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Mathilde Gérot, Attorney at Law in Paris 8

Managing the risks associated with defective products

Is your company facing allegations regarding a supposedly defective product? Are you dealing with a product crisis, a class-action lawsuit, or complaints related to an allegedly defective product?

Holding a manufacturer, distributor, or importer liable for a defective product can have dramatic consequences: damage to reputation, product recalls, multiple legal proceedings, and heavy financial penalties. In an environment where consumers and advocacy groups are increasingly vigilant and class-action lawsuits are on the rise, managing these risks has become a major strategic challenge for companies. You need counsel who understands the technical, legal, and reputational issues and who can defend you in what is often a multi-jurisdictional context.

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The Challenges Facing Businesses

Product integrity and safety needs to be at the heart of your industrial and commercial operations. The risks are numerous and can jeopardise your business:

  • A poorly managed product crisis can lead to massive recalls, a series of lawsuits, and irreversible damage to your brand image.
  • Class-action lawsuits expose your company to mass litigation that can have a lasting impact on your cash flow and tie up your teams for years.
  • Post-incident regulatory requirements and real-time regulator information exchange necessitate close coordination among legal, communications, and compliance teams to avoid severe penalties and rebuild regulator and consumer confidence.
  • The global nature of production and distribution chains increases the likelihood of simultaneous proceedings in multiple jurisdictions, often involving conflicting strategies.

Given these challenges, a structured, proactive, and coordinated defence strategy is essential to protect your business and limit your exposure.

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My Services

Crisis Management and Litigation Strategy 

  • Immediate strategic guidance upon detection of a defect or product incident;
  • Coordinating the legal response with your legal, technical, quality, and communications teams;
  • Development of a defence strategy tailored to your industry and operational constraints;
  • Management of voluntary and mandatory recalls with a view to minimising the risk of litigation.

Product Liability Litigation 

  • Representing your interests in liability claims:
    - arising from defective products;
    - for breach of contract;
    - based on the warranty against hidden defects;
  • Challenging technical and medical expert opinions;
  • Managing relationships with your insurers and coordinating the defence.

Regulatory and post-incident aspects 

  • Assistance with your reporting obligations to the relevant authorities (DGCCRF, ANSM, European authorities, etc.);
  • Representation in post-incident investigations and administrative proceedings;
  • Guidance on consumer information and traceability requirements;
  • Management of interactions with market surveillance authorities.


Real-life examples

"A defect has been detected in a batch of products that have already been sold" 

Your quality department has identified a potential defect in products that have already been released to the market. I can help you assess the extent of your liability, determine the appropriate corrective action/recall strategy, and anticipate customer complaints, while ensuring that your response aligns with your regulatory and insurance obligations.

"My company is facing a class-action lawsuit filed by a consumer advocacy group" 

A class-action lawsuit has just been filed against your company following a product defect that has affected thousands of consumers. I will build your defence by challenging both the admissibility and the merits of the lawsuit, while coordinating your defence with that being pursued in similar proceedings abroad to ensure consistency in your position.

"Legal proceedings are underway simultaneously in several European countries" 

You are facing claims and legal proceedings in multiple jurisdictions stemming from the same incident. I coordinate your defence on an international level, align your legal and technical positions, and manage relationships with your local counsel to optimize your overall strategy.

"Authorities have launched an investigation following reports from consumers" 

The DGCCRF or ANSM has received reports regarding your products and is requesting information. I will assist you in your communications with the regulatory authority, ensure compliance with your reporting obligations, and defend your interests while safeguarding your ability to continue operating.

"My company receives hundreds of similar individual complaints" 

Following a high-profile incident, your customer service department is overwhelmed with complaints. I implement a strategy for handling individual complaints, develop response protocols, and assess the feasibility of a comprehensive settlement agreement to mitigate the risk of mass litigation.

My approach

Understanding your industrial and commercial constraints

Before taking any action, I take the time to understand your production and quality control processes, your distribution channels, and your market challenges. This operational perspective allows me to provide you with a legal defence that fits the realities of your industry and safeguards your business.

Anticipating and preventing crises

My approach focuses on anticipating litigation risks. By reviewing your quality control procedures, ensuring your contracts with suppliers and distributors are sound, and implementing crisis management protocols, I help you reduce your exposure and ensure you are prepared in the event of an incident.

Respond quickly and in a coordinated manner

When a crisis arises, I step in immediately to coordinate your legal, regulatory, and operational response. My experience with complex, multi-jurisdictional litigation enables me to quickly build a coherent and effective defence strategy, both in France and internationally.

Firmly defending your interests

When dealing with class-action lawsuits and mass litigation, I put in place a rigorous and dedicated defence. I analyse every technical aspect of the case, challenge the opposing party’s expert reports, and build a strong case to protect your business and limit your liability.

Prioritize a comprehensive and coordinated approach

In an international context, I will coordinate a holistic plan to ensure consistency in your defence strategy. I will work closely with your local counsel, insurers, and in-house teams to execute your overall strategy and avoid harmful contradictions.