Product Safety and Liability Audit
Product Safety Policy
Product Safety Manager
Product Safety Committee
If a company establishes a product safety policy and does nothing else, an injured claimant can create the impression that the company does not seriously care about the safety of its customers or end-users. A company’s commitment to product safety must be real as demonstrated by the company’s audit practices, the content and implementation of its product safety policy, the formation and activities of its product safety committee, and its retention of qualified, educated safety professionals. While it may be impossible for a company to eliminate risk entirely, the actions that a company takes to ensure product safety can go a long way to improve the company’s defense position should a products liability claim or lawsuit arise.
(1) Remember that the successful use of privilege only protects the oral or written communications between attorney and client and not necessarily the underlying information given by the personnel to the attorney. Therefore, if an engineer feels that the current design of the product is deficient, the other party in the lawsuit can obtain that information during the discovery process, whether or not the information was given to the attorney during the audit.
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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