Product liability

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Understanding liability for building products requires a team that has first-hand experience in examining potential liability for products in the industry and the interaction with legislation, including the Building Code.

We have a wealth of experience in product liability matters. We provide expert liability advice at all stages from the design of a product, to manufacture, distribution and sale, and installation. Our expertise extends to an in depth understanding of liability for products for both domestic and international corporates. 

Our team has hands on experience in considering the complex matters frequently arising in product liability cases, which requires specialised technical capability to understand how the products themselves work, how this then interfaces with the law (including the complex legislative framework), and in certain cases, extensive procedural and case management skills.  

We frequently act on product liability disputes and advise entities carrying out due diligence on product performance. We also advise companies looking to better understand liability risks and exposure in relation to products in the context of proposed mergers and acquisitions.

Recent highlights
Multi-million-dollar product liability action against James Hardie NZ

Acting for Metlifecare in complex proceedings in the High Court against James Hardie entities in New Zealand, Australia, and the Republic of Ireland, for the negligent design, manufacture and supply of products, and breaches of the Fair Trading Act 1986 and Consumer Guarantees Act 1993.

Advising major multi-national construction products providers

Advising one of Australia and New Zealand's most trusted and recognised building products suppliers for use in constructing homes and commercial buildings.

Due diligence

Providing advice as to the liability for building products for a international corporate looking to purchase the business of its New Zealand based distributor.  

Reporting on industry changes

Ensuring the industry is keep up to date through regular reporting, including on the Building (Product Information Requirements) Regulations 2022 which came into force in December 2023 and introduced new obligations for New Zealand based manufacturers, importers, retailers and distributors.