Product liability – a critical business risk.


A product quality or safety scare is high on the list of critical business risks.

On product quality and safety, urgent action needs to be taken to identify the risks and stop or mitigate these. We help you assess the right course of action – whether that is a product recall, withdrawal, or consumer safety issue.

Alongside that, there is the prospect of what can be intense and fast-moving consumer and media interest. Time-critical advice from a trusted adviser is important to agree on urgent action, avoid reputational damage and loss of customer confidence.

Our experience in product liability matters:

We help manage claims arising from safety or quality issues, whether it be single claims by individuals or multiple group claims by affected consumers.

Our product liability lawyers have been involved in all the major complex product liability actions running in Scotland over the last few years. We have a track record of working for UK and global clients, many of whom are household names.

Burness Paull's product liability lawyers advise on time-critical, complex safety and quality incidents, across sectors including:

  • pharmaceutical
  • medical devices
  • oil and gas
  • consumer products
  • food and drink
  • automotive
  • IT

Many of the matters we work on have a cross-border dimension, whether that involves a client-based abroad, intermediaries coordinating litigation from another jurisdiction, or where similar issues may be the subject of claims or litigation in other countries. We are well versed in translating different concepts and procedures and helping clients navigate unfamiliar territory.

In addition, Burness Paull product liability lawyers advise on:

  • Risk management issues – measures to avoid a product incident; mitigate the effect of an incident; what steps should be taken in the immediate aftermath of an incident; planning to help prepare for and manage an incident when it happens
  • Regulatory aspects of new products – local regulatory requirements
  • Judicial reviews – for instance, relating to approval or use of products

Our team provides complementary expertise in areas such as Health and Safety, Personal Injury, Reputation Management, Data Protection, and Intellectual Property. This means we can provide a comprehensive service covering all angles.