Products Liability

Kean Miller’s Product Liability Litigation team represents manufacturing, petrochemical, energy, food, technology, and industrial clients in tort litigation involving accidents, mass disaster cases such as explosions, releases, and spills, and in cases involving consumer and medical products. Our attorneys litigate individual cases, but emphasize the development of litigation strategies for multiple cases over a period of time. We represent clients in numerous jurisdictions throughout Louisiana and Texas in the state and federal court systems. In many cases we act as local counsel, helping our clients negotiate the Louisiana legal system.

We work with our clients to develop early, effective strategies for disposition of cases. Kean Miller provides assistance in complex negotiations with governmental and administrative bodies such as CPSC, OSHA, EPA, FDA and other regulatory agencies. We prepare emergency action plans, critique chemical plant process safety plans, review insurance coverage, and manage high-stakes litigation. We help our clients with compliance and regulatory issues, in reviewing promotional material, and in preparing documentation to communicate information about products to the public at large.  When lawsuits are filed, we seek to find creative, efficient solutions that allow our clients to succeed. 

Representative Experience:
  • Representation of an electric motor manufacturer in a products liability case involving a barn fire in which twenty-seven thoroughbred race horses were lost.  The plaintiff sought $7,000,000 in damages for the fire loss.  A jury in Terrebonne Parish returned a defense verdict after a three-week trial.
  • Representation of a ladder manufacturer in multiple cases filed in the Gulf Coast region, obtaining defense verdicts in Louisiana (federal and state courts), Texas (federal court) and Mississippi (state and federal courts).
  • Representation of one of the world’s largest software and technology companies in a proposed products liability class action involving their computer operating system. Kean Miller was successful in defeating the class action certification and in having the remaining individual claims dismissed.
  • Representation of a global pesticide manufacturer and pesticide distributors in a multi-plaintiff lawsuit involving damage to crawfish wholesalers and processors caused by a rice pesticide.  Tried to verdict the claims of three bell weather plaintiffs.
  • Local counsel for a major tobacco company in the defense of product liability cases throughout Louisiana.
  • Representation of international manufacturer in numerous product liability cases in which the plaintiffs alleged injuries as a result of exposure to various chemicals.
  • Representation of a global pesticide manufacturer, in a class action lawsuit involving the alleged contamination of crawfish farming fields.
  • Representation of a national power tool manufacturer in personal injury actions and fire claims for allegedly defective parts and equipment.
  • Representation of a global chemical and plastics company in a product liability action involving blow-molding machines used to produce plastic containers. The case was dismissed on summary judgment.
  • Representation of an international paint and coatings manufacturer in connection with a slip and fall off of a loading ramp at an automobile dealership and long-term disability claim. The plaintiff alleged a defect in the client’s design and warning regarding a slip resistant paint and surface. The court granted summary judgment in favor of our client under the Louisiana Products Liability Act ("LPLA").
  • Representation of pharmaceutical companies in pharmaceutical product liability cases.
  • Representation of an international paint producer in connection with a claim of long-term occupational exposure and contraction of cancer arising out of occupational use of paint. The case settled one month prior to trial at 2% of plaintiff's settlement demand.
  • Representation of an international paint producer in connection with claims of defective design and warning regarding paints used in residences. The court granted summary judgment under the LPLA in favor of our client.
  • Representation of a national drug store chain in phen-fen and PPA (phenylpropanolamine) class action claims that were initially filed in Louisiana and transferred to the Multi-District Litigation Panel.
  • Counsel to a major appliance manufacturer in a products liability case involving allegations of brain damage and other health problems resulting from alleged exposure to excess levels of carbon monoxide emitted from an oven. The case was resolved through mediation.
  • Representation of safety relief valve manufacturer in a case alleging premature release of a propane cloud due to defective manufacture of the valve. The case went to trial before a jury in Opelousas, St. Landry Parish, Louisiana, and the jury unanimously found in favor of the valve manufacturer delivering a "no defect" verdict.
  • Representation of various chemical plants and operators in toxic tort cases in connection with issues of defective design of equipment involved in fires or explosions.
  • Representation of the manufacturer of a component of an industrial crane involved in an accident involving $2 million in property damage claim and maritime personal injury claim. Following discovery, we obtained a voluntary dismissal for our client.
  • Representation of a manufacturer of a scaffolding system in a three-day jury trial in federal court. The jury found in favor of the client, and a take-nothing judgment was entered on the plaintiffs' claims.
  • Representation of a manufacturer of “highlines” trucks (trucks used to work on power lines) in products liability trial.
  • Representation of a major manufacturer of all terrain vehicles in claim of defect in design and function.
  • Representation of an industrial crane manufacturer in defense of products liability, defective design, and product failure claims regarding the collapse of cranes. We obtained a favorable result for the client with a summary judgment being rendered in our favor dismissing the plaintiff’s million dollar claim.
  • Representation of the manufacturer of large earth moving machines in defense of claims of defective design and misrepresentation. The claim was resolved in favor of our client with the plaintiff granting a voluntary dismissal of its claims after discovery.
  • Representation of a large food company in defense of products liability actions regarding foreign substances in processed food products.