David Kidman

Profession

Partner, DWF

Biography

David is effective at resolving liability issues in product liability claims. He is also experienced in handling product recalls, recoveries, regulatory investigations, policy coverage issues, group litigation, and jurisdiction disputes.

David has handled claims involving products of various types, such as medical devices (e.g. breast implants, spinal implants), automobiles, and electrical goods. He has represented manufacturers, own-branders, distributors and retailers, and effectively pursued subrogated recoveries along supply chains.

David represented the lead defendant in the PIP Breast Implant Group Litigation, constructing its liability defence. He also acted for one of the main defendants in the Linkwise group litigation, which involved thousands of claims involving defective sofas and dermatitis. In that matter he part-drafted a claims handling agreement which was applied to approximately 1,500 to 2,000 claims, and which led to predictable and cost-effective resolution of those claims.

David has a particular expertise in the food and drink sector, having advised clients in relation to the European E.coli outbreak, illnesses at the Fat Duck restaurant, alleged pork DNA contamination of Halal products following the horsemeat scandal, food poisoning outbreaks involving hundreds of claimants, and food prosecutions, including a successful and newsworthy appeal relating to rare burgers which resulted in Food Standards Agency guidance.

David is on the executive committee for DWF's retail, food and hospitality sectors, which enables him to draw on the expertise of teams across both the insurance and commercial parts of DWF, particularly on the regulatory side. It also means he can work with the firm to provide a multi-disciplinary response to a product liability crisis, and provide the right expertise at the right time.

David has experience in constructing complex liability and causation defences based on expert engineering, scientific and epidemiological evidence, and has successfully defended complex disease claims involving exposure to hazardous substances and difficult illnesses such as bladder cancer.

David is head of FOIL's product liability sector focus team, working on behalf of the insurance industry to develop and share ideas on hot topics such as autonomous vehicles, the changing nature of product liability insurance, and legislative/regulatory changes.

He regularly speak at events for leading insurers, policyholders and brokers, on emerging risks issues such as nanotechnology, autonomous vehicles, EMF/mobile phones, 3D printing and e-cigarettes; as well as food industry risks such as complex supply chains and endocrine disruptors in food contact materials.

Published Works

Contact details

020 7645 4314 / david.kidman@dwf.law

Areas of Practice

Commercial

Year Qualified

2005

Education

2.1 LLB Hons;
Diploma in legal practice (LPC);
Solicitor-Advocate with higher rights of audience – civil courts.

Memberships

Head of Product Liability for FOIL's (Forum of Insurance Lawyers) sector focus team.
Product Liability Forum (British Institute of International and Comparative Law).