Product Liability

In order to defend a product, you must know that product.

Each attorney in MAJ’s Product Liability practice group is barred in Pennsylvania, New Jersey and New York. Our attorneys are well-versed in the state statutes, federal statutes, applicable case law precedent and courtroom procedures.

Whether it’s microscopic particulates in cosmetics or 20-ton pile driving rigs, we research the particulars of every product we defend, and relish the opportunity to put on hard hats, steel-toe boots or Tyvek suits to inspect products or to attend a real-world demonstration.

Thanks to this hands-on approach, the Morgan, Akins & Jackson Product Liability practice group has experience in complex industries like:

  • Powered industrial machinery
  • Commercial machinery
  • Heavy construction equipment
  • Recreational equipment
  • Consumer products
  • Medical devices

We defend clients in suits alleging:

  • Design defect
  • Manufacturing defect
  • Failure-to-warn
  • Negligence
  • Warranty claims

Given our breadth of experience, we are able to anticipate our opponents’ moves and counter them effectively using defense strategies including, but not limited to:

  • Product modification
  • Product misuse
  • State of the art
  • Feasibility
  • Federal preemption
  • Statute of repose
  • Unavoidably unsafe but highly necessary products


“Has the product been clearly and accurately identified?”

Foreign and domestic manufacturers can copy well-known designs, often with cheaper, failure-prone materials, making it difficult to identify the knock-offs. Luckily, we understand the importance of accurate product identification.

“What contracts and agreements apply to the product and our client?”

As a product maneuvers through a distribution chain, multiple entities can come into contact with it. Agreements between these entities may result in the naming of a codefendant to share in strategy and cost.

“Can we account for the entire stream of manufacture and distribution of the product?”

In some cases, answering that question is easy. However, the bulk of these matters involve complex distribution chains and post-market modifications before reaching the shelf of a retailer. Understanding each link in the chain is vitally important, as the product at issue may have been changed along the way, causing a defect.

We pledge to provide a comprehensive and detailed litigation plan to each client within thirty to sixty days of receipt of a lawsuit, and will work alongside you until the matter is resolved.

Questions about product liability?