Liability claims and lawsuits can tarnish your product’s reputation, to say nothing of your bottom line. So it is prudent—just sound business practice—to do everything possible to identify, minimize, and manage legal risk. The Bowman and Brooke LLP preventive law group, which includes one of America’s premier practitioners in this area, excels in helping you anticipate and avoid the risk of product and contractual liability.
Our preventive practice also draws on the considerable insights of our trial lawyers, who have defended many of the industries' biggest names in cases involving all types of products, nationwide. We know where legal vulnerabilities exist. We know how to make products defensible. We know how to minimize the possibility of claims.
Because preventive law is, in part, preparing for litigation, our preventive practice is a natural extension of service to clients, helping them avoid as well as defend against risks of product and contractual liability.
We can help you identify risks.
A comprehensive liability assessment and organizational analysis can bring to light hidden areas of concern. We compare your company’s situation with that of companies in similar industries and identify laws that may apply.
Together, we analyze the risks.
We will help you determine the likelihood of disputes, the potential consequences, the strategies necessary to minimize the risks, and the cost of implementing those strategies. If you currently have legal problems, we can help evaluate any lessons to be learned to mitigate such disputes in the future.
We plan and execute preventive strategies.
At each stage, we can draw on the insights of our trial lawyers to minimize the risk of future claims. We can help you initiate effective compliance programs and employee education programs. We can assist in the development of a product safety policy, and help create a management structure that integrates safety and compliance into product design, manufacture and marketing. We will help develop appropriate purchase order and sales contract terms and conditions, along with legally defensible designs and warnings and instructions. And, if problems arise after the sale of a product, we can advise on the appropriate response: perhaps a recall or retrofit program.
We seek alternatives to litigation.
Despite every effort at compliance and claims prevention, legal disputes can occur. If it is in your best interest, we will work to negotiate a settlement, or to resolve the matter through arbitration or mediation. But if it comes to litigation, you’ll find it reassuring to know your investment in preventive law can help your company more effectively assert a legal right or defend itself.
We recognize your cost concerns.
While avoiding just one lawsuit can more than pay the cost of preventive lawyering, it goes without saying that preventive services should be provided efficiently. By offering you the experience of leading experts in the field, we can do the job effectively and, in many cases, provide reliable cost estimates up front. These services can also be provided on an hourly basis, or on a monthly or annual retainer.
Representative services to manufacturers and sellers of products, such as electrical equipment, printing presses, farm equipment, medical devices and diagnostic equipment, gas and heating equipment, industrial equipment, sporting goods, juvenile products, power tools, chemicals, and consumer products, include:
- Safety Management
- Safety Communications
- Design and Manufacture
- Post-Sale Duties
- Document Management
- Warnings and Instructions
- Regulatory Compliance
- Legal Audits
- Legal Risk Assessments
- Litigation Management
- Seminars and Training