Expands International Offices with Strategic Additions in Vancouver and Toronto

June 14, 2021

The new additions will further expand the firm’s North American Intellectual Property, Securities Litigation, White Collar Defense & Investigations, Product Liability, and Commercial Litigation practices.

Litigation Leaders: Cozen O’Connor’s Jim Heller on Building Trial-Ready Product Liability, White Collar and Class Action Teams

March 29, 2021

The American Lawyer profiled Jim Heller as part of its Litigation Leader series, which features the country's biggest firms' litigation practice leaders.

Cozen O’Connor Recognized as a “Best Law Firm” in 25 Practice Areas Nationwide, 115 Practice Areas Regionally

November 05, 2020

U.S. News & World Report and Best Lawyers recognized Cozen O’Connor as a “Best Law Firm” in 25 practice areas nationwide and 115 practice areas regionally.

Contacts

James H. Heller

Co-Chair, Commercial Litigation Department
Chair, Product Liability

jimheller@cozen.com

(215) 665-2189

John J. Sullivan

Member

jsullivan@cozen.com

(212) 453-3729

People

Awards

Cozen O’Connor Recognized as a “Best Law Firm” in 31 Practice Areas Nationwide, 54 Practice Areas Regionally

November 07, 2024

In 2024, Best Lawyers received more than 100,000 client references and observed a 65% increase in client participation in their survey.

31 Cozen O'Connor Attorneys Named Pennsylvania Super Lawyers and Rising Stars

June 11, 2024

Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Only 5 percent of attorneys are named Super Lawyers; only 2.5 percent of attorneys are listed as Rising Stars.

Law360 Names Cozen O’Connor a Pennsylvania Powerhouse

August 23, 2023

Cozen O’Connor was previously named a Pennsylvania Powerhouse in 2022, 2018, and 2014.

Best Lawyers Honors More Than 200 Cozen O'Connor Attorneys to its Best Lawyers in America 2024 Edition

August 17, 2023

Best Lawyers selected 232 Cozen O’Connor lawyers from 24 of the firm’s U.S. offices for inclusion in the 2024 edition of The Best Lawyers in America.

Cozen O’Connor Recognized as a “Best Law Firm” in 30 Practice Areas Nationwide, 115 Practice Areas Regionally

November 30, 2022

U.S. News & World Report and Best Lawyers recognized Cozen O’Connor as a “Best Law Firm” in 30 practice areas nationwide and 115 practice areas regionally.

Cozen O’Connor Recognized as a “Best Law Firm” in 29 Practice Areas Nationwide, 121 Practice Areas Regionally

November 04, 2021

U.S. News & World Report and Best Lawyers recognized Cozen O’Connor as a “Best Law Firm” in 29 practice areas nationwide and 121 practice areas regionally.

Cozen O’Connor Recognized as a “Best Law Firm” in 25 Practice Areas Nationwide, 115 Practice Areas Regionally

November 05, 2020

U.S. News & World Report and Best Lawyers recognized Cozen O’Connor as a “Best Law Firm” in 25 practice areas nationwide and 115 practice areas regionally.

Cozen O’Connor Recognized As a Best Law Firm in 24 Practice Areas Nationwide, 106 Practice Areas Regionally

November 05, 2019

The U.S. News – Best Lawyers “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations and peer review from leading attorneys in their field.

138 Cozen O’Connor Attorneys Named to the Best Lawyers in America

August 28, 2019

Best Lawyers selected 138 Cozen O’Connor lawyers from 21 of the firm’s national offices for inclusion in the 2020 edition of The Best Lawyers in America.

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