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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

Duty to Warn Non-English Speaking and Reading Product Users

How does a manufacturer comply with its duty to warn, given the number of people in the U.S. who do not read English or any language? Does the law require multilingual labels or safety symbols, and when is it a good idea to include them?

Preparing For and Implementing Product Recalls in 2022

Recalls are a major contributor to product liability incidents and lawsuits, interactions with government safety agencies, disputes with suppliers and product sellers, and negative publicity with the buying public. New guides have recently been issued that can help a manufacturer and product seller to better understand how to prepare for and implement an effective recall.

Safety Programs and CPSC Mandates

Safety management programs are necessary to help a company make safe products and monitor safety for products in use. The CPSC has provided lots of guidances and mandates over the years on what constitutes an adequate program. These guidances are potentially useful to those companies seeking to establish a CPSC-compliant safety program and should be considered as part of the program development process.

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.
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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.

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.
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