As 2016 proved, large plaintiff verdicts in products cases are on the rise nationwide. As we counsel clients on active litigation, we also find value in helping clients with risk management strategies. This year, resolve to consider taking these three steps to review the safety of your products and accompanying warnings, labels and instructions to minimize risks and legal liabilities:
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Review Compliance with Regulatory Requirements
Depending on the industry, product labels are subject to the regulatory requirements of agencies such as FDA, CPSC, EPA and OSHA, among others. This year, consider routinely monitoring the ever-changing regulatory landscape governing your products, to ensure a product’s labels, warnings and instructions are in compliance before you face a legal issue.
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Review Incidents, Lawsuits and Verdicts for Risks and Dangers
Routine review of incidents, complaints and jury verdicts relating to your own and your competitors’ products serves as an early indication of new hazards or potential litigation. Consider conducting an updated risk assessment, such as a failure modes and effects analysis. Resolve to address any newly identified hazards either through a product redesign or revised warnings.
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Review Compliance with Industry Standards and ANSI Z535
Product warnings, labels and instructions also should comply with published industry standards. Consider conducting a thorough review of any changes in industry standards applicable to your products. Absent applicable regulations or industry standards, the ANSI Z535 series contains standards that provide general guidance for product safety signs and labels and product safety information in product manuals, instructions and other collateral materials. Such guidance includes appropriate shapes, sizes, colors, symbols, signal words and word messages. Through uniformity, these standards improve visibility and understanding for product users, including where language barriers are present. To learn more visit www.ansi.org.