Ben Harner is a skilled litigator who primarily represents clients in complex product liability and tort matters. He regularly defends designers, manufacturers, and distributors against high exposure claims and has assisted clients in achieving successful outcomes—whether through early case resolution, motion practice, or trial—in cases involving, among other products: automobiles, automotive components, motorcycles, ATVs, industrial machinery, power tools, consumer products, and medical devices.
Ben’s work in these cases covers all phases of litigation, from initial claim investigation and assessment through trial. He regularly collaborates with subject matter experts to understand the product and injury at issue and formulates innovative and practical strategies to meet client goals.
In addition to successfully litigating cases in both state and federal trial courts, Ben has taken a leading role on appeals, obtaining significant results in appellate courts. He also proactively advises clients on issues of product safety, compliance with applicable standards, and implementing safety measures.
Outside of his product liability and tort practice, Ben represents clients in commercial disputes and business litigation, has assisted in environmental matters (related to litigation, regulatory, and permitting issues), and has worked with and defended railroad and maritime clients.
experience
- Missouri Court of Appeals reversed a plaintiff’s verdict in case alleging product defect and failure to warn claims related to a pneumatic stapler. Wilkinson v. Stanley Fastening Systems, L.P. [Missouri Court of Appeals, Eastern District]
- Defense verdict on design defect claims alleging that the occupant safety system (airbag, seat belt, and front crash sensors) failed to operate systematically in an automobile crash, resulting in Plaintiff sustaining a permanent quadriplegic injury. Plaintiffs asked the jury for $30 million. Missouri Lawyers Media ranked this as the No. 3 defense win in Missouri in 2023. Vincent and Kimberlee Kluge v. American Honda Motor Co., Inc. [Circuit Court of St. Louis County, Missouri]
- Missouri Court of Appeals affirmed the trial court’s order granting the defendants’ motion to exclude plaintiff’s mechanical engineering expert and motion for summary judgment arising out of a claimed defective ATV design. Gebhardt v. American Honda Motor Co., Inc. and Honda of South Carolina Mfg., Inc. [Missouri Court of Appeals, Western District]
- Federal District Court granted defendant’s motion to exclude plaintiff’s mechanical engineering expert and motion for summary judgment arising out of claimed defective design of table saw. Miravalle v. One World Technologies, Inc. d/b/a Ryobi and Ryobi Power Tools [United States District Court, Eastern District of Missouri]
- Summary judgment in maritime case (Jones Act, unseaworthiness, and maintenance and cure) addressing statute of limitations and complex equitable tolling arguments. Condiff v. Genesis Marine, LLC, et al. [Circuit Court of Third Judicial Circuit, Madison County, Illinois]
- The Missouri Bar
- Illinois State Bar Association
- American Bar Association (ABA)
- Defense Research Institute (DRI)
- Missouri Organization of Defense Lawyers (MODL)
- Bar Association of Metropolitan St. Louis (BAMSL)
- Missouri & Kansas Super Lawyers (by Thomson Reuters) “Rising Stars” list, 2017-2024 (Personal Injury – Products: Defense)
- Missouri Lawyers Media Top Defense Verdicts: No. 3 Defense Verdict for 2023
- A Look At Missouri’s Expert Witness Statute Five Years After Adopting FRE 702
MODL Quarterly Report Fall 2022 - Maritime Torts (Chapter 11)
Missouri Tort Law, Maritime Torts (Chapter 11), 4th Ed., The Missouri Bar 2016