Product Liability

Warnings and instructions are a necessary part of any safe product. Rarely is a design so safe that there are no warnings and instructions that need to be followed. On the other hand, failure to follow warnings and instructions can turn an otherwise safe product into one that is hazardous. Is it foreseeable that users will not read or follow this information? And if so, what effect does that have on the manufacturer’s potential legal liability for injuries suffered while using this product?

The purchase or sale of a company or product line can create big problems in product liability and product safety for both the buyer and the seller. Comprehensive audits should be conducted before an acquisition/sale to identify potential risks in these areas and help to clearly describe the risks assumed by each party in the purchase and sales documents.

Foreign manufacturers sometimes intentionally or unintentionally cut corners on safety and quality because they are less likely to be held liable in the U.S. for problems created by their products. U.S. manufacturers who buy from foreign companies must alter their relationships with such manufacturers to account for this possibility and enhance the safety of their products to protect themselves better if problems do occur.

Customer service, before and after sale, is one of the most important functions that must be performed by a manufacturer or product seller. It is also one of the riskiest. Obtaining no information, inadequate information, wrong information, misleading information, or harmful information can make it difficult to evaluate future risk, meet your regulatory obligations, and defend a product liability lawsuit.

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?

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 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.

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?

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.

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.