Canadian companies exporting products to foreign markets are frequently forced to litigate in those jurisdictions because of product liability and other claims asserted by both private litigants and regulators. A disproportionate percentage of claims that Canadian product manufacturers face are brought in the United States. In this presentation, Kent Schmidt, a California litigation attorney, explains the common theories on which product manufacturers are sued and outlines steps that companies can take to mitigate against these types of risks. In addition to addressing the typical product liability claims that arise from personal injury, he explores a variety of other non-injury claims such as breach of warranty claims (including business-to-business transactions) and emerging trends in product regulation and consumer class actions. Specific topics include:
- The three types of defects asserted in a product liability claim and prophylactic strategies for addressing these risks.
- How Canadian companies can limit liability through effective disclaimers of warranties, liquidated damages clauses and insurance coverage strategies.
- Overview of recurring legal issues in business-to-business sales of products, including the Uniform Commercial Code’s provisions relating to the creation and disclaimer of warranties.
- Why consumer class actions for deceptive advertising continue to represent significant risks to companies advertising, selling and distributing products.
- Summary of California’s consumer protection statutes that require companies to amend disclosures, test products for harmful chemicals, modify billing practices, expand disclosure statements and re-examine advertising claims.
Presenter:
- Kent J. Schmidt, Partner, Products Liability Litigation
A copy of the materials is available upon request. Please contact Kent Schmidt at schmidt.kent dorsey.com or (714) 800-1445.
**NOTE: Watching this recording does not allow the user to obtain CLE, CPD, CPE or HR credits.