Defective Product Liability


Our goal: to assist you by generating practical solutions at all stages of your project, for the prevention and management, including in case of crisis situation, in all industrial sectors (e.g. construction, heavy industry, energy, luxury industry, pharmaceutical and phytosanitary industry, car industry, transport, agri-food sector).

BMHAVOCATS advises and assists all types of private and public, national or international companies at every stage, including crisis situations by devising concrete solutions for the prevention of disputes and management of legal files in all industrial sectors.

Thanks to our experience acquired over nearly twenty years working with major players in numerous industrial sectors, BMHAVOCATS has developed specific skills for anticipating and auditing industrial risks, managing serial damages, procedures for withdrawing or placing on the market, implementing self-regulatory procedures, regulations on the presentation and labeling of products, on compliance with French or European Community regulations, and, more broadly, in all types of disputes regarding defective products (particularly in cases of non-compliance, hidden defects, performance failure, inadequate safety, inadequate information or inadequate advice), on all legal bases (contractual and tortious liability, product liability, guarantee of compliance in the sale of consumer goods).

Our team on a human scale is able to act with the responsiveness and rigorousness necessary to assist you in moments of tension.

BMHAVOCATS’ fields of expertise include the following:

  • Assistance in the context of all expert assessment measures, amicable or court-ordered, in close collaboration with insurers and experts;
  • Advice, in the client’s language, in the aim of reaching an amicable resolution to a dispute, and representation in summary procedures and procedures on the merits, before judicial and administrative bodies, including in cases of class actions, as well as before arbitration and mediation bodies;
  • Advice in the conclusion of all contracts (for example, construction, engineering and service contracts, contracts for the supplying of materials and equipment, subcontracting, consortiums of companies, licensing, operations and maintenance) required for the construction and operation of industrial sites, including financial guarantees and all insurance contracts necessary in order to limit risks in case of damages;
  • Handling of all issues linked to the prevention of occupational risks for exposed employees, as well as occupational illnesses and accidents at work;
  • Advice regarding compliance with mandatory statements on packaging (labeling) as well as recall action, compliance of products with regulations in force, and in relations with regulatory authorities (DGCCRF);
  • Validating information contained in technical and commercial documentation in accordance with the obligation for manufacturers and retailers to inform and advise consumers.

Fields of intervention:

  • Agri-food industry
  • Energy
  • Pharmaceutical and crop-protection industry
  • Automotive
  • Communications
  • Construction
  • Heavy industry
  • Luxury
  • Transport
  • Toys

Recent missions:

  • Pre-litigation and litigation advice on liability for defective products to one of the main European builders of wind turbines;
  • Defending the interests of one of the leading worldwide manufacturers of crop-protection products for agriculture in amicable, judicial and litigious expert assessments on contractual and tortious civil liability;
  • Assistance to a German fertilizer manufacturer of in a dispute regarding the forced interruption of the marketing of one of its products on the French market;
  • Defending the interests of one of the leading worldwide builders of bridges, dams, industrial installations and infrastructures for transport in judicial and litigious expert assessments on contractual and tortious civil liability;
  • Assistance to one of leading worldwide producers of specialty chemicals in litigation concerning a recall / interruption of production of plastic bottle caps due to the failure to comply with French and EU rules concerning materials and objects intended to come into contact with foodstuffs;
  • Advice to numerous manufacturers of recreational vehicles in litigation concerning the legal warranty for hidden defects or non-compliance;
  • Assistance to the French subsidiary of a German manufacturer of garbage bags made with recycled plastics that could be initially used as shopping bags in pre-litigation regarding the prohibition on a national level of single-use plastic bags, and on a local project to prohibit the distribution of plastic bags at marketplaces;
  • Support to a Swedish company upon the calling into question by administrative authorities of the compliance of its products;
  • Support to a Japanese company in the launch on the French market of specific lighting products for the automotive industry.