Product Liability Claims Against Overseas Manufacturers and Suppliers Lacking Presence or Assets in the U.S.

This CLE course will discuss what U.S. businesses that manufacture overseas must do from the beginning to ensure that their contracts with overseas manufacturers are enforceable, that the overseas manufacturer complies with negotiated terms, and that U.S. companies are indemnified for injuries incurred by the product's end users. The program will then discuss how plaintiffs that wish to recover from non-domestic defendants for product liability or other personal injuries can best position themselves for successful recovery when the defendant has no assets or presence in the U.S.

Many products sold by U.S. businesses are made thousands of miles away by a company that has no presence or assets within the United States. If that finished product or a component in that product causes personal injury or property damage due to a defect or failure to warn, both the injured party and the U.S. seller may wish to recover damages from the overseas producer either directly or by way of indemnification.

Before contracting with overseas producers, and in particular those in China, businesses must carefully negotiate and meticulously document their arrangements.

U.S. plaintiffs--whether businesses or individuals--seeking redress from manufacturing defendants that have no, or intentionally superficial, presence within the U.S. must first identify recoverable assets before they attempt to file suit in the U.S. or another jurisdiction.

Listen as this experienced panel first guides counsel through the negotiation, due diligence, and contracting process and then discusses best practices for recovering compensation from overseas manufacturers for damages caused by defective products or components.