Expert Guide to Product Liability and Warranty Litigation

The CMS Expert Guide to Product Liability and Warranty Litigation provides a comparative overview of how national laws across several CMS jurisdictions address product liability and warranty claims, offering practical insights for businesses and legal professionals into an increasingly complex area of law.

The guide explains how liability is allocated along the supply chain, from manufacturers and suppliers to importers, distributors and retailers, and outlines what qualifies as a “product” and a “defect” under the applicable legal frameworks. It considers statutory product liability regimes as well as contractual or statutory warranty rights, highlighting key differences in scope, prerequisites, and available remedies.

A particular focus of the guide lies in procedural and litigation-related aspects. It examines questions of limitation periods, burden of proof, evidentiary challenges, and costs in technical product disputes. The guide also addresses collective redress mechanisms and – where applicable – the interaction between court proceedings, alternative dispute resolution mechanisms, and regulatory investigations.

With product liability claims increasing in many jurisdictions, businesses involved in manufacturing, importing, distributing, or developing products face growing exposure to cross-border disputes. The CMS Expert Guide to Product Liability and Warranty Litigation supports informed decision-making by offering a structured comparison of procedural frameworks and litigation risks, enabling businesses to assess potential exposure and to plan dispute strategies accordingly.

By bringing together insights from across several CMS jurisdictions, we hope this publication will serve as a helpful and practical reference. Please feel free to engage in further discussion on effectively managing product-related litigation risks with our experts in your jurisdiction.