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Practice Tip: The Expanding World of the Product Liability Litigator

By Joseph J. Ortego and Barbara A. Lukeman

Traditionally, when one thinks of the specialization area of product liability, one conjures up images of cases involving some sort of broken industrial or consumer product resulting in some type of physical injury. For the modern day product liability litigator, this is only partly the reality. The fact is, the specialty of product liability legal practice is greatly expanding. Modern day product liability litigators are called upon to litigate cases involving subject matter that is far more complex and varied than years past.

The definition of “product” includes such varied items as, for instance, electricity, transfused blood, sperm, information technology, computer software, and medical devices. Moreover, product liability litigators are being called upon to consult on matters outside the usual purview of product liability law. For instance, there is a distinct trend of trademark owners and patent holders using product liability attorneys to protect and defend their intellectual property.

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