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Product Liability

Marshall Dennehey Warner Coleman & Goggin litigation attorneys have been actively defending product liability claims for over 40 years. These attorneys provide considerable experience and knowledge on behalf of our product liability clients.
Our product liability attorneys have defended cases alleging defects in manufacture, design, failure to warn and breach of warranty of every imaginable variety. Attorneys in this practice group have represented foreign and domestic manufacturers and act as national coordinating counsel and regional counsel in a number of state and federal courts. Our attorneys have served as advisors to companies offering new or improved products, addressing litigation consequences and advertising.
Members of this litigation group are familiar with product liability cases including:

  • Pharmaceutical products
  • Medical devices
  • Agricultural products
  • Electrical equipment
  • Firearms
  • Sporting goods
  • Recreational products
  • Home appliances
  • Powered equipment
  • Industrial machinery
  • Watercraft
  • Automobile parts
  • Automobiles
  • Railroad and aviation equipment
  • Food products

The attorneys in this practice group are recognized leaders in this area of the law. Our attorneys frequently speak at national, regional and local seminars, and they are published in their field. Moreover, several attorneys have been elected as Fellows of the American College of Trial Lawyers. Their memberships include: Product Liability Advisory Council, Product Liability Committee of the Defense Research Institute, International Association of Defense Counsel, Federation of Defense and Corporate Counsel, the Pennsylvania Bar Association and the Trial Lawyers of America.
Through an investment in state-of-the-art computerization and technology, members of this practice group maintain and share current information concerning expert witnesses, the law and the ever-changing landscape of statutory and regulatory requirements. These litigators remain vigilant for rapidly developing changes in the law, medico-legal literature, technology and the latest theories of liability advanced by experienced plaintiffs' attorneys.
Members of this practice group are often called upon to direct and participate in jury research and case evaluations using focus groups.  State-of-the-art exhibits are often employed to educate and persuade jurors of the merits of the products they defend.
Attorneys in this practice group are litigators in the truest sense of the word.  They have tried to verdict cases of every size and complexity. Yet, they keep a keen eye on the costs associated with this type of litigation. They are poised to work closely with our clients to develop innovative and practical approaches to keep costs and fees as low as possible.
Our firm has long prided itself in providing quality legal services at competitive rates. We can do this, particularly in product liability cases, because of the extensive experience of our attorneys, judicious staffing of cases and a case focus that never diverts from providing our clients with a practical, results-oriented defense.
We welcome the opportunity to work closely with you in defending your company and its products against product liability claims. We clearly understand and respond to the needs of our clients to protect the integrity and reputation of their products, as well as their proprietary interests.
Our product liability attorneys serve clients in communities throughout Pennsylvania, New Jersey, Delaware, Ohio, Florida and New York.

Members of our Product Liability Practice Group are also available to give presentations at your location or in any of our offices.


May 11, 2017
The defense prevailed on preliminary objections in Philadelphia County based on lack of jurisdiction over a truck manufacturer. ​The case was originally filed in the federal court, but jurisdiction was found to be improper. If a party is an LLC,...
May 11, 2017
Obtained summary judgment on behalf of a dollar store chain in a product liability case. ​The plaintiff was burned over half her body when an allegedly defective potholder, sold by our client, ignited while she was getting a pan out of her oven. The...
Aug 25, 2016
Obtained dismissal of our clients for lack of personal jurisdiction in Philadelphia County. The plaintiff alleged that he sustained major lacerations and nerve damage to his right hand while using a table saw in the course and scope of his...
Aug 25, 2016
Obtained a defense verdict on behalf of a German luxury vehicle manufacturer after a jury trial in the U.S. District Court for the Eastern District of Pennsylvania. The plaintiff alleged that he regularly let his motorcycle idle in his garage to...
Apr 21, 2016
Obtained a defense verdict in a product liability case following a week-long jury trial. The case involved product liability and warranty claims arising out of the manufacture of a mobile home. The plaintiffs claimed that the home was...
Sep 21, 2015
Obtained summary judgment on behalf of a large Japanese equipment manufacturer in a catastrophic brain injury case in a product liability action in Pennsylvania. A front-end loader was being operated on a public highway and proceeded to make a...
Sep 12, 2013
A summary judgment was obtained in a product liability case in which the plaintiff alleged that he was injured as a result of using a cold therapy unit, designed for post-surgical use to reduce pain and swelling. The plaintiff alleged that he...
Oct 1, 2012
In a products liability trial, we successfully convinced the jury that the contact trip pneumatic nailer was not defective. After seven hours of deliberations, the jury found that the contract trip tool was not defective. We obtained a defense...
Oct 17, 2011
Attorneys obtained a jury defense verdict in a product defect case involving a collapsed 30-ton drill rig being lifted by two slings manufactured by our client. Plaintiff instituted suit regarding a construction site crane accident. A 30-ton drill...
Nov 22, 2010
Attorney obtained summary judgment in a products liability action brought against our client, a national carpet manufacturer. The plaintiffs claimed that our client's carpeting contained carcinogens and other harmful chemicals that forced them to...



Law Alerts January 1, 2011
When asserting an affirmative defense, the defendant bears the burden of showing highly reckless conduct by the plaintiff. They must show the plaintiff knew or had reason to know of facts that created a high degree of risk of physical harm to..., Case Law Alert - 1st Qtr 2011
Law Alerts January 1, 2011
Lenny Budnick was a musician who contracted lung cancer and emphysema and died at age 52. The jury concluded that Mr. Budnick smoked because he wanted to, not because he was addicted., Case Law Alert - 1st Qtr 2011
Law Alerts January 1, 2011
In a strict liability action under New Jersey law, the court erred by instructing the jury on principles of comparative and contributory negligence and assumption of risk and failing to limit consideration of the conduct of the plaintiff., Case Law Alert - 1st Qtr 2011
Law Alerts January 1, 2011
Webb was brought by the daughter of deceased smoker James Kayce Horner. The decedent started smoking at age 17 in 1934 and smoked for more than 60 years until he died of lung cancer March 11, 1996, at age 78. The decedent smoked the Reynolds brands..., Case Law Alert - 1st Qtr 2011
Law Alerts October 1, 2010
In order for a plaintiff to prove that a non-disclosed risk would have altered a treating physician's decision to prescribe a drug, he must demonstrate that she suffered from the precise injury the manufacturer allegedly failed to disclose. Only if..., Case Law Alert - 4th Qtr 2010
Defense Digest Article June 1, 2010
Pennsylvania - Product Liability , Key Points: Do OSHA and ANSI preempt state law tort claims? Can a plaintiff bring a products liability claim alleging that a product contain safeguards in addition to those required by OSHA and..., Defense Digest, Vol. 16, No. 2, June 2010
Defense Digest Article March 1, 2010
Once it became clear that claims related to defective drywall manufactured in China were going to be filed at a near epidemic level, the leadership of Marshall, Dennehey, Warner, Coleman & Goggin recognized its clients would be drastically..., Defense Digest, Vol. 16, No. 1, March 2010
Defense Digest Article March 1, 2010
Pennsylvania -- Product Liability , Key Points: To make out a prima facie case under the malfunction theory where a product has performed successfully in the years leading up to the alleged "malfunction," a plaintiff must adduce some..., Defense Digest, Vol. 16, No. 1, March 2010
Defense Digest Article December 1, 2009
Pennsylvania -- Automobile Liability & Product Liability , Key Points: Pennsylvania statute precludes defendants from offering evidence that plaintiff was not wearing seatbelt at the time of collision. Seatbelt preclusion applies not only to comparative..., Defense Digest, Vol. 15, No. 4, December 2009
Defense Digest Article December 1, 2009
At first, product liability law seems simple. Was the product safe? Did some feature of the product, or the absence of a feature, cause the plaintiff's injury? Plaintiffs' counsel always attempt to take advantage of this apparent simplicity..., Defense Digest, Vol. 15, No. 4, December 2009


January 23, 2018
Experienced trial attorney Heather Russell Fine has joined Marshall Dennehey's Philadelphia office as a shareholder in the firm's Casualty Department. Ms. Fine was previously a partner at Griesing Law LLC and at Eckert Seamans Cherin & Mellott, both in Philadelphia. Ms. Fine focuses her...
August 15, 2017
Thomas P. Wagner, shareholder in the Philadelphia office of Marshall Dennehey Warner Coleman & Goggin, has been named the 2018 Personal Injury Litigation, Defendants, "Lawyer of the Year" in Philadelphia by Best Lawyers in America©. Best Lawyers began designating "Lawyers of the Year" in high-...
January 5, 2017
Tiffany J. Giangiulio, Esq., has joined the Philadelphia office of Marshall Dennehey Warner Coleman & Goggin as a shareholder in the firm's Casualty Department. Ms. Giangiulio concentrates her practice in the areas of asbestos and mass tort, environmental and toxic tort, and product liability...
November 15, 2016
Marshall Dennehey announced today that Joseph J. Rava, a veteran of the insurance and defense litigation industries, has joined the firm's Westchester County office as a shareholder in the Casualty Department. Previously, he was regional house counsel for Harleysville/Nationwide Insurance, where he...
June 29, 2015
Marshall Dennehey Warner Coleman & Goggin has added Shareholder Dennis P. Dore, Special Counsel Jessica Lanifero and Associate Christopher D. Walsh in Jacksonville. All three attorneys join the firm’s Casualty Department and were previously with the Jacksonville office of Kelley Kronenberg. “...
October 16, 2014
Bradley D. Remick, shareholder in the Philadelphia office of Marshall Dennehey Warner Coleman & Goggin, has authored the book, Pennsylvania Products Liability, published by The Legal Intelligencer.  Mr. Remick is a Supervising Attorney in the firm's Product Liability Practice Group, where he...
Seminar Dec 16, 2014
Keith Heinold will be a featured presenter for the Pennsylvania Bar Institute's webinar Tincher: A New Frontier. On November 19, 2014 the Pennsylvania Supreme Court released its much anticipated products liability decision in Tincher v. Omega...
Conference Jul 12, 2017
Brooks Foland of our Harrisburg office will present "Stacking, Sign Downs, and Rejection of Uninsured and Underinsured Motorist Coverage: Making Heads and Tails Out of All the Different Forms and Rules" at PDI's 49th Annual Conference...


Keith D. Heinold
Chair, Product Liability Practice Group
(215) 575-2640


Eric A. Weiss
Co-Chair, Product Liability Practice Group; Co-Chair, Class Action Litigation Practice Group
(215) 575-2676

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