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Kenneth Ross

Kenneth Ross is a Senior Contributor to In Compliance Magazine, and a former partner and now Of Counsel to Bowman and Brooke LLP. He provides legal and practical advice to manufacturers and other product sellers in all areas of product safety, regulatory compliance, and product liability prevention, including risk assessment, design, warnings and instructions, safety management, litigation management, post-sale duties, recalls, dealing with the CPSC, contracts, and document management. Ross can be reached at 952-210-2212 or at kenrossesq@gmail.com.

From This Author

Navigating the “Safety Hierarchy”

The safety hierarchy is a flexible concept that can be helpful in deciding on a final product design. But it can also be a trap for the unwary design engineer. This article will discuss the safety hierarchy concept, how do you comply with its requirements, and what are the problems associated with it?

Foreseeability: A Critical Analysis in Minimizing Pre-Sale and Post‑Sale Liability

This article will discuss the law of misuse and some ways in which manufacturers can practically perform a risk assessment, including an analysis of product misuse.

The Effect of Standards on Safety and Product Liability Litigation

This article will discuss the basic kinds of defects that can be alleged in any product liability case, the law as it pertains to compliance with standards, and some tips on how to deal with the issue of standards compliance.

The Risks of Optional Safety: Is Mandatory Safety Better?

This article discusses the legal and practical issues around the duty to design a safe product and how to decide whether various safety features that aren’t always necessary must be sold as standard features or whether they can be sold separately as options.

Location of Safety Warnings

This article discusses the legal and practical issues around the duty to warn and instruct and where to place safety information on the product and/or in the manual.
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Product Liability Marketing Defects

The way you market your product can turn an otherwise safely designed product into an unsafe product that causes injury and creates liability for the manufacturer and product seller.

Product Liability Litigation and its Effect on Product Safety Regulatory Compliance

Product liability litigation and product safety regulatory compliance are sometimes intertwined, and this can make a bad situation worse.

The Risk of Post-Sale Safety Improvements

This article presents the legal issues around pre- and post-sale safety improvements in products and provides recommendations to document them.

Contracts That Help or Hurt

When it comes to contracts, what terms and conditions are most important, and how can engineers support their company’s efforts to evaluate and minimize risks?

Technology Developments and the Risk of Product Liability

The risks of product liability sometime affect technological developments in hardware and software used to make products. They can stifle innovation and make some advancements seem too risky. How does the law view these products and what can be done to evaluate and reduce these risks.
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