Product Liability/Mass Tort

Recreational and Powersports Products

We are one of the nation’s leading firms in defending recreational and powersports products. We have represented the majority of the leading powersports manufacturers in hundreds of cases throughout North America, in nearly every state and most of Canada’s provinces.  We have defended against every type of claim and achieved complete dismissals, trial victories, and favorable settlements. Read more about our experience using the links below.

Vehicles
Emerging Technologies
Vehicle Standards and Warning Labels
Total Litigation Partnership
In-House and Outside Expertise

Vehicles

  • Defended more than 100 ATV cases involving claims of stability, stuck throttle, rear pitch, fires, failed components, warnings, and other types of claim.
  • Represented numerous manufacturers in more than 75 side-by-side cases involving, among many others, roll-overs and overturns, roll cage issues, fires, egress issues, and throttle claims.
  • Litigated snowmobile cases throughout the United States and Canada involving claims of serious injuries or death.
  • Frequently defended cases involving other recreational vehicles including personal watercraft, boats, motorcycles, bicycles, and Segways.
  • Utilized extreme familiarity with vehicles to gain litigation upper hand.
  • Represented companies on recalls and CPSC investigations, and assisted with the preparation of safety compliance plans.

Emerging Technologies

  • We represent and advise makers of personal transportation devices, including electric skateboards, electric scooters, hoverboards and self-balancing scooters, e-bikes, and other electric vehicles
  • Deep familiarity with lithium-ion battery technology, including defending fire and explosion claims involving lithium-ion batteries and battery-powered products.
  • We represent clients on issues relating to Unmanned Aircraft Systems (drones), including advice and consulting, regulatory compliance, and litigation

Vehicle Standards and Warning Labels

  • Assist companies in preparing operator’s manuals, or product warnings and instructions.
  • Utilize ANSI-SVIA standard and history of ATV development to undercut vehicle defect claims.
  • Initial drafting of ANSI-ROHVA standard and very knowledgeable about all aspects of snowmobile SSCC standard.
  • Aggressive use of vehicle warning labels, manuals, and other point-of-purchase materials to undermine plaintiff’s claims.
  • Use evolution of standards and vehicles to highlight safety advances and State of the Art vehicle designs.

Total Litigation Partnership

  • Partner with clients to ensure that litigation handling meets business needs.
  • Identify and work to minimize risks associated with designing, testing, manufacturing, and selling products.
  • Conduct thorough initial investigations and early case assessment to structure case handling and develop budgets.
  • Measure litigation performance based on client’s chosen metrics or business needs.
  • Conduct “Lessons Learned” follow-up after case resolution to reduce repeat claims.
  • Have in-house experience managing cases, working with engineering staff, and meeting budgets.

In-House and Outside Expertise

  • Provide training to employees on areas critical to litigation defense and minimizing future exposure.
  • Utilize comprehensive network of outside experts to assist in-house engineers in defending against claims.
  • Work closely with in-house engineering staff regarding vehicle design choices to support case defense.
  • Associated Professionals

612.305.7708

612.305.7517

Peter D. Gray

Peter D. Gray

Special Counsel

612.573.2970

Benjamin C. Johnson

Benjamin C. Johnson

Shareholder & Co-Chair, Product Liability/Mass Tort

612.305.7693

Brian N. Johnson

Brian N. Johnson

Shareholder

612.305.7505

612.305.7749

Christy M. Mennen

Christy M. Mennen

Shareholder

612.305.7520

612.305.7721

Matthew C. Murphy

Matthew C. Murphy

Shareholder

612.305.7710

612.305.7726

Scott M. Rusert

Scott M. Rusert

Shareholder

612.305.7720

612.305.7526

John J. Wackman

John J. Wackman

Shareholder

612.305.7659

David J. Warden

David J. Warden

Associate

612.305.7706