Product Liability

An inevitable development in the area of tort litigation in the Caribbean concerns exposure to toxic substances in the workplace. An employee who suffers harm as a result of such exposure may seek to recover compensation from his employer under common law negligence or statutory provisions in the local jurisdiction. He may also seek to recover from the foreign manufacturer of a product which he claims has caused him injury. This aspect of product liability, long-established in North America, is of increasing importance in Caribbean jurisdictions; and where multiple defendants are joined in a negligence or strict liability claim, one of the major issues may be the apportionment of liability between the defendants, one or more of which may have reached a settlement with the claimant before trial.

We can assist by way of providing opinions and expert reports to overseas law firms in connection with all such issues.