Chartwell Law understands that product liability exposures for manufacturers and retailers encompass legal defense and affect risk management, insurance coverage, brand image and reputation, financial reporting, future corporate transactions, and business relationships. Our defense and counsel of original equipment manufacturers, completed product manufacturers, and suppliers, retailers, and brokers in all facets of products liability exposures is tailored to each client’s product, business goals, and litigation resolution philosophy.
We regularly defend consumer, recreational, mechanical, and industrial suppliers, manufacturers, and retailers from product defect claims, including strict liability, negligence, and failure to warn. Chartwell Law also defends clients throughout the United States in state and federal courts, instructs and oversees local counsel, and is "written in” defense counsel in insurance policies for aggregate and complete products coverage.
Chartwell Law has direct experience in the nuances of defending the emerging trends of post-sale failure to warn and recall-related litigation. We have handled cases involving both voluntary and involuntary CPSC regulated consumer product recalls, NHTSA regulated recalls, USCG regulated recalls, and non-regulated voluntary recalls and post-sale service bulletin negligence cases. We have developed relationships with key industry experts who are former general counsel of international manufacturing companies, as well as former CSPSC and NHTSA in-house counsel, to enhance and strengthen the defense of these particular cases.
Warranty and Magnusson Moss Warranty Act disputes require knowledge of and experience with a combination of state and federal tort and contract principles. Exposure to attorneys’ fees and costs by prevailing plaintiffs under MMWA requires early assessment and resolution considerations. Chartwell Law has handled claims in a variety of consumer product contexts, including appliances, boats, and recreational and sports equipment.
At Chartwell Law, we understanding that successfully defending subrogation product claims necessitates different types of litigation plans, defense strategies, and negotiation skills. Broader corporate concerns are often at play regarding litigation trends by particular insurers, experiences with insurers across multiple venues and jurisdictions, and changing relationships, such as cessation or institution of national arbitration agreements.
Chartwell Law has a particular strength and depth of experience in fire and explosion cause and origin investigations and has served as lead counsel on numerous NFPA 921 investigations. Such investigations can be time consuming, expensive, and prone to disorganization if not handled by attorneys that have actual experience in that arena. Our skills are complimented through the relationships we have developed with premier fire and explosion experts, who can be called upon quickly to represent Chartwell Law clients, and who are past and present heads of the NFPA 921 committee and related experts in fields of electrical and mechanical, fire science, and materials engineering.
Chartwell Law represents product manufacturers and retailers in all aspects of insured and uninsured matters, including U.C.C. contract disputes, equitable remedy claims, warranty claims, distribution and supply agreement disputes, and indemnity and defense tender and demand claims.
Chartwell Law also counsels manufacturers, suppliers, and retailers in the preparation and revision of sales and distribution contract terms and conditions, warranties, disclaimers, and limitations in both domestic and international sales. We also provide counsel regarding product manuals and instructions, labeling and internet and marketing brochure content and form.