M. Susan Toth Associate




Susan Toth defends commercial motor vehicle carriers against catastrophic injury claims and alleged Federal Motor Carrier Safety Administration, Federal Highway Administration and Department of Transportation violations. She manages cases through all phases of litigation and is experienced with single-plaintiff, class action and coordinated cases. 

Susan has extensive experience representing domestic and international manufacturers and distributors in complex product liability matters involving a wide range of products, including commercial transportation, industrial machinery, construction equipment, infant products, athletic equipment and toxic torts, before federal and state courts, arbitration panels and mediators. 

Prior to joining Wilson Elser, Susan practiced law at a mid-Atlantic regional firm, and previously managed an institution-wide duty of care program for an internationally recognized medical center, including the development and implementation of policies and procedures to minimize the hospital’s risk arising from employees’ international travel. 

While in law school, Susan served as a law clerk with the Montgomery County, Maryland, State’s Attorney’s Office, where she assisted with all aspects of trial preparation, including preparing witnesses and closing arguments, for major felony trials, including a high-profile first-degree homicide prosecution.  

Areas of Focus

Product Liability
Susan counsels clients on risk-avoidance measures, product recalls, and responding to industry standards bodies and governmental investigations, including Consumer Product Safety Commission and U.S. congressional oversight committees. Our attorneys are backed by Wilson Elser’s Product Liability Practice, among the largest and most diversified in the United States, with an enviable track record of defending against product liability and mass tort actions in a variety of categories. These matters rarely are limited to one court or jurisdiction, and each claim can have nationwide and, often international, implications.

From guiding clients through the complexities of the legal system following the discovery of construction-related defects to handling the legal aftermath of construction accidents, Susan skillfully sorts out the liability for an injury or wrongful death and develops a strategic defense. She understands and appreciates cost-effective conflict avoidance and dispute-resolution protocols, especially when looking to avoid the time and costs of extensive discovery and trial. 

Susan understands that trucking and other transportation companies can no longer pay exorbitant settlements or judgments along with rising tolls, skyrocketing fuel costs, and increases in fines and fees. She is committed to staying abreast of legislative, regulatory, technological and other developments that have an impact on the industry. Wilson Elser represents public and private railroads, aviation companies, bus lines, small to large fleet carriers, freight forwarders and brokers, shippers, and taxi and limousine companies. Our attorneys understand the unique issues facing companies that transport cargo and people, first- and third-party liability, subrogation issues, and the interplay of legislation surrounding vehicle operation and ownership responsibility.