Presented by:Peter Barr, Jon Berkelhammer, Mike Bowers and Steve Millsap

Product Liability: Proposed Strategies

for Minimizing Associated Risks

Product Liability: Proposed Strategies

for Minimizing Associated RisksI. Overview of a Products Liability Claim

A. Design defect claim

B. Manufacturing defect claim

C. Inadequate warning or failure to warn claim

Product Liability: Proposed Strategies

for Minimizing Associated RisksD. A product will be misused

Product Liability: Proposed Strategies

for Minimizing Associated RisksE. Conflicts between a manufacturer and a

seller/distributor

1. Claims for indemnity

2. Additional insured

3. Proof of insurance is not an additional insured

II. Create a Culture of Safety

III. Selection of Corporate Representatives as Rule 30(b)(6) Witness

IV. Know your Marketing Materials

V. Educate counsel on your product

A. Who selects counsel

B. National or regional counsel

Product Liability: Proposed Strategies

for Minimizing Associated Risks

Product Liability: Proposed Strategies

for Minimizing Associated RisksVI. Document retention

VII. Reports to the Consumer Product Safety Commission

A. www.saferproducts.gov

B. Who may report

1. Consumers

2. Government agencies

3. Health care professionals

4. Child services providers

5. Public safety entities

VII. Reports to the Consumer Product Safety Commission

C. Requirements of a report

1. Description of product

2. Name of manufacturer or private labeler

3. Description of the harm

4. Category of the submitter

5. Contact information of the reporter

Product Liability: Proposed Strategies

for Minimizing Associated Risks

Product Liability: Proposed Strategies

for Minimizing Associated Risks VII. Reports to the Consumer Product Safety Commission

D. What is not required

1. Injured person’s name

2. Name of the product

3. Place of purchase (retailer)

4. Model or serial number

5. Date of manufacture

E. Risk of harm can be reported

F. Manufacturer can respond in ten days

VIII. Damages

A. Compensatory damages

1. Pain and suffering

2. Economic damages

B. Punitive damages

C. Unfair trade practice and treble damages

IX. Preemption

Product Liability: Proposed Strategies

for Minimizing Associated Risks