Product compliance, product safety and product liability

The product development and product launch phase is crucial to limit future product liability and product safety risks. 

Our assistance starts well before the actual launch of the product on the (Belgian) market. 

There are indeed a variety of legal, compliance and business aspects to take into account when launching a new (consumer) product like :

• regulatory (safety) aspects (including notably mandatory information, warnings to be affixed/ mentioned on the labelling, user manual and/or packaging), 
• possible communication with the public authorities /regulators for some products, 
• commercial considerations (such as (commercial) warranty), 
• language requirements, 
• sustainability and recycling considerations (eco-design, repair, refurbishment, end-life products) and possible linked liability issues,
• IP issues, 
• data protection or cybersecurity concerns in case of internet of things for instance… 

Our team will be your primary advisor along the road to enter the Belgian market. We advise product designers, manufacturers, producers, importers and resellers / retailers. 

We track legislative developments and provide guidance on the emerging and future regulations to help clients with the upcoming changes. 

Our team has experience dealing with all the key aspects in product liability and product recall including:

• Risk management and contract drafting: drafting tailor-made contracts for the production and/or distribution of our clients’ specific products, including sound terms and conditions limiting our clients’ liability to the extent possible; advising clients during contract negotiations in the upstream and downstream supply-chain;
• Out-of-court dispute resolution and litigation/arbitration: litigation or arbitration can create uncertainty and is often not the preferred way to solve conflicts in (long-term and cross-border) contractual relationships. Lydian therefore advises and assists clients in solving the dispute with the client’s supplier or customer in the best possible circumstances, thereby taking into account legal and business considerations. If alternative dispute resolution turns out not to be the right fit, our clients can count on our broad litigation experience to deal with complex claims, judicial expertise before Belgian tribunals and courts, as well as in arbitration matters. We also have a strong referral network to count on for cross-border litigation and/or arbitration.
• Collective redress and individual consumer claims: Product liability claims do not only come into play between two professional parties in the (contractual) supply-chain; it also concerns individual consumers. The reputation of the product, and therefore, the client, might be at stake. Our team assists and represents clients confronted with collective redress and individual consumer claims. 

Assisting clients with crisis management also includes the communication and alignment of strategy with their product liability and/or product safety insurer(s). Given our vast experience and Tier 1 position in insurance law on the Belgian market, Lydian is a preferred partner of many insurers. 

Our services include:

• Assistance in reviewing product liability and/or product recall policies;
• Coverage advice;
• (Alternative) dispute resolution and arbitration, including coverage disputes.