--- title: "Defective Products and Insurance Litigation" id: "2017" type: "expertise" slug: "defective-products-and-insurance-litigation" published_at: "2026-01-25T18:32:02+00:00" modified_at: "2026-07-23T09:58:33+00:00" url: "https://www.august-debouzy.com/en/expertise/defective-products-and-insurance-litigation/" markdown_url: "https://www.august-debouzy.com/en/expertise/defective-products-and-insurance-litigation.md" excerpt: "Combining legal expertise and technical insight Industrial and manufacturing companies face increasing risks, including consumer claims, serial defects, major accidents, and the complex activation of insurance coverage. Every product-related incident engages civil liability, and sometimes criminal liability, and can have..." taxonomy_language: - "English" taxonomy_post_translations: - "pll_697661a2a1876" taxonomy_tax_expertise: - "Defective Products and Insurance Litigation" taxonomy_tax_famille_expertise: - "Dispute Resolution" --- ## Combining legal expertise and technical insight Industrial and manufacturing companies face increasing risks, including consumer claims, serial defects, major accidents, and the complex activation of insurance coverage. Every product-related incident engages civil liability, and sometimes criminal liability, and can have lasting effects on reputation and economic performance. We defend our clients’ interests in these high-stakes disputes by combining legal expertise with deep technical understanding. Our team includes litigators and engineer–attorneys trained at leading institutions such as École Polytechnique, Ponts, Mines, Chimie Paris, and ESTP. This dual capability enables us to analyze the technical causes of an incident, assess liability, activate insurance guarantees, and build a strong defense during court-appointed expert proceedings and in litigation on the merits. Our clients include industrial groups, manufacturers, insurers, reinsurers, and brokers facing individual or collective claims in sectors such as pharmaceuticals, automotive, food and beverage, technology, telecommunications, and tobacco. We intervene immediately after an incident to anticipate legal, financial, and reputational consequences. ## *our*Capabilities ### (01) Product Liability We assist manufacturers, distributors, and importers facing claims arising from accidents, non-conformities, or product failures. The technical analysis of the incident, conducted with our engineer–attorneys and specialist expert partners, enables us to establish the facts, identify actual responsibilities, and challenge unfounded claims. We act before civil and criminal courts, in France and internationally, and rely on our network to coordinate defenses across multiple jurisdictions simultaneously. Each matter is handled with a litigation strategy calibrated to the economic stakes and reputational risks involved. ### (02) Activating Insurance Coverage Following a loss event, the rapid and effective activation of insurance coverage, including general liability, professional liability, product liability, property damage, and environmental liability policies, is critical to managing the financial impact on the business. We review policies, identify applicable coverage, handle notifications, and negotiate with insurers to secure appropriate indemnification. In cases of denial or reservation of coverage, we intervene in pre-litigation and litigation proceedings, including before specialized industry bodies such as France Assureurs and ARIAS France, as well as in arbitration. Our command of insurance mechanisms provides effective protection for corporate assets. ### (03) Mass Litigation and Serial Loss Events When serial defects or repeated incidents give rise to numerous claims, we defend companies in mass litigation with anticipation and coordination. We oversee multidisciplinary technical investigations and negotiate structured settlement protocols. Our approach incorporates judicial, insurance, and reputational considerations to limit our clients’ exposure. We also act to challenge class actions brought before French or foreign courts. Our effectiveness lies in our ability to manage both the volume of claims and the unique features of each individual case simultaneously. Collective excellence at the service of the *highest standards.* Team [Marie Danis ( Partner )](https://www.august-debouzy.com/en/collaborateur/marie-danis/) [Benjamin van Gaver ( Partner )](https://www.august-debouzy.com/en/collaborateur/benjamin-van-gaver/) [Aude Londero ( Counsel )](https://www.august-debouzy.com/en/collaborateur/aude-londero/) [Amélie Tripet ( Counsel )](https://www.august-debouzy.com/en/collaborateur/amelie-tripet/) [Charles Hugo ( Senior Associate )](https://www.august-debouzy.com/en/collaborateur/charles-hugo/) Précédent Suivant ## Contact Us ## *our*References Defective Products and Insurance Litigation #### Solar panel manufacturer – Defective products dispute Representation of one of Europe’s largest solar panel companies in an international dispute relating to the production of more than 150,000 defective solar panels. Defective Products and Insurance Litigation #### Oilfield services provider – Industrial dispute Advising an oilfield services provider in a major industrial dispute following an accident in natural gas storage caverns. Defective Products and Insurance Litigation #### Major aerospace sector player – Defective products dispute Representation of a major player in the aerospace sector and one of its subsidiaries in a dispute against manufacturers and their insurers. Amount in dispute: €9 million. *Rankings* & Recognitions m - (01)Legal 500 2025 – Global Compliance - (02)Legal 500 2024 – Global Compliance ## *FAQ* ### (01) How should you defend a company in defective product liability litigation? Articles 1245 to 1245-17 of the French Civil Code establish a strict liability regime for producers for damage caused by a defect in their product, without the victim needing to prove fault. Directive (EU) 2024/2853 of 23 October 2024, which replaces Directive 85/374/EEC and must be transposed by 9 December 2026, extends this regime to digital products, software and AI systems, and eases the burden of proof for victims. We defend manufacturers, importers and distributors from the moment a claim arises: analysis of the alleged defect, structuring the technical defence, managing court-appointed expert proceedings and negotiating settlements. ### (02) How can you mobilize insurance coverage in response to a product-related claim? Insurance coverage (product liability, general liability, specific policies) is the first financial line of defence in the event of a claim. The interplay between different policies, the qualification of coverage and exclusions, and compliance with notification obligations determine indemnification. We assist clients in engaging with insurers and reinsurers: claim notification within contractual deadlines, analysis of applicable coverage, challenging coverage denials, managing deductibles and caps. Working with our insurance law specialists, we secure the mobilization of guarantees to cover the financial consequences of the claim. ### (03) How should you handle mass litigation or serial defects involving defective products? Serial defects (manufacturing defects, contaminations, drug side effects, technology malfunctions) generate mass litigation that multiplies financial and reputational stakes. Article 1245-15 of the French Civil Code provides for a ten-year time bar from the date the product was put into circulation, beyond which the producer’s liability can no longer be engaged (unless the damage worsened). We manage these complex disputes by coordinating the defence on all fronts: handling individual and collective claims, technical expertise, litigation and settlement strategy, and crisis communications. ### (04) Why choose August Debouzy as your law firm for defective product litigation and insurance in France? Industrial companies, manufacturers, insurers, reinsurers and brokers entrust us with their most sensitive disputes in the pharmaceutical, automotive, food, technology, telecommunications and tobacco sectors. Our team combines litigation lawyers and engineer-qualified lawyers from leading engineering schools, enabling us to deliver both legal rigour and deep technical understanding. We intervene from the moment the claim arises to anticipate legal, financial and reputational consequences and manage each case through to resolution.