Product safety policy and post-manufacture action plan
Analyzing the post-sale information
Determining post-sale action
Adequacy of post-sale remedial measures
Manufacturers need to establish a system that is commensurate with the risks they face to identify potential product safety problems, to analyze the problems keeping in mind the common law and any applicable regulatory law, and to undertake an effective remedial program that adequately deals with the safety problem and is defensible if accidents occur. While this may not prevent liability for selling defective products if accidents occur, it will hopefully minimize the possibility of government fines and punitive damages.
Kenneth Ross is Of Counsel to the Minneapolis office of Bowman and Brooke LLP where he practices in the areas of product safety and liability prevention and advises manufacturers, product sellers and insurers on ways to identify, evaluate and minimize the risk of products liability and contractual liability. These guides do not constitute legal advice and are very general. You should consult competent legal counsel or Medmarc Loss Control before acting on any of the information in these guides.
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Medmarc is a part of ProAssurance Group, a family of specialty liability insurance companies. The product material is for informational purposes only. In the event any of the information presented conflicts with the terms and conditions of any policy of insurance offered from ProAssurance, its subsidiaries, and its affiliates, the terms and conditions of the actual policy will apply.
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